Name: Ache et al v. Marriott International, Inc. et al :: Virginia Eastern District Court :: Federal Civil Lawsuit No. 4:09-cv-00077, Judge Tommy E. Miller presiding
Creator: Virginia Eastern District Court
Published: 2009-06-15
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Virginia Eastern District Court

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73	Filed: 9/14/2010, Entered: None
	ORDER, agreed, re 72 Settlement Agreement. It is ORDERED: Ache's petition requesting permission to compromise his claim for injuries from the accident is GRANTED. Ache's request that the Court approve the Settlement is GRANTED. Ache's outstanding medical bills and expenses as set forth shall be satisfied from Settlement funds. Ache' attorneys' fees and legal costs, as set forth, shall be satisfied from Settlement funds. The Settlement funds, which total $9,238.48, shall be disbursed to Stephen Ache and Mary Ellen Ache, Ache's natural parents and legal guardians, to be held in trust for Ache's education and benefit. Marriott is released from all further liability for any present and/or future claims related to the injuries Ache sustained from the Accident. Signed by Magistrate Judge Tommy E. Miller and filed on 9/14/10; Copies to counsel on 9/14/10. (kgri) (Entered: 09/14/2010)
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72	Filed: 9/13/2010, Entered: None, Terminated: 9/14/2010
	SETTLEMENT AGREEMENT Amended by Marriott International, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Affidavit)(Hall-McIvor, Dannielle) (Entered: 09/13/2010)
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70	Filed: 9/1/2010, Entered: None
	SETTLEMENT AGREEMENT by Marriott International, Inc.. (Attachments: # 1 Exhibit Itemization of Medical Bills and Expenses, # 2 Proposed Order Approving Infant Settlement)(Hall-McIvor, Dannielle) (Entered: 09/01/2010)
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69	Filed: 8/11/2010, Entered: None
	Clerk's notice to counsel re: Dismissal Order.(lwoo) (Entered: 08/11/2010)
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68	Filed: 7/8/2010, Entered: None
	Brief in Support to 67 First MOTION to Compel Discovery filed by Jack Ache, Mary Ellen Ache, Stephen Ache. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jones, Edgar) (Entered: 07/08/2010)
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67	Filed: 7/8/2010, Entered: None
	First MOTION to Compel Discovery by Jack Ache, Mary Ellen Ache, Stephen Ache. (Jones, Edgar) (Entered: 07/08/2010)
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66	Filed: 6/3/2010, Entered: None
	ORDER finding as moot 5 Motion to Quash This is not a motion before this Court. It is rather a copy of a motion filed in a state court and attached as an exhibit to a document in a pleading filed in this Court. The document is MOOT as a motion but remains included in the file as an exhibit.. Signed by Magistrate Judge Tommy E. Miller on 6/3/2010. (Miller, Tommy) (Entered: 06/03/2010)
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65	Filed: 2/25/2010, Entered: None
	Supplemental Rule 16(b) Scheduling Order - it is ordered that Final Pretrial Conference is set for 9/3/2010 at 10:00 AM in Norfolk. Jury Trial is set for 9/16/2010 at 10:00 AM in Newport News. Signed by Magistrate Judge Tommy E. Miller on 2/24/10 and filed 2/25/10; Copies to counsel on 2/25/10. (kgri) (Entered: 02/25/2010)
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64	Filed: 2/17/2010, Entered: None
	Answer to Second Amended Complaint ANSWER to Complaint with Jury Demand by Manor Club at Ford's Colony Condominium Association.(Brydges, James) (Entered: 02/17/2010)
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63	Filed: 2/16/2010, Entered: None
	Notice of Filing of 60 Official Transcript. (kgri) (Entered: 02/16/2010)
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62	Filed: 2/11/2010, Entered: None
	Agreed Substitution ORDER, Attorney James Edward Brydges, Jr for Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford', s Colony Condominium Association, Marriott Resorts Hospitality Corporation and Marriott Ownership Resorts, Inc., Brian Nelson Casey for Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford', s Colony Condominium Association and Marriott Ownership Resorts, Inc. added. Attorney Henry Stokes Carter and George Owen Young Naylor terminated. Signed by Magistrate Judge Tommy E. Miller on 02/11/10. (cdod, ) (Entered: 02/16/2010)
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60	Filed: 2/12/2010, Entered: None
	TRANSCRIPT of Proceedings held on 02/11/2010, before Judge Tommy E. Miller. Court Reporter/Transcriber Heidi L. Jeffreys, Telephone number 757-222-7075. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/15/2010. Redacted Transcript Deadline set for 4/14/2010. Release of Transcript Restriction set for 5/13/2010.(jeffreys, heidi) (Entered: 02/12/2010)
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59	Filed: 2/12/2010, Entered: None
	AMENDED ORDER Denying Plaintiffs Motion for Default Judgment 31 , Granting Manor Clubs Motion to Set Aside Default Judgment 32 , and Granting Manor Clubs Motion for Extension of Time to File Answer 36 . Manor Club is ORDERED to file a responsive pleading by February 19, 2010. In addition, counsel for Plaintiffs made an oral motion for costs and attorneys fees which is Denied. Counsel is ordered to contact the courtroom deputies for the undersigned no later than 2/19/2010 to schedule a supplemental 16(b). Signed by Magistrate Judge Tommy E. Miller and filed on 2/12/10. (lwoo) (Entered: 02/12/2010)
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58	Filed: 2/11/2010, Entered: None
	NOTICE of Appearance by Christopher John Wiemken on behalf of Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford's Colony Condominium Association (Wiemken, Christopher) (Entered: 02/11/2010)
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57	Filed: 2/11/2010, Entered: None
	ORDER denying 31 Motion for Default Judgment; Granting 32 Motion to Set Aside Default; granting Manor Club's 36 Motion for Extension of Time to Answer; Manor Club is Ordered to file a responsive pleading by 2/19/10. Counsel for Plaintiffs made an oral motion for costs and attorneys' fees which is Denied. The supplemental 16(b) conference will be conducted by telephone conference call. Signed by Magistrate Judge Tommy E. Miller and filed on 2/11/10. (lwoo) (Entered: 02/11/2010)
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56	Filed: 2/10/2010, Entered: None
	NOTICE of Appearance by Brian Nelson Casey on behalf of Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford's Colony Condominium Association (Casey, Brian) (Entered: 02/10/2010)
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55	Filed: 2/10/2010, Entered: None
	NOTICE of Appearance by James Edward Brydges, Jr on behalf of Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford's Colony Condominium Association (Brydges, James) (Entered: 02/10/2010)
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54	Filed: 1/6/2010, Entered: None
	Notice of Hearing Date set for 1-29-2010 re 36 First MOTION for Extension of Time to File Answer, 32 First MOTION to Set Aside Default and for extension to file responsive pleadings (Naylor, George) (Entered: 01/06/2010)
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53	Filed: 12/15/2009, Entered: None
	Financial Interest Disclosure Statement (Local Rule 7.1) by Manor Club at Ford's Colony Condominium Association. (Attachments: # 1 Supplement Rule 7.1 Disclosure 2nd Copy)(Carter, Henry) (Entered: 12/15/2009)
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52	Filed: 12/11/2009, Entered: None
	AGREED ORDER granting Plaintiffs' 41 Motion for Leave to File their Additional Brief. Plaintiffs' previously filed additional Brief in Support of Plaintiffs' Answer to Defendant's Motion to Set Aside Default Judgment and for an Extension of Time to File Responsive Pleadings as filed on 11/22/09; directing the Clerk to enter the document as appropriately filed. Signed by Magistrate Judge Tommy E. Miller and filed on 12/11/09. (lwoo) (Entered: 12/11/2009)
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51	Filed: 12/11/2009, Entered: None
	Financial Interest Disclosure Statement (Local Rule 7.1) by Manor Club at Ford's Colony Condominium Association. (Attachments: # 1 Supplement 2nd Copy of Rule 7.1 Disclosures)(Naylor, George) (Entered: 12/11/2009)
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50	Filed: 12/11/2009, Entered: None
	AGREED ORDER granting Defendant Manor Club at Ford's Colony's 34 Motion for Leave to File Rule 7.1 Financial Disclosure Statement upon entry of this Order. Signed by Magistrate Judge Tommy E. Miller and filed on 12/11/09. (lwoo) (Entered: 12/11/2009)
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49	Filed: 12/8/2009, Entered: None
	ORDER that Michael E. Harman, Esquire, may withdraw as counsel of record forDefendant Marriott International, Inc. et al. Signed by Magistrate Judge Tommy E. Miller and filed on 12/8/09; Copies to counsel on 12/8/09. (kgri) (Entered: 12/08/2009)
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48	Filed: 12/2/2009, Entered: None
	Order Referring Case to Magistrate Judge. The parties having consented, it isORDERED that this case be referred to US Magistrate Tommy E. Miller to conduct any and all further proceedings in this case, including the trial, and order the entry of a final judgment as to the parties. Signed by District Judge Rebecca Beach Smith and filed on 12/2/09; Copies to counsel on 12/2/09. (kgri) (Entered: 12/02/2009)
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47	Filed: 12/1/2009, Entered: None
	Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference is set for 5/21/2010 at 11:30 AM. Jury Trial is set for 6/7/2010 11:00 AM in Newport News. Signed by District Judge Rebecca Beach Smith on 11/30/09 and filed on 12/1/09; Copies to counsel on 12/1/09. (kgri) (Entered: 12/01/2009)
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46	Filed: 11/30/2009, Entered: None
	CONSENT to Jurisdiction by US Magistrate Judge by Jack Ache, Stephen Ache, Mary Ellen Ache, Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford's Colony Condominium Association. (kgri) (Entered: 12/01/2009)
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45	Filed: 12/1/2009, Entered: None
	Request for Hearing by Stephen Ache, Mary Ellen Ache, Jack Ache re 31 First MOTION for Default Judgment as to Manor Club at Ford's Colony Condominium Association (Jones, Edgar) (Entered: 12/01/2009)
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44	Filed: 11/25/2009, Entered: None
	Request for Hearing by Manor Club at Ford's Colony Condominium Association re 36 First MOTION for Extension of Time to File Answer, 32 First MOTION to Set Aside Default and for extension to file responsive pleadings (Naylor, George) (Entered: 11/25/2009)
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43	Filed: 11/25/2009, Entered: None
	Rebuttal Brief re 36 First MOTION for Extension of Time to File Answer, 32 First MOTION to Set Aside Default and for extension to file responsive pleadings filed by Manor Club at Ford's Colony Condominium Association. (Attachments: # 1 Exhibit A- Resort Management Agreement, # 2 Exhibit B- Email of 10/20/09)(Naylor, George) (Entered: 11/25/2009)
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42	Filed: 11/23/2009, Entered: None
	Brief in Support to 41 First MOTION for Leave to File an Additional Brief filed by Stephen Ache, Mary Ellen Ache, Jack Ache. (Jones, Edgar) (Entered: 11/23/2009)
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41	Filed: 11/23/2009, Entered: None
	First MOTION for Leave to File an Additional Brief by Stephen Ache, Mary Ellen Ache, Jack Ache. (Attachments: # 1 Proposed Order)(Jones, Edgar) (Entered: 11/23/2009)
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40	Filed: 11/22/2009, Entered: None
	Brief in Support to 39 Response in Opposition to Motion for Setting Aside Default by Manor Club filed by Stephen Ache, Mary Ellen Ache, Jack Ache. (Attachments: # 1 Exhibit)(Jones, Edgar) (Entered: 11/22/2009)
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39	Filed: 11/22/2009, Entered: None
	RESPONSE in Opposition re 32 First MOTION to Set Aside Default and 36 for extension to file responsive pleadings filed by Stephen Ache, Mary Ellen Ache, Jack Ache. (Attachments: # 1 Exhibit)(Jones, Edgar) Modified on 11/25/2009 to add relationship to document 36 (kgri) (Entered: 11/22/2009)
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38	Filed: 11/17/2009, Entered: None
	RULE 26(f) PRETRIAL ORDER: Initial Pretrial Conference set for 12/7/2009 at 10:00 AM. Signed by Magistrate Judge Tommy E. Miller on 11/16/09 and filed on 11/17/09. (jcow, ) (Entered: 11/18/2009)
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37	Filed: 11/17/2009, Entered: None
	Brief in Support to 36 First MOTION for Extension of Time to File Answer filed by Manor Club at Ford's Colony Condominium Association. (Naylor, George) (Entered: 11/17/2009)
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36	Filed: 11/17/2009, Entered: None
	First MOTION for Extension of Time to File Answer by Manor Club at Ford's Colony Condominium Association. (Naylor, George) (Entered: 11/17/2009)
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35	Filed: 11/17/2009, Entered: None
	Brief in Support to 34 First MOTION for Leave to File Rule 7.1 Financial Disclosure filed by Manor Club at Ford's Colony Condominium Association. (Naylor, George) (Entered: 11/17/2009)
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34	Filed: 11/17/2009, Entered: None
	First MOTION for Leave to File Rule 7.1 Financial Disclosure by Manor Club at Ford's Colony Condominium Association. (Attachments: # 1 Proposed Order, # 2 Exhibit Propose Rule 7.1 Financial Disclosure)(Naylor, George) (Entered: 11/17/2009)
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33	Filed: 11/11/2009, Entered: None
	Brief in Support to 32 First MOTION to Set Aside Default and for extension to file responsive pleadings filed by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford's Colony Condominium Association. (Carter, Henry) (Entered: 11/11/2009)
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32	Filed: 11/11/2009, Entered: None
	First MOTION to Set Aside Default by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Manor Club at Ford's Colony Condominium Association. (Carter, Henry) Modified on 11/23/2009 to remove and for extension to file responsive pleadings. See 11/16/09 Notice of Correction. As directed, document was filed again as Document # 36 . (kgri) (Entered: 11/11/2009)
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31	Filed: 11/3/2009, Entered: None
	First MOTION for Default Judgment as to Manor Club at Ford's Colony Condominium Association by Stephen Ache, Mary Ellen Ache, Jack Ache. (Attachments: # 1 Exhibit Exhibit A and Affadavit Exhibit B, # 2 Proposed Order)(Jones, Edgar) (Entered: 11/03/2009)
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30	Filed: 10/28/2009, Entered: None
	Clerk's ENTRY OF DEFAULT as to Manor Club at Ford's Colony Condominium Association (lwoo) (Entered: 10/28/2009)
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29	Filed: 10/26/2009, Entered: None
	CERTIFICATE of Service corrected re 27 Request for Entry of Default as to Manor Club at Ford's Colony Condominium Association by Edgar Rawlings Jones on behalf of all plaintiffs (Jones, Edgar) (Entered: 10/26/2009)
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28	Filed: 10/20/2009, Entered: None
	CERTIFICATE of Service re 27 Request for Entry of Default as to Manor Club at Ford's Colony Condominium Association by Edgar Rawlings Jones on behalf of all plaintiffs (Jones, Edgar) (Entered: 10/20/2009)
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27	Filed: 10/20/2009, Entered: None
	Request for Entry of Default as to Manor Club at Ford's Colony Condominium Association by Stephen Ache, Mary Ellen Ache, Jack Ache. (Attachments: # 1 Affidavit)(Jones, Edgar) (Entered: 10/20/2009)
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26	Filed: 10/6/2009, Entered: None
	Clerk's letter to counsel via ECF regarding status of defendant which has not yet answered. (kgri) (Entered: 10/06/2009)
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25	Filed: 10/6/2009, Entered: None
	NOTICE by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc. (Carter, Henry) (Entered: 10/06/2009)
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24	Filed: 10/5/2009, Entered: None
	AGREED ORDER that James R. Jebo, Esquire may withdraw as counsel for Defendant Marriott International, Inc., et al. Signed by District Judge Rebecca Beach Smith and filed on 10/5/09. (lwoo) (Entered: 10/05/2009)
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23	Filed: 8/28/2009, Entered: None
	Amended PDF Formatted ANSWER to Complaint with Jury Demand by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc..(Carter, Henry) (Entered: 08/28/2009)
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22	Filed: 8/25/2009, Entered: None
	Amended PDF format ANSWER to Complaint with Jury Demand by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc..(Carter, Henry) (Entered: 08/25/2009)
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21	Filed: 8/19/2009, Entered: None
	SUMMONS Returned Executed (Second Amended Complaint) as to Marriott Ownership Resorts, Inc. served on 8/14/2009 (lwoo) (Entered: 08/20/2009)
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20	Filed: 8/19/2009, Entered: None
	SUMMONS Returned Executed (Second Amended Complaint) Marriott Resorts Hospitality Corporation served on 8/14/2009 (lwoo) (Entered: 08/20/2009)
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19	Filed: 8/18/2009, Entered: None
	SUMMONS Returned Executed: Manor Club at Ford's Colony Condominium Association served on 8/13/2009. (kgri) (Entered: 08/18/2009)
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18	Filed: 8/3/2009, Entered: None
	Defendant's ANSWER to Complaint Second Amended by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc. (Carter, Henry) Modified on 10/6/2009 to remove Manor Club at Ford's Colony Condominium Association as a party filer pursuant to 25 Notice (kgri) (Entered: 08/03/2009)
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17	Filed: 8/3/2009, Entered: None
	Three Summonses Issued on the Second Amended Complaint (each with 1 copy of Second Amended Complaint and attachments) as to Manor Club at Ford's Colony Condominium Association, Marriott Resorts Hospitality Corporation, d/b/a Marriott Vacation Club International, Marriott Ownership Resorts, Inc. Summons package mailed to counsel as requested. (Attachments: # 1 Magistrate Judge Notice and Judge's Information)(kgri) (Entered: 08/03/2009)
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16	Filed: 7/24/2009, Entered: None	Amended Complaint
	SECOND AMENDED COMPLAINT against Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Resorts Hospitality Corporation d/b/a Marriott Vacation Club International, Marriott Ownership Resorts, Inc. Marriott Ownership Resorts, Inc., d/b/a Marriott Vacation Club International, and Manor Club at Ford's Colony Condominium Association, filed by Stephen Ache, Mary Ellen Ache, Jack Ache. (Jones, Edgar) Modified on 7/27/2009 to name defendants and note Second Amended Complaint in text (kgri) (Entered: 07/24/2009)
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15	Filed: 7/22/2009, Entered: None
	ORDER, agreed, granting Plaintiffs leave to file Plaintiffs' Second Amended Complaint. Signed by District Judge Rebecca Beach Smith and filed on 7/22/09; Copies to counsel on 7/23/09. (kgri) (Entered: 07/23/2009)
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14	Filed: 7/22/2009, Entered: None
	DISMISSAL ORDER, agreed, that the court dismisses An Ongoing Business Known as Marriott Manor Club; Realtec Incorporated; and Realtec Incorporated as successor by merger to Fords Colony at Williamsburg, Inc., d/b/a Fords Colony at Williamsburg, Inc. Signed by District Judge Rebecca Beach Smith and filed 7/22/09; Copies to counsel on 7/23/09. (kgri) (Entered: 07/23/2009)
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13	Filed: 7/9/2009, Entered: None
	AMENDED COMPLAINT against Marriott International,Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc., Realtec Incorporated, Realtec Incorporated, filed by Stephen Ache, Mary Ellen Ache, Jack Ache. (Jones, Edgar) Modified on 7/13/2009 to name the defendants (kgri) (Entered: 07/09/2009)
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12	Filed: 7/9/2009, Entered: None
	ORDER granting 10 Plaintiffs' Motion for Leave to File Plaintiffs' First Amended Complaint. Signed by District Judge Rebecca Beach Smith and filed on 7/9/09; Copies to counsel on 7/9/09. (kgri) (Entered: 07/09/2009)
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11	Filed: 7/5/2009, Entered: None
	AMENDED COMPLAINT against all defendants, filed by Stephen Ache, Mary Ellen Ache, Jack Ache.(Jones, Edgar) (Entered: 07/05/2009)
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10	Filed: 7/5/2009, Entered: None
	First MOTION for Leave to File First Amended Complaint by Stephen Ache, Mary Ellen Ache, Jack Ache. (Attachments: # 1 Plaintiffs' First Amended Complaint, # 2 Proposed Order)(Jones, Edgar) (Entered: 07/05/2009)
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9	Filed: 7/5/2009, Entered: None
	NOTICE of Appearance by Edgar Rawlings Jones on behalf of Stephen Ache, Mary Ellen Ache, Jack Ache (Jones, Edgar) (Entered: 07/05/2009)
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8	Filed: 6/18/2009, Entered: None
	Memorandum in Support re 5 MOTION to Quash, 6 MOTION to Dismiss filed by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc.. (Attachments: # 1 Affidavit)(Jebo, James) (Entered: 06/18/2009)
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7	Filed: 6/17/2009, Entered: None
	Magistrate Judge Notice and Judge's Information to counsel. (ECF to registered counsel; mailed to non-registered counsel with notices regarding registration requirement). (kgri) (Entered: 06/17/2009)
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6	Filed: 6/15/2009, Entered: None
	COPY OF MOTION to Dismiss filed in state court by an ongoing business known as Marriot Manor Club. (kgri) (Entered: 06/17/2009)
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5	Filed: 6/15/2009, Entered: None
	COPY OF MOTION to Quash filed in state court by an ongoing business known as Marriot Manor Club. (kgri) (Entered: 06/17/2009)
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4	Filed: 6/15/2009, Entered: None
	Financial Interest Disclosure Statement (Local Rule 7.1) by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc. (kgri) (Entered: 06/17/2009)
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3	Filed: 6/15/2009, Entered: None
	COPY OF ANSWER to Complaint (Notice of Removal) filed in state court by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc. (kgri) (Entered: 06/17/2009)
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2	Filed: 6/15/2009, Entered: None
	COPY OF NOTICE of Removal filed in state court by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc. (kgri) (Entered: 06/17/2009)
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1	Filed: 6/15/2009, Entered: None
	NOTICE OF REMOVAL from Circuit Court for the City of Williamsburg, case number CL09000683-00 (Filing Fee $350.00, receipt number 44683000724) filed by Marriott International, Inc., Marriott Resorts Hospitality Corporation, Marriott Ownership Resorts, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Receipt, # 6 Civil Cover Sheet, # 7 Cover Letter)(kgri) (Entered: 06/17/2009)
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