[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"http:\/\/pkblawfirm.com\/blog\/sanctions-imposed-wyndham-vacation-resorts\/#BlogPosting","mainEntityOfPage":"http:\/\/pkblawfirm.com\/blog\/sanctions-imposed-wyndham-vacation-resorts\/","headline":"Sanctions Imposed on Wyndham Vacation Resorts","name":"Sanctions Imposed on Wyndham Vacation Resorts","description":"Recently, the Ninth Judicial Circuit Court of Florida imposed sanctions on Wyndham Vacation Resorts in the continuing case of Yaeger and Brouwer versus Wyndham.\u00a0 These sanctions include orders for searching email databases, hard drives, sharepoint databases, and other shared databases and producing emails and other documents relevant to the case within a clearly specified time; […]","datePublished":"2018-04-05","dateModified":"2025-02-20","author":{"@type":"Person","@id":"http:\/\/pkblawfirm.com\/blog\/author\/pkblawfirm\/#Person","name":"Paul Knopf Bigger","url":"http:\/\/pkblawfirm.com\/blog\/author\/pkblawfirm\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/85dcec58e84d2e74317c0a8d76da794f4b6eda79e7e3a160fc6b26b09887306c?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/85dcec58e84d2e74317c0a8d76da794f4b6eda79e7e3a160fc6b26b09887306c?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Paul Knopf Bigger","logo":{"@type":"ImageObject","@id":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2023\/06\/Logo_PKB-2.svg","url":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2023\/06\/Logo_PKB-2.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2018\/04\/sanctions-imposed-on-wyndham-resorts.jpg","url":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2018\/04\/sanctions-imposed-on-wyndham-resorts.jpg","height":456,"width":875},"url":"http:\/\/pkblawfirm.com\/blog\/sanctions-imposed-wyndham-vacation-resorts\/","about":["Press"],"wordCount":593,"articleBody":"Recently, the Ninth Judicial Circuit Court of Florida imposed sanctions on Wyndham Vacation Resorts in the continuing case of Yaeger and Brouwer versus Wyndham.\u00a0 These sanctions include orders for searching email databases, hard drives, sharepoint databases, and other shared databases and producing emails and other documents relevant to the case within a clearly specified time; identifying additional individuals who need to give depositions and producing them for deposition by the plaintiffs; and compensating the plaintiffs for attorneys\u2019 fees and other costs related to filling and pursuing the Motion for Sanctions and reviewing the documents produced.Background on the Wyndham Vacation Resorts CaseThe case against Wyndham Vacation Resorts dates back to 2010, when the Plaintiffs initiated their claims that representatives of Wyndham\u2019s timeshare entities misrepresented their policies during the sales process. The Defendants\u2019 representatives indicated that each Plaintiff would be able to purchase multiple timeshares and operate timeshare rental businesses without any interference from Wyndham. However, Wyndham allegedly changed the rules about reservations and the use of timeshares, thereby interfering with and affecting the profitability of the Plaintiffs\u2019 rental businesses.During discovery, the court suggested a search of documents from a list of people associated with Wyndham Vacation Resorts using agreed upon search terms be conducted.\u00a0The Defendants produced documents from 29 people, but limited their review of emails, and many relevant documents were not produced.The case was transferred to the Federal Court in the Middle District of Florida, and once again the Plaintiffs requested all documents containing relevant search words.\u00a0This time the Defendants added six members of a senior leadership team to the search and another search term, but removed 20 of the 29 people originally identified as potentially involved because they had not been involved in a project associated with the relevant issues since 2009.In 2016, the Plaintiffs then filed a Motion to Compel that sought all requested items. In response, the Defendants conducted a search of the company-wide email database using additional terms, but still limited the documents produced to only those of the people already searched. Because the Defendants did not comply with the Court\u2019s 2016 orders, the Plaintiffs filed a Motion for Sanctions in spring of 2017.The Court\u2019s FindingsOn February 18, 2018, the Ninth Judicial Circuit Court of Florida concluded that the Defendants had not responded adequately to its 2016 Orders.\u00a0Instead, the Defendants intentionally disobeyed the Court\u2019s 2016 Orders, and “created significant problems with the administration of justice.” The Court ruled, therefore, that the Defendants should be responsible for the costs of correcting and completing the discovery process.Furthermore, the Court held that the \u201cDefendants\u2019 conduct [was] willful and contumacious\u201d and that sanctions were \u201cappropriate.\u201d\u00a0Intended to hold the Defendants responsible for their actions while allowing the case to proceed, these sanctions include:Conducting a search of the company wide email database from 2005 to present for all emails containing specified termsProviding a list of all people who could have had information relevant to the casesMeeting to confer and agree on a final list of people who should be interviewedConducting searches of hard drives, Sharepoint databases, and other databased related to those people identified as being potentially involvedProducing all emails related to a particular email message called \u201cMegarenter Rap\u201d within 30 daysInterviewing the author of the \u201cMegarenter Rap\u201d emailProducing, at their expense, individuals requested by Plaintiffs for deposition in Orange County, FloridaPaying Plaintiffs\u2019 attorneys\u2019 fees and costs related to filing and pursuing the Motion for Sanctions and their review of documents produced between July 5, 2016 and the completion of the documents produced under the new Order."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"http:\/\/pkblawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Sanctions Imposed on Wyndham Vacation Resorts","item":"http:\/\/pkblawfirm.com\/blog\/sanctions-imposed-wyndham-vacation-resorts\/#breadcrumbitem"}]}]