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Westgate Resorts Ltd.
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Order | Filed: June 07, 2024 | Entered: June 07, 2024 In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation Assigned to: Chief Judge Margo K. Brodie Referred to: Magistrate Judge Joseph A. Marutollo Cause: 15:1 Antitrust Litigation
410 Anti-Trust | New York Eastern
Order
ORDER - In light of the response (Dkt. No. 9318 ) to the Court's May 26, 2024 order, further inquiry by the Court is required to assure the integrity of the claims process.
The law firm Milberg Coleman Bryson Phillips Grossman, LLC ("Milberg") states that it has withdrawn all claims submitted through the referral source that purportedly submitted fraudulent claims to Milberg. See Dkt. No. 9318 at 4-6. In the May 24, 2024 status report, Class Counsel noted that they were "informed of 30 instances where [] the proof of authorization document was withdrawn, either because of a conflict or for unknown reasons that all came from the same referral partner." Dkt. No. 9306 at 3. In the June 6, 2024 status report, Milberg noted that "[s]ince May 24, 2024, Milberg has withdrawn its registration of authorities to represent 116 entities that were submitted to [Epiq Systems, Inc. ('Epiq')]. Each of these 116 entities was submitted to Milberg by the same problematic third-party referral source." Dkt. No. 9318 at 6.
While Milberg states that it has "ceased advertising for clients in connection with this matter as of April 1, 2024, and has not retained any new clients since that date from any source" (Dkt. No. 9318 at 6), a number of questions remain regarding the claims that Milberg has already submitted to Epiq, including for clients in which Milberg is "working to secure signatures that are missing from the retainer agreements," as well as the "782 merchant clients with conflicted claims" (Dkt. No. 9318 at 7).
Accordingly, Milberg shall file, by June 17, 2024, a letter providing a more detailed overview of their claims review process, including updates on all claims submitted to Epiq. Milberg shall attach declarations or affidavits where appropriate. To the extent any spreadsheets or service agreements need to be filed under seal, Milberg shall comply with the Local Civil Rules as well as Magistrate Judge Marutollo's rules regarding sealed filings.
In its letter, Milberg shall also address, with citations to applicable law, whether, as Class Counsel suggests, Milberg should be ordered to "reimburse Epiq for the time spent related to these fake submissions, which has come at the expense of the class." Dkt. No. 9318 at 5. Additionally, Milberg shall address whether a referral should be made to the Department of Justice regarding Ms. Laverne Hallak, the referring source at issue. See Dkt. No. 9306 at 6, see also Dkt. No. 9318 at 5.
Class Counsel shall respond to Milberg's letter by June 24, 2024.
Class Counsel shall serve a copy of this order on Milberg.
Ordered by Magistrate Judge Joseph A. Marutollo on 6/7/2024. (JAM) (Entered: 06/07/2024) -
Motion | Filed: June 07, 2024 | Entered: June 07, 2024 Westgate Resorts, Ltd. et al v. Wesley Financial Group, LLC
Other Statutory Actions | Tennessee Middle
In Limine
MOTION in Limine Omnibus to Exclude Evidence by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
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Response | Filed: June 07, 2024 | Entered: June 07, 2024 Westgate Resorts, Ltd. et al v. Wesley Financial Group, LLC
Other Statutory Actions | Tennessee Middle
Memorandum in Support
MEMORANDUM in Support of 463 MOTION in Limine Omnibus to Exclude Evidence filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Attachments: # 1 Exhibit A - Wesley Exhibit List, # 2 Exhibit B - Example Assignment, # 3 Exhibit C - Example BBB, # 4 Exhibit D - Example 1099, # 5 Exhibit E - Example Audio Transcript, # 6 Exhibit F - Example Complaints and Responses, # 7 Exhibit G - ARDA Declaration, # 8 Exhibit H - ARDA PowerPoint, # 9 Exhibit I - 2016 ARDA Report, # 10 Exhibit J - Summary of Court Filings, # 11 Exhibit K - Example Internet Articles, # 12 Exhibit L - Misc Emails, # 13 Exhibit M - Misc WG Emails re Wesley, # 14 Exhibit N - Wesley Reviews Press, # 15 Exhibit O - Fusik Depo Exhibits, # 16 Exhibit P - DBRS Securitization Pre-Sale Report, # 17 Exhibit Q - Wesley RFP to WG, # 18 Exhibit R - Securitization Transaction Docs Composite, # 19 Exhibit S - Example Client Intake Form, # 20 Exhibit T - Summary of Challenged Exhibits)(Vance, Robert)
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