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Wixon v. Wyndham Resort Development Corp.

November 7, 2008

CLARKE AND REBECCA WIXON AND NORMAN AND BARBARA WIXON, DERIVATIVELY AND ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WYNDHAM RESORT DEVELOPMENT CORP. (F/K/A TRENDWEST RESORTS, INC.), GENE HENSLEY, DAVID HERRICK, JOHN HENLEY, PEGGY FRY AND JOHN MCCONNELL, AND NOMINALLY, WORLDMARK,
CLUB,
DEFENDANTS.



The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge

Judge: Hon. Jeffrey S. White

STIPULATION RE: PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;AND [PROPOSED] ORDER Current CMC date: November 14, 2008 Current CMC time: 1:30 p.m. the Requested CMC date: December 5, 2008 Requested CMC time: 1:30 p.m.

conference date previously scheduled for October 31, 2008 at 1:30 p.m, and resetting that matter for hearing on November 14, 2008 at 1:30 p.m.;

Barbara Wixon ("Plaintiffs") filed a Notice of Pendency of Other Actions or Proceedings ("Notice of Superior Court of California, County of Sacramento: WorldMark, The Club v. Robin Miller, Wyndham PT-GDS, Superior Court of California, County of Sacramento, Department 53, 800 Ninth Street,

WHEREAS, the Director Defendants filed their opposition to Plaintiffs' Notice of Pendency on November 3, 2008, and Defendant Wyndham will timely file its opposition to Plaintiffs' Notice of

WHEREAS, the Defendants do not take a position that the CMC date should be changed and do not stipulate to nor join in Plaintiffs' position regarding the proceedings in the Sacramento County

WHEREAS, the California Superior Court has scheduled two hearings in the above-described California state court proceeding in the Sacramento Superior Court for Friday, November 14, 2008, as follows: (1) a hearing on Plaintiffs' motion to intervene in the California State court proceeding, which motion is to be heard in Department 47 of the Sacramento Superior Court at 9:30 a.m. on November 14, 2008; and (2) a hearing on the petition filed by WorldMark, the Club ("WorldMark") to set aside a demand by respondent/WorldMark member Robin Miller for access to the WorldMark membership register, which matter is to be heard in Department 53 of the Sacramento Superior Court at 2:00 p.m. on

WHEREAS, counsel for Plaintiffs sought unsuccessfully to reschedule the hearings in the Sacramento Superior Court to avoid a scheduling conflict with the case management conference scheduled in this action, presently set for November 14, 2008 at 1:30 p.m.;

WHEREAS, on October 29, 2008, the Court issued an order vacating the case management

WHEREAS, also on October 29, 2008, Plaintiffs Clarke and Rebecca Wixon and Norman and Pendency"), identifying the following California state court proceeding currently pending in the Resort Development Corporation and DOES 1 through 50, inclusive, Case No. 34-2008-00025130-CU-9

Sacramento, California;

Pendency;

Court;

November 14, ...


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