ORLANDO, FL – January 13, 2021 – Greenspoon Marder, on behalf of client Westgate, secured an award for attorneys’ fees and costs of nearly $70,000 in litigation as a result of a failed attempt by a putative class of timeshare owners. The class sought to use the litigation in the hopes of escaping their binding contractual obligations owed to Westgate.
The Plaintiffs originally filed an eight-count putative class action complaint, which they attempted to amend twice. In granting Westgate’s motion to dismiss the second amended complaint, the Court provided the Plaintiffs 14 days to file a third amended complaint “to correct the deficiencies noted herein, provided they can do so in good faith and in compliance with Rule 11 of the Federal Rules of Civil Procedure.”
The Plaintiffs did not file any further amended complaints, and instead filed a Notice of Voluntary Dismissal Without Prejudice. Westgate filed a motion seeking attorneys’ fees and costs arguing that it was the prevailing party in the litigation and entitled to attorneys’ fees pursuant to both the contract with the owners and one of the statutes upon which Plaintiffs’ claims were brought.
On January 5, 2021, the magistrate judge agreed with Westgate’s arguments and recommended that Westgate be awarded attorneys’ fees and costs in the amount of $69,686.25.
The Greenspoon Marder team consisted of partners
Richard Epstein, Jeffrey Backman, and Kathryn Saft, senior counsel Tina Garcia and associates Julia Stepanova, Matthew Rapkowski and Olivia Share.
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