Judge Vacates Pending Case Dates After Plaintiff Files for Dismissal in Wyndham Suit

The U.S. District Court for Southern California in San Diego vacated all pending dates in a Telephone Consumer Protection Act suit against Wyndham Vacation Ownership before U.S. Magistrate Judge Michael Berg, said Berg’s Wednesday order (docket 3:23-cv-00342) confirming settlement. Any matters scheduled before the district judge will remain in effect pending notice from that court. Plaintiff Mariana Munoz filed a notice June 7 saying she intended to file a request for dismissal with prejudice within 60 days; parties are ordered to file their joint motion to dismiss the case no later than Aug. 9. Defendant Wyndham argued in its May reply to the complaint that award of statutory or punitive damages to plaintiff Mariana Munoz would be “grossly disproportionate" to any injury she sustained (see 2305160041. Munoz’s February robocalling complaint claimed Wyndham used an automatic telephone dialing system to place calls after she experienced financial hardship and defaulted on her regular monthly payments.