Wyndham Vacation Ownership, Inc. et al v. US CONSUMER ATTORNEYS, P.A. et al, No. 9:2018cv81251 - Document 199 (S.D. Fla. 2020)
Court Description: ORDER granting 195 Motion for Permanent Injunction. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
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Wyndham Vacation Ownership, Inc. et al v. US CONSUMER ATTORNEYS, P.A. et al Doc. 199 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION Case No.: 9:18-cv-81251-REINHART WYNDHAM VACATION OWNERSHIP, INC. a Delaware corporation; WYNDHAM VACATION RESORTS, INC., a Delaware corporation, WYNDHAM RESORT DEVELOPMENT CORPORATION; an Oregon Corporation, and SHELL VACATIONS, LLC, an Arizona limited liability company, Plaintiffs, v. US CONSUMER ATTORNEYS, P.A., a Florida professional corporation; HENRY PORTNER, ESQ. an individual; ROBERT SUSSMAN, an individual; PLUTO MARKETING INC., a Nevada corporation; and 1PLANETMEDIA INC, a Nevada corporation; JOHN DOES #1-50; / NEWTON GROUP TRANSFERS, LLC, a Michigan limited liability company, Cross-Claim Plaintiff, v. US CONSUMER ATTORNEYS, P.A., a Florida professional corporation; Cross-Claim Defendant. STIPULATED FINAL PERMANENT INJUNCTION ORDER This cause having come to be heard upon the Joint Stipulation of Plaintiffs, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Resort Development 1 Dockets.Justia.com Corporation, and Shell Vacations, LLC (collectively, “Wyndham”), and Defendants, U.S. Consumer Attorneys, P.A. and Henry Portner, Esq. (collectively, the “Defendants”) (Wyndham and Defendants together, the “Parties”), pursuant to Federal Rule of Civil Procedure 65(d), for entry of this Stipulated Final Permanent Injunction Order (“Permanent Injunction”), and the parties having further jointly stipulated (as detailed below), the following stipulations are incorporated herein: 1. Wyndham filed its Complaint against the Defendants and various entities affiliated with the Defendants in the United States District Court for the Southern District of Florida, styled as Wyndham Vacation Ownership, Inc., et al., v. U.S. Consumer Attorneys, P.A, et al., Case No. 9:18-cv-81251-BER (the “Litigation”). In the Litigation, Wyndham asserted claims against Defendants for (1) violation of the Lanham Act, 15 U.S.C. § 1125; (2) a contributory violation of the Lanham Act, 15 U.S.C. § 1125; (3) tortious interference with contractual relations; (5) civil conspiracy to commit tortious interference; and (5) a violation of Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”). 2. Wyndham and the Defendants stipulate to the entry of this Permanent Injunction to resolve all matters in dispute in this Litigation between them. 3. The Defendants acknowledge the jurisdiction of this Court for purposes of entering and enforcing this Permanent Injunction, and waive: a. Any further procedural steps; and b. Any right to appeal, seek judicial review or otherwise challenge or contest the validity of this Permanent Injunction. 2 4. Defendants acknowledge and agree that they enter into this Permanent Injunction knowingly and willfully and with full understanding of its terms, having reviewed them after due consideration, and with opportunity to have separate legal counsel review its terms. DEFINITIONS 5. As used herein, “Wyndham” means the named Plaintiffs in the Litigation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Resort Development Corporation, and Shell Vacations, LLC, as well as all subsidiaries and affiliated companies, including but not limited to, SVC-West, LLC, SVC-Americana, LLC, and SVCHawaii, LLC, as well as all resorts and related homeowners associations of these named Plaintiffs, including but not limited to, those resorts listed on the attached Exhibit “A”, and any additional subsidiaries, affiliates, resorts and homeowner associations that may come into existence after entry of this Permanent Injunction. 6. As used herein, “Defendants” means Defendants U.S. Consumer Attorneys, P.A. and Henry Portner, Esq., and all other persons or entities who are in active concert or participation with any of them. 7. As used herein, “Wyndham Interest” shall be interpreted broadly to include any Wyndham timeshare interest, Wyndham points-based program, or other Wyndham vacation ownership interest of any kind, including but not limited to, all current Wyndham timeshare products and all legacy products affiliated with Wyndham. 8. As used herein, “Wyndham Owner” means: a. a person who owns a Wyndham Interest; or b. a person who has an existing payment obligation in favor of Wyndham related in any way to a Wyndham Interest; or 3 c. a person who is otherwise an owner, member, renter, and/or guest (regardless of whether they have yet purchased a Wyndham Interest) of any Wyndham Interest, regardless of the form, in: i. any resort listed on the attached Exhibit “A”; ii. any resort acquired or developed by, or that becomes an affiliated resort of Wyndham or any of its subsidiaries and/or affiliates after the entry of this Permanent Injunction upon receiving written notification of the same, or iii. any owner of a points-based timeshare ownership program denominated as a Wyndham points-based program. 9. As used herein, “Third-Party Exit Company” and/or “TPE” refer to any individual or business that advertises, markets, solicits or provides, or alleges to provide (whether valid or not), any product, service, plan, or program represented, whether expressly or by implication, to: a. Cancel, rescind, terminate, or otherwise effectuate an exit from a timeshare interest, including a Wyndham Interest; b. Cancel, rescind, terminate, reduce or otherwise alleviate any timeshare owner’s payment obligation to a timeshare developer and/or any homeowners association, whether based upon a promissory note, mortgage, maintenance fee, credit card agreement, or any other contract; c. Assist any timeshare owner in obtaining a refund of any payments made by the timeshare owner and associated with any timeshare interest, including but not limited to, mortgage payments, maintenance fees, club dues, and/or the purchase price of the timeshare interest; 4 d. Represent, negotiate, obtain, or arrange a surrender, quit claim transfer, transfer back to an association, or a deed-in-lieu of foreclosure of a timeshare interest; e. Offer or provide timeshare listing, resale, rental, financing, transfer, permanent or temporary trade-in, or other services or programs to any timeshare owner; f. Provide, whether for profit or not for profit, any timeshare owner with draft correspondence to send to a timeshare developer, a governmental entity, regulator, or any consumer advocacy group, drafts or templates of papers or pleadings to be filed or submitted in any court action commenced in regard to a timeshare interest and/or any payment obligation in favor of a timeshare developer, or otherwise give any assistance, whether in the provision of forms, templates, samples, instructions or otherwise to any timeshare owner; or g. Provide advice or assistance in regard to any timeshare owner’s credit record, credit repair request, or debt validation request in connection with a timeshare owner’s timeshare interest, including but not limited to the timeshare owner’s exit, termination, cancellation, rescission, or release of a timeshare interest. APPLICABLE LAW 10. A district court may grant permanent injunctive relief where it is shown that (1) there is actual success on the merits, (2) irreparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) if issued, the injunction would not be adverse to the public interest. Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000). 11. “[A] consent decree must spring from and serve to resolve a dispute within the court's subject-matter jurisdiction.” Local No. 93, Int'l Ass'n of Firefighters, AFL-CIO C.L.C. v. 5 City of Cleveland, 478 U.S. 501, 525 (1986). “[I]n addition to the law which forms the basis of the claim, the parties’ consent animates the legal force of a consent decree.” Id. 12. This injunction is entered pursuant to the false advertising provisions of Lanham Act, 15 U.S.C. § 1125(a), and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq., which are within the Court’s subject-matter jurisdiction pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367. PROHIBITIONS AGAINST DEFENDANTS 13. It is hereby ORDERED AND ADJUDGED that Defendants, their agents and employees, and all other persons or entities who are in active concert or participation with any of them, whether currently known or subsequently identified, shall be and agree to be PERMANENTLY RESTRAINED AND ENJOINED from, directly or indirectly, engaging in the following advertising and/or trade practices: a. Advertising, marketing, selling, or otherwise communicating a process, procedure, service, or ability to terminate a timeshare interest to any Wyndham Owner, including without limitation a guaranteed or permanent process to “cancel,” “terminate,” “rescind,” “exit,” “end,” “redeem,” “release,” or “remove” (or derivation thereof) such timeshare interests; b. Advertising, marketing, selling, or otherwise communicating the ability to terminate a timeshare interest, including without limitation the ability to “cancel,” “terminate,” “rescind,” “exit,” “end,” “redeem,” “release,” or “remove” (or derivation thereof) any Wyndham Owner from his or her timeshare interest; c. Advertising, marketing, selling, or otherwise communicating the ability to terminate a Wyndham Owner’s obligation to make future payments on a timeshare interest; 6 d. Advertising, marketing, or otherwise communicating that no secondary market exists for the sale, resale, or transfer of timeshare interests, including Wyndham Interests; e. Advertising, marketing, or otherwise communicating with any Wyndham Owner that his or her children, family members, or other heirs, devisees, or legatees will be encumbered with his or her timeshare interest or the obligations attendant thereto; f. Advertising, marketing, or otherwise communicating that Wyndham will not address timeshare owners’ concerns about ending their timeshare ownership; g. Advertising, marketing, or otherwise communicating a 100% money-back guarantee or refund tied to any process to “cancel,” “terminate,” “rescind,” “exit,” “end,” “redeem,” “release,” or “remove” (or derivation thereof) any Wyndham Owner from his or her timeshare interest; or h. Advertising, marketing, or otherwise communicating with any Wyndham Owner in any manner that conceals or misrepresents the location of the Defendants’ business operations. 14. In addition to the above, it is hereby ORDERED AND ADJUDGED that Defendants, their agents and employees, and all other persons or entities who are in active concert or participation with any of them, whether currently known or subsequently identified, shall be and agree to be PERMANENTLY RESTRAINED AND ENJOINED from, directly or indirectly, engaging in the following acts: a. Advising or inducing any Wyndham Owner to stop making payments under their existing contracts, stop paying their loans, stop paying their maintenance fees, 7 transfer their timeshare interest, rescind or terminate their timeshare interest, exit their timeshare interest, or to otherwise violate or breach their timeshare obligations, timeshare contracts and/or memberships. b. Marketing to, soliciting or in any way communicating with or assisting others in marketing to, soliciting or communicating with any Wyndham Owner relating to the timeshare industry or any TPE; c. Preparing, causing to be prepared, or otherwise assisting any other person or entity to prepare, whether directly or indirectly, any correspondence directed to a timeshare developer on behalf of any Wyndham Owner; d. Making or engaging in any statement or communication, whether oral, written, electronic, or otherwise, about or relating to timeshare developers unless otherwise required pursuant to applicable state and/or federal law including, without limitation, obligations imposed under applicable rules of civil procedure; e. Directing, suggesting or advising, or assisting others in directing, suggesting, or advising any Wyndham Owner to stop, cease, or withhold any payment related to any timeshare interest, including without limitation, related promissory notes, mortgage obligations, and/or maintenance fees; f. Making any statement, advising or suggesting, or otherwise assisting any other person or entity in making any statement, directly or by implication, that directs or in any way encourages a Wyndham Owner to stop making any payment related to their timeshare interest; g. Offering any product or service as a TPE to a Wyndham Owner; 8 h. Assisting any other individual or entity engaged in marketing the services of a TPE, or otherwise providing services as a TPE, to any Wyndham Owner, including, without limitation, the following individuals and entities: 1PlanetMedia, Inc., Pluto Marketing, Inc., Markos “Chance” Shapiro, Rocio Mujica Thompson, Steven Schwarz, Mark Merlino, Tisha Williams, Anthony Espinoza, Timeshare Attorneys of America, LLC, U.S. Consumer Attorneys, LLC, Attorney Advocates of America, LLC, Esmeralda Group, LLC, and/or Fonbuena Law Firm, PLLC d/b/a Timeshare Defense Attorneys. i. Using, disseminating, selling, transferring, sharing, or otherwise providing to any person the names or contact information of any Wyndham Owner to (a) any TPE, (b) any individual or entity affiliated with any TPE, or (c) any individual or entity with the purpose that such information ultimately be provided to a TPE; j. Referring or directing any Wyndham Owner to other persons or entities who offer or provide services as a TPE, or referring or directing any Wyndham Owner to any law firm or attorney, or any other legal services organization for matters relating to the timeshare industry or any TPE. k. Preparing or transmitting, or otherwise assisting any other person or entity to prepare or transmit, whether directly or indirectly, on behalf of any Wyndham Owner, any correspondence or complaints to any governmental agency or regulatory body relating to the timeshare industry or any timeshare developer, including without limitation, the Federal Trade Commission, the Consumer Financial Protection Bureau, or any State’s attorney general, unless such documents are requested from any such entity; 9 l. Knowingly using any Wyndham intellectual property, copyrights, or registered trademarks, or any other registered trademark owned by or licensed to Wyndham, in any published materials, promotions, advertising, marketing, online web content, correspondence or in any other format whatsoever; m. Participating in any form in the direct or indirect solicitation of any Wyndham Owner relating to the timeshare industry or any TPE, including but not limited to solicitation by proxy, or the use of any third parties (including, without limitation, other TPEs, law firms, timeshare resale and transfer companies, marketing companies, title companies, or closing companies); n. Contacting and/or having any communication, written or otherwise, with any Wyndham employee1 specifically for the purpose of obtaining Wyndham Owner contact information ; and o. Attempting to obtain, transmit, purchase, or sell Wyndham Owner lists, check-in lists, sales records, or any proprietary or non-public Wyndham business records or data, regardless of where such information was obtained. 15. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: Defendants, their agents, employees and/or those acting in concert are notified that any act in violation of any of the terms hereof may be considered and/or prosecuted as contempt of this Court. The Court shall retain jurisdiction over the parties to this Permanent Injunction and this case for the purpose of construing, interpreting, implementing, and enforcing the terms of this Permanent Injunction, including but not limited to the imposition of sanctions and civil fines as a result of any violation of the terms contained herein. 1 For purposes of this injunction, Wyndham Employee shall mean any employee of Wyndham. This includes any employee of a Wyndham property listed on Exhibit A, the corporate offices of Wyndham or any of the outside consultants, affiliates, and/or related entities that may have access to Wyndham Owner information. 10 In the event of an alleged violation of this Permanent Injunction, and to the extent the alleged violation is curable, Wyndham may notify the breaching party, in writing, of the alleged violation. If the alleged violator of this Permanent Injunction fails to cure the alleged violation within five (5) business days, and a judicial determination is later made that the breaching party(ies) was/were in violation of the terms of this Permanent Injunction, Wyndham, in addition to injunctive and other relief the Court may provide, shall be entitled to liquidated damages in the amount of $60,000 per violation of this Permanent Injunction, plus an additional $3,000 per diem for each day the breaching party(ies) is/are found to have remained in violation after receiving written notice from Wyndham. To the extent that the violation involves conduct directed to or involving a specific Wyndham Owner (opposed to Wyndham Owners generally), each such Wyndham Owner shall constitute a separate violation. The Parties stipulate that the damages for breaching this Permanent Injunction are speculative, that liquidated damages are appropriate in this instance, and that the amount of liquidated damages set forth in this Permanent Injunction are reasonable. If any provision of this Permanent Injunction shall be held invalid or unenforceable, the remainder shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. Each party agrees to bear its own costs and attorney’s fees and its portion of any court cost. DONE AND ORDERED this 21st day of October, 2020. HONORABLE BRUCE E. REINHART United States Magistrate Judge 1 Exhibit A Resort Bay Club Bluebeard's Beach Club Dolphin's Cove Resort Elysian Beach Resort Fairfield Harbour Fairfield Plantation Fairfield Orlando at Star Island Grand Chicago Riverfront Harbortown Point Kauai Beach Villas King Cotton Villas Makai Club Makai Club Cottages Orlando International Resort Club Star Island Wyndham Anaheim Wyndham Angels Camp Wyndham Austin Wyndham Avenue Plaza Wyndham Bali Hai Villas Wyndham Bay Club II Wyndham Bay Voyage Inn Wyndham Beach Street Cottages Wyndham Bentley Brook Wyndham Bison Ranch Wyndham Bonnet Creek Resort Wyndham Branson at The Falls Wyndham Branson at The Meadows I& II Wyndham Canterbury at San Francisco Wyndham Clearwater Beach Resort Wyndham Cypress Palms Wyndham Desert Blue Wyndham Durango Wyndham Dye Villas at Myrtle Beach Wyndham Flagstaff Wyndham Galena Wyndham Governor's Green 1 Wyndham Grand Desert Wyndham Grand Lake Wyndham Harbour Lights Wyndham Indio Wyndham Inn on Long Wharf Wyndham Inn on the Harbor Wyndham Ka Eo Kai Wyndham Kingsgate Wyndham Kona Hawaiian Resort Wyndham La Belle Maison Wyndham La Cascada Wyndham Lake of the Ozarks Wyndham Long Wharf Wyndham Mauna Loa Village Wyndham Midtown 45 at New York City Wyndham Mountain Vista Wyndham Nashville Wyndham Newport Onshore Wyndham Newport Overlook Wyndham Ocean Boulevard I - IV Wyndham Ocean Ridge Wyndham Ocean Walk Wyndham Oceanside Pier Resort Wyndham Old Town Alexandria Wyndham Pagosa Wyndham Palm-Aire Wyndham Park City Wyndham Patriots' Place Wyndham Pinetop Wyndham Plantation Resort Wyndham Rancho Vistoso Wyndham Resort at Avon Wyndham Resort at Fairfield Bay Wyndham Resort at Fairfield Glade Wyndham Resort at Fairfield Mountains Wyndham Resort at Fairfield Sapphire Valley Wyndham Rio Mar, A Margaritaville Vacation Club Resort Wyndham Riverside Suites Wyndham Royal Sea Cliff Wyndham Royal Vista Wyndham Santa Barbara Wyndham Sea Gardens Wyndham SeaWatch Plantation Wyndham Sedona Wyndham Shearwater 2 Wyndham Skyline Tower Wyndham Smoky Mountains Wyndham South Shore Wyndham St. Thomas, A Margaritaville Vacation Club Resort Wyndham Sundara Cottages at Wisconsin Dells Wyndham Tamarack Wyndham Taos Wyndham Tropicana at Las Vegas Wyndham Vacation Resorts Emerald Grande at Destin Wyndham Vacation Resorts Great Smokies Lodge Wyndham Vacation Resorts Lake Marion Wyndham Vacation Resorts Panama City Beach Wyndham Vacation Resorts Reunion at Orlando Wyndham Vacation Resorts Royal Garden at Waikiki Wyndham Vacation Resorts Shawnee Village Wyndham Vacation Resorts Smugglers' Notch Vermont Wyndham Vacation Resorts Steamboat Springs Wyndham Vacation Resorts Towers on the Grove at North Myrtle Beach Wyndham Vacation Resorts at Glacier Canyon Wyndham Vacation Resorts at Majestic Sun Wyndham Vacation Resorts at National Harbor Wyndham Westwinds Wyndham at The Cottages Wyndham at Waikiki Beach Walk 3 State AZ 1 Resort Bison Ranch 2 Havasu Dunes I & II 3 Havasu Dunes III 4 Phoenix - South Mountain Preserve 5 Pinetop 6 Rancho Vistoso 7 Scottsdale 8 CA 9 Anaheim Angels Camp 10 Bass Lake (North Shore Estates I) 11 Bass Lake (North Shore Estates II) 12 Big Bear 13 Cathedral City 14 Clear Lake 15 Dolphin's Cove Resort 16 Indio 17 Marina Dunes (Monterey Bay) 18 Oceanside 19 Palm Springs 20 Palm Springs - Plaza Resort & Spa 21 Pismo Beach (Beachcomber) 22 San Diego - Balboa Park 23 San Diego - Inn at the Park 24 San Diego - Mission Valley 25 San Francisco 26 Solvang 27 Windsor 28 CAN Canmore-Banff 29 Vancouver - The Canadian 30 Victoria 31 Whistler - Cascade Lodge 32 Whistler - Sundance 33 CO Estes Park 34 Granby - Rocky Mountain Preserve 35 Pagosa - Eagle's Loft 36 Pagosa - Elk Run 37 Pagosa - Masters Place 38 Pagosa - Ptarmigan Townhouses 39 Pagosa - Village Pointe 40 Steamboat Springs 41 FJ Fiji - Denarau Island 42 FL Daytona - Ocean Walk 43 Ft. Lauderdale - Palm-Aire 44 Ft. Lauderdale - Santa Barbara 45 Ft. Lauderdale - Sea Gardens - Cabana 46 Ft. Lauderdale - Sea Gardens - Key West 47 Ft. Lauderdale - Sea Gardens - Ocean Palms 48 Ft. Lauderdale - Sea Gardens - Ocean View 49 Ft. Lauderdale - Sea Gardens - Waterfalls 50 Orlando - Kingstown Reef 4 51 52 Orlando - Reunion HI Kapa'a Shore 53 Kihei 54 Kona 55 Valley Isle 56 ID 57 Arrow Point (Lake Coeur d' Alene) McCall 58 IL Galena 59 LA New Orleans - Avenue Plaza 60 MX Coral Baja 61 Isla Mujeres 62 La Paloma 63 Zihuatanejo 64 MO 65 Branson Lake of the Ozarks 66 MT West Yellowstone 67 NV Lake Tahoe (Tahoe I & II) 68 Lake Tahoe (Tahoe III) 69 Las Vegas - Boulevard (Las Vegas - South) 70 Las Vegas - Spencer Street 71 Las Vegas - Tropicana Avenue 72 Reno 73 South Shore 74 NM Red River 75 Santa Fe 76 Taos 77 OK Grand Lake 78 OR Bend - Seventh Mountain 79 Depoe Bay (Whale Pointe II) 80 Eagle Crest 81 Eagle Crest at Eagle Ridge 82 Eagle Crest Hotel Condominiums 83 Eagle Crest at Ridge Hawk 84 Eagle Crest at River View Vista 85 Gleneden 86 Portland Waterfront Park 87 Running Y 88 Schooner Landing 89 Seaside 90 PA Shawnee Village - DePuy House 91 Shawnee Village - Fairway House 92 Shawnee Village - Ridge Top Village 93 Shawnee Village - River Village (IIIA & IIIB) 94 SC Myrtle Beach - Plantation Resort I 95 Myrtle Beach - Plantation Resort II 96 Myrtle Beach - Plantation Resort III 97 Myrtle Beach - Plantation Resort IV 98 Myrtle Beach - Plantation Resort V 5 99 Myrtle Beach - Plantation Resort VI 100 Myrtle Beach - Plantation Resort VII 101 Myrtle Beach - Plantation Resort VIII 102 Myrtle Beach - Plantation Resort IX 103 Myrtle Beach - Plantation Resort X 104 Myrtle Beach - Plantation Resort XI 105 Myrtle Beach - Plantation Resort XII 106 Myrtle Beach - Plantation Resort XIII 107 Myrtle Beach - Plantation Resort XIV 108 Myrtle Beach - Plantation Resort XV 109 Myrtle Beach - Plantation Resort XVI 110 Myrtle Beach - Plantation Resort XVII 111 Myrtle Beach - Plantation Resort XVIII 112 TX Austin 113 Hunt - Stablewood Springs 114 Marble Falls 115 New Braunfels 116 UT Bear Lake 117 Bear Lake - Harbor Village 118 Estancia 119 Midway 120 Park City 121 St. George 122 Wolf Creek Village 123 Wolf Creek Village II 124 USVI St. Thomas - Elysian Beach Resort 125 WA Birch Bay (Ocean Breezes) 126 Blaine 127 Chelan-Lake House 128 Deer Harbor 129 Discovery Bay 130 Lake Chelan Shores 131 Leavenworth (Park Village) 132 Leavenworth (Village at Leavenworth) 133 Long Beach 134 Mariner Village 135 Seattle - The Camlin 136 Surfside Inn 6 Resort Name Holua Resort at Mauna Loa Village Kauai Coast Resort at the Beachboy Kona Coast Resort Kona Coast Resort II Paniolo Greens Waikiki Marina Resort The Cliffs Club Lawai Beach Resort Shell Owners Club – Hawaii (8) Resort Address County 78-7190 Kaleiopapa Street Kailua-Kona, HI 96740 520 Aleka Loop Kapaa, HI 96746 78-6842 Alii Drive Kailua-Kona, HI 96740 78-6842 Alii Drive Kailua-Kona, HI 96740 68-1745 Waikoloa Road Waikoloa, HI 96738 1777 Ala Moana Blvd Suite 212 Honolulu, HI 96815 3811 Edward Road Princeville, HI 96722 5017 Lawai Road Koloa, HI 96756 Shell Owners Club – West (18) Resort Name Resort Address County Desert Rose Resort 5051 Duke Ellington Way Las Vegas NV, 89119 501 Post Street San Francisco, CA 94102 501 Post Street San Francisco, CA 94102 2655 Hyde Street San Francisco, CA 94102 333 Fulton Street San Francisco, CA 94102 1745 S. Anaheim Blvd. Anaheim, CA 92805 865 Bordeaux Way Napa, CA 94558 525 Spruce Street San Diego, CA 92103 67800 East Nicklaus Way Welches, OR 97067 67800 East Nicklaus Way Welches, OR 97067 740 2nd NH Turnpike North Francestown, NH 03043 6808 S. 32nd Street Phoenix, AZ 85042 8984 Highway 42 Fish Creek, WI 54212 8984 Highway 42 Fish Creek, WI 54212 8984 Highway 42 Fish Creek, WI 54212 10601 North 56th Street Scottsdale, AZ 85254 3645 W. Starr Pass Blvd. Tucson, AZ 85745 Clark County The Donatello The Club Donatello The Suites at Fisherman’s Wharf The Inn at the Opera The Peacock Suites Resort Vino Bello Resort Inn at the Park Whispering Woods Resort Whispering Woods Resort II Crotched Mountain Resort The Legacy Golf Resort Little Sweden Resort Little Sweden II Resort Little Sweden Village Orange Tree Golf Resort Starr Pass Golf Suites 7 San Francisco County San Francisco County San Francisco County San Francisco County Orange County Napa County San Diego County Clackamas County Clackamas County Hillsborough County Maricopa County Door County Door County Door County Maricopa County Pima County Foxhunt at Sapphire Valley Resort Name Mountainside Lodge 4350 Highway 64 West Sapphire, NC 28717 Transylvania County Shell Owners Club – Pacific (1) Resort Address County 4417 Sundial Place n/a Whistler, B.C. Canada V0N 1B4 8
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