Hutchins v. DIA Lodging LLC et al
| Harold Hutchins |
| Days Inns Worldwide Inc, Wyndham Worldwide Operations Inc, DIA Lodging LLC and Wyndham Hotels and Resorts LLC |
| 2:2020cv00242 |
| December 11, 2020 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Brian S Miller |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 50
DEFAULT JUDGMENT: Following the entry of the #41 Clerk's default and pursuant to the #48 Findings of Fact and Conclusions of Law entered this date in this matter, default judgment is entered against defendant DIA Lodging, LLC in the amount of $62,500.00. DIA Lodging, LLC is ordered to pay post judgment interest at a rate of 4.34 per annum from the date of the Judgment until paid in full. Signed by Judge Kristine G. Baker on 3/21/2023. (jbh)
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| Filing 49 SEALED EXHIBIT. (jbh) |
| Filing 48 FINDINGS OF FACT AND CONCLUSIONS OF LAW granting #39 motion for entry of default judgment against DIA Lodging, LLC; determining that Mr. Hutchins is entitled to a judgment in his favor against DIA Lodging, LLC in the amount of $62,500.00; and directing DIA Lodging, LLC to pay post judgment interest at a rate of 4.34 per annum from the date of the Judgment until paid in full. Signed by Judge Kristine G. Baker on 3/21/2023. (jbh) |
| Filing 47 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 2/24/2023 re #39 MOTION for Entry of Default, MOTION for Default Judgment against DIA Lodging LLC filed by Harold Hutchins. After arguments from counsel for plaintiff, the Court took the matter under advisement; A separate written order will be entered. (Present for plaintiff: Austin Easley) (Court Reporter Elaine Hinson) (tmw) |
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Filing 46
ORDER authorizing Austin Easley to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Helena, Arkansas, on Friday, 2/24/2023, for a hearing in this matter, and continuing each day thereafter until the hearing concludes. Signed by Judge Kristine G. Baker on 2/23/2023. (cmn)
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| Filing 45 NOTICE of Hearing on Motion #39 MOTION for Entry of Default, MOTION for Default Judgment against DIA Lodging LLC: Motion Hearing set for 2/24/2023 at 11:00 AM in Helena Courtroom #314 before Judge Kristine G. Baker. (tmw) |
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Filing 44
ORDER determining that good cause and compelling circumstances exist to permit Mr. Hutchins to testify remotely at the damages hearing because of Mr. Hutchins's advanced age and because of the distance Mr. Hutchins would have to travel for the hearing on damages which may or may not proceed if one or more of the defaulted defendants appears to contest default judgment. Signed by Judge Kristine G. Baker on 1/12/2023. (jbh)
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| Filing 43 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 1/10/2023 re #39 MOTION for Entry of Default, MOTION for Default Judgment against DIA Lodging LLC filed by Harold Hutchins. Court convened via telephone with counsel for plaintiff; The Court and counsel for plaintiff discussed status and options to proceed. (Present for plaintiff: Austin Easley) (Court Reporter Karen Dellinger) (tmw) |
| Filing 42 NOTICE of Hearing on Motion (via telephone) #39 MOTION for Entry of Default, MOTION for Default Judgment against DIA Lodging LLC: Motion Hearing set for 1/10/2023 at 01:30 PM in Little Rock Courtroom #4D before Judge Kristine G. Baker. (tmw) |
| Filing 41 Clerk's ENTRY OF DEFAULT as to DIA Lodging LLC. (jbh) |
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Filing 40
ORDER construing #39 motion as one for entry of default by the Clerk of Court and for entry of default by this Court; referring the motion for entry of default to the Clerk of the Court for consideration; and directing the Clerk not to terminate the motion if a Clerk's default is entered against DIA Lodging, LLC. Signed by Judge Kristine G. Baker on 7/11/2022. (jbh)
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| Filing 39 MOTION for Entry of Default , MOTION for Default Judgment against DIA Lodging LLC () by Harold Hutchins (Easley, Austin) |
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Filing 38
ORDER removing this case from the trial calendar for the week of 6/27/2022, on the Court's own motion; and directing Mr. Hutchins to provide the Court with a status update within 14 days of the date of this Order indicating if he intends to prosecute his case against DIA Lodging, LLC. Signed by Judge Kristine G. Baker on 6/23/2022. (jbh)
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Filing 37
ORDER granting #34 Motion to unseal docket entry #29 . The Clerk is directed to unseal docket number #29 . Signed by Judge Kristine G. Baker on 10/18/2021. (jak)
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Filing 36
ORDER granting #31 Motion to withdraw. Ms. Isaacman Yohey is relieved as counsel of record for DIW in this matter. Signed by Judge Kristine G. Baker on 10/18/2021. (jak)
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| Filing 35 MEMORANDUM re 29 Order, Terminate Motions, Add and Terminate Parties, Add and Terminate Attorneys. in Support of Defendant Days Inns Worldwide, Inc.'s Unopposed Motion to Unseal Docket No. 29 (Trammell, Bradley) |
| Filing 34 Unopposed MOTION to Unseal Document 29 Order, Terminate Motions, Add and Terminate Parties, Add and Terminate Attorneys by Days Inns Worldwide Inc (Trammell, Bradley) |
| Filing 33 AFFIDAVIT of Service and Response to Order to Show Cause, filed by Harold Hutchins. Harold Hutchins served on 12/16/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Easley, Austin) |
| Filing 32 Mail Returned Undeliverable as to Leslie R. Isaacman Yohey re 29 Sealed Opinion and Order. Resent to complete address. (fjg) |
| Filing 31 MOTION to Withdraw as Attorney by Leslie Isaacman Yohey by Days Inns Worldwide Inc (Attachments: #1 Exhibit Proposed Order on Motion of Leslie Yohey to Withdraw as Counsel)(Isaacman Yohey, Leslie) |
| Filing 30 NOTICE of Appearance by Bradley E. Trammell on behalf of Days Inns Worldwide Inc (Trammell, Bradley) |
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Filing 29
SEALED OPINION AND ORDER. Signed by Judge Kristine G. Baker on 9/30/2021. (jbh)
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| Filing 28 BRIEF IN SUPPORT re #7 Motion to Dismiss, or in the Alternative for Summary Judgment (Converted to a Motion for Summary Judgment by the Court) - Supplemental filed by Days Inns Worldwide Inc. (Isaacman Yohey, Leslie) |
| Filing 27 FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 6/27/2022 09:00 AM in Helena Courtroom #314 before Judge Kristine G. Baker. Discovery due by 4/13/2022; Motions due by 4/28/2022; Pretrial Disclosure Sheet due by 6/6/2022; Status Report due by 4/28/2022. Signed at the direction of the Court on 09/02/2021. (tmw) |
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Filing 26
ORDER converting #7 motion to dismiss into one for summary judgment. DIW shall have 14 days from the entry of this Order to submit any additional evidence or argument in support of their motion for summary judgment, and Mr. Hutchins shall have 28 days from the entry of this Order to submit any additional evidence or argument in opposition to the motion for summary judgment. The Court has under advisement DIW's motion for summary judgment. Signed by Judge Kristine G. Baker on 8/26/2021. (jbh)
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| Filing 25 REPORT of Rule 26(f) Planning Meeting by Days Inns Worldwide Inc. (Isaacman Yohey, Leslie) |
| Filing 24 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 8/16/2021; Rule 26(f) Report due by 8/30/2021; Jury Trial set for sometime during the week of 6/27/2022 at 09:00 AM in Helena Courtroom #314 before Judge Kristine G. Baker. Signed at the direction of the Court on 06/16/2021. (tmw) |
| Filing 23 SEALED Response. (jap) |
| Filing 22 SEALED Brief. (jap) |
| Filing 21 REPLY to Response to Motion re #7 MOTION to Dismiss OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (Response to Plaintiff's Statement of Disputed Facts) filed by Days Inns Worldwide Inc. (Isaacman Yohey, Leslie) |
| Filing 20 REPLY to Response to Motion re #7 MOTION to Dismiss OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by Days Inns Worldwide Inc. (Attachments: #1 Exhibit A)(Isaacman Yohey, Leslie) |
| Filing 19 SEALED Document. (jap) |
| Filing 18 SEALED Document. (jap) |
| Filing 17 SEALED Brief. (jap) |
| Filing 16 SEALED Response (jap) |
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Filing 15
ORDER: The Court hereby approves and adopts #14 parties' joint stipulation as to consent protective order indicating that the parties' consent and agree to abide by the protective order entered in Harold Hutchins v. DIA Lodging, LLC, et al., Case No. 2:18-cv-00124-KGB, filed in this case as docket entry number #14 -1. Signed by Judge Kristine G. Baker on 03/25/2021. (ajt)
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| Filing 14 STIPULATION (Joint) as to Consent Protective Order by Days Inns Worldwide Inc. (Attachments: #1 Exhibit A - Consent Protective Order)(Isaacman Yohey, Leslie) |
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Filing 13
ORDER granting #12 Mr. Hutchins' motion for extension of time. The time for Mr. Hutchins to respond to #7 motion to dismiss or, in the alternative, motion for summary judgment is extended to, and including, 03/26/2021. The time for Days Inns Worldwide, Inc. to reply is extended to, and including, 04/09/2021. Signed by Judge Kristine G. Baker on 03/17/2021. (ajt)
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by Harold Hutchins (Easley, Austin) |
| Filing 11 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #10 Order, the Clerk's office has reassigned the case to Judge Kristine G. Baker. (jak) |
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Filing 10
ORDER directing the Clerk to reassign this case to Judge Kristine Baker. Signed by Judge Brian S. Miller on 2/26/2021. (jbh)
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #8 Motion for Extension of Time. Signed by Judge Brian S. Miller on 2/26/2021. (rmg)
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| Filing 8 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT Until March 19, 2020 by Harold Hutchins (Easley, Austin) |
| Filing 7 MOTION to Dismiss OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by Days Inns Worldwide Inc (Attachments: #1 Document MEMORANDUM IN SUPPORT OF DEFENDANT DAYS INNS WORLDWIDE, INC.S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, #2 Document STATEMENT OF UNDISPUTED FACTS, #3 Exhibit Exhibit A - Franchise Agreement between DIW and DIA Lodging, LLC, #4 Exhibit Exhibit B - Affidavit of Rachel Dabrowa)(Isaacman Yohey, Leslie) |
| Filing 6 NOTICE of Appearance by Leslie R. Isaacman Yohey on behalf of Days Inns Worldwide Inc (Isaacman Yohey, Leslie) |
| Filing 5 STIPULATION of Dismissal (Joint) of Defendant Wyndham Worldwide Operations, Inc. by Wyndham Worldwide Operations Inc. (Isaacman Yohey, Leslie) |
| Filing 4 STIPULATION of Dismissal (Joint) of Defendant Wyndham Hotels and Resorts, LLC by Wyndham Hotels and Resorts LLC. (Isaacman Yohey, Leslie) |
| Filing 3 STIPULATION {JOINT] EXTENDING THE TIME FOR DEFENDANTS, DAYS INNS WORLDWIDE, INC., WYNDHAM HOTELS AND RESORTS, LLC, AND WYNDHAM WORLDWIDE OPERATIONS, INC., TO PLEAD OR OTHERWISE DEFEND THIS CAUSE OF ACTION by DIA Lodging LLC, Days Inns Worldwide Inc, Wyndham Hotels and Resorts LLC, Wyndham Worldwide Operations Inc. (Isaacman Yohey, Leslie) |
| Filing 2 AFFIDAVIT of Service , filed by Harold Hutchins. Harold Hutchins served on 12/14/2020. (Easley, Austin) |
| Filing 1 COMPLAINT with Jury Demand against All Defendants filed by Harold Hutchins. (Fee $402 paid. Receipt Number LIT080102.) Summons issued and returned to counsel. (Attachments: #1 Civil Cover Sheet)(ajt) |
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