Esposito et al v. AIRBNB Action, LLC et al
| Christian Fresno, Benjamin Kutylo, Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito and Britton Esposito |
| AIRBNB Payments, Inc., Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board, AIRBNB, Inc., Other Owner(s) and/or AIRBNB Hosts of Farm House Chakra 82, Buenos Aires, Argentina, AIRBNB Action, LLC and Matias Jose Fernandez |
| 5:2020cv05204 |
| November 25, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| P.I.: Other |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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Filing 79
First MOTION for Extension of Time to File Response/Reply as to #71 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Forum Non Conveniens, or Alternatively, To Stay Proceedings, #75 Memorandum Brief in Support, #74 Notice (Other), #72 Notice (Other), #73 Notice (Other), AGREED by Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo. (Esposito, Nicholas)
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Filing 78
OPINION AND ORDER granting in part and denying in part #60 Motion to Compel. These proceedings are STAYED pending arbitration (see Order for specifics). Signed by Honorable Timothy L. Brooks on January 19, 2021. (tg) Modified on 1/20/2021 (src).
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Filing 77
AFFIDAVIT of Service for Summonses in a Civil Case, filed by All Plaintiffs. Matias Jose Fernandez served on 12/4/2020, answer due 12/25/2020; Lindsay Olson served on 12/4/2020, answer due 12/25/2020; Puerto Panel Farm Club Property Association and Association Board served on 12/4/2020, answer due 12/25/2020. (Esposito, Nicholas)
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Filing 76
JOINT REPORT of Rule 26(f) Planning Meeting by AIRBNB, Inc.. (Ybanez, Keith)
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Filing 75
MEMORANDUM BRIEF in Support of #71 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Forum Non Conveniens, or Alternatively, To Stay Proceedings by Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Delgado, Alery)
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Filing 74
NOTICE by Puerto Panel Farm Club Property Association and Association Board re #71 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Forum Non Conveniens, or Alternatively, To Stay Proceedings (Attachments: #1 Affidavit)(Delgado, Alery)
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Filing 73
NOTICE by Matias Jose Fernandez re #71 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Forum Non Conveniens, or Alternatively, To Stay Proceedings (Attachments: #1 Affidavit)(Delgado, Alery)
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Filing 72
NOTICE by Lindsay Olson re #71 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Forum Non Conveniens, or Alternatively, To Stay Proceedings (Attachments: #1 Affidavit, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Delgado, Alery)
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Filing 71
MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Forum Non Conveniens, or Alternatively, To Stay Proceedings by Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Delgado, Alery)
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Filing 70
NOTICE of Appearance by Alery Delgado on behalf of Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Delgado, Alery)
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Filing 69
TEXT ONLY ORDER GRANTING #68 Motion to Appear Pro Hac Vice. ALERY DELGADO is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on January 8, 2021. (slc)
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Filing 68
MOTION for Attorney Alery Delgado to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2308160) by Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Wilson, David)
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Filing 67
NOTICE of Appearance by Gregory L. Mast on behalf of Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Mast, Gregory)
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Filing 66
TEXT ONLY ORDER granting in part and denying in part #64 Motion for Extension of Time to Answer. Moving Defendants are granted until January 12, 2021 to file responsive pleading so that any motions filed may become ripe before the case management hearing. Signed by Honorable Timothy L. Brooks on December 23, 2020. (elg)
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Filing 65
NOTICE of Appearance by Joshua C. Ashley on behalf of Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Ashley, Joshua)
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Filing 64
MOTION for Extension of Time to File Answer re #1 Complaint, by Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Wilson, David)
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Filing 63
NOTICE of Appearance by David D. Wilson on behalf of Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board. (Wilson, David)
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Filing 62
NOTICE of Appearance by Jerry Vinkler on behalf of All Plaintiffs. (Attachments: #1 Exhibit Notice of Filing)(Vinkler, Jerry) Modified title on 12/23/2020 (src).
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Filing 61
MEMORANDUM BRIEF in Support of #60 Joint MOTION to Compel ArbitrationJoint MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6)Joint MOTION to Stay the Proceedings by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Attachments: #1 Declaration of Kyle Miller, #2 Exhibit A through S)(Ybanez, Keith)
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Filing 60
Joint MOTION to Compel Arbitration, Joint MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), Joint MOTION to Stay the Proceedings by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Ybanez, Keith)
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Filing 59
NOTICE of Appearance by Bradley K Staubus on behalf of All Plaintiffs. (Staubus, Bradley)
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Filing 58
NOTICE of Appearance by Nicholas F Esposito on behalf of All Plaintiffs. (Esposito, Nicholas)
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Filing 57
TEXT ONLY ORDER GRANTING #54 Motion to Appear Pro Hac Vice. JEROME A. VINKLER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on December 11, 2020. (slc)
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Filing 56
TEXT ONLY ORDER GRANTING #53 Motion to Appear Pro Hac Vice. BRADLEY K. STAUBUS is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on December 11, 2020. (slc)
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Filing 55
TEXT ONLY ORDER GRANTING #52 Motion to Appear Pro Hac Vice. NICHOLAS ESPOSITO is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on December 11, 2020. (slc)
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Filing 54
First MOTION for Attorney Jerome A Vinkler to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2290238) by Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo. (Lane, Alan)
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Filing 53
First MOTION for Attorney Bradley K Staubus to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2290232) by Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo. (Lane, Alan)
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Filing 52
First MOTION for Attorney Nicholas Esposito to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2290156) by Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo. (Lane, Alan)
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Filing 51
NOTICE of Appearance by Craig M Derrig on behalf of AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Derrig, Craig)
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Filing 50
NOTICE of Appearance by Keith K Ybanez on behalf of AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Ybanez, Keith)
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Filing 49
NOTICE of Appearance by Alan L. Lane on behalf of All Plaintiffs. (Lane, Alan)
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Filing 48
INITIAL SCHEDULING ORDER: Case Management Hearing set for 2/8/2021 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 1/13/2021. Signed by Honorable Timothy L. Brooks on December 3, 2020. (slc) (slc).
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Filing 47
Magistrate Notice/Consent Form (src)
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Filing 46
Case transferred in from District of Illinois Northern; Case Number 1:20-cv-02713. Docket sheet received.
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TEXT ONLY CLERK'S NOTICE: The following attorneys listed on Case Transferred In - District Transfer #46 are not registered for CM/ECF noticing and filing in the Western District of Arkansas:Nicholas Frank Esposito, Bradley K. Staubus, Jerome A. Vinkler, Craig M Derrig, Keith K. Ybanez,. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (src)
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Filing 45
TRANSFERRED to the Western District of Arkansas the original file certified copy of transfer order, and docket sheet via certified mail number. (jh, ) [Transferred from ilnd on 11/25/2020.]
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Filing 44
MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 11/20/2020.Mailed notice.(jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 43
MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendants' motion to dismiss, stay, or transfer #27 is granted in part as to transfer and otherwise is denied without prejudice to renewal in the transferee court. This suit is transferred to the Western District of Arkansas. The Clerk shall effectuate the transfer forthwith. The status hearing set for 1/7/2021 #42 is stricken. Civil case transferred. Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 42
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 1/7/2021 at 9:00 a.m. Airbnb Defendants' motion to compel arbitration/transfer #27 is taken under advisement. Attorneys/Parties should appear for the 1/7/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 41
REPLY by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. to motion to compel,,, motion to dismiss,,, motion to stay,,, motion to transfer case,, #27 , memorandum in support of motion, #28 (Ybanez, Keith) [Transferred from ilnd on 11/25/2020.]
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Filing 40
MINUTE entry before the Honorable Gary Feinerman:Motion to strike #39 is denied. Although Defendants' asserted failure to satisfy a condition precedent of arbitration may be a ground for opposing their motion to compel arbitration, it is not a proper ground for striking that motion.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 39
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo to strike Pltf Motion to Strike Defendants' Motion to Compel Arbitration and to Dismiss (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration)(Vinkler, Jerome) [Transferred from ilnd on 11/25/2020.]
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Filing 38
RESPONSE by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo to motion to compel,,, motion to dismiss,,, motion to stay,,, motion to transfer case,, #27 PLAINTIFFS' RESPONSE TO DEFENDANTS' AIRBNB, INC., AIRBNB ACTION LLC, AND AIRBNB PAYMENTS, INC.'S JOINT PARTIAL MOTION TO COMPEL ARBITRATION AND DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO FRCP 12(b)(3), AND TO STAY THE PROCEEDINGS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Exhibit)(Vinkler, Jerome) [Transferred from ilnd on 11/25/2020.]
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Filing 37
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #36 is granted. The deadline for Plaintiffs to respond to Defendants' motion #27 is extended to 10/23/2020; Defendants' reply due by 11/6/2020.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 36
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo for extension of time to file response/reply as to motion to compel,,, motion to dismiss,,, motion to stay,,, motion to transfer case,, #27 , memorandum in support of motion, #28 AGREED (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 35
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #34 is granted in part. The deadline for Plaintiffs to respond to Defendants' motion #27 , which previously was extended #32 from 9/1/2020 to 10/1/2020, is extended to 10/19/2020. Defendants' reply shall be filed by 11/2/2020. The status hearing set for 10/20/2020 #32 is stricken and re-set for 11/12/2020 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 34
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo for extension of time to file response/reply as to motion to compel,,, motion to dismiss,,, motion to stay,,, motion to transfer case,, #27 , memorandum in support of motion, #28 (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 33
APPEARANCE of Jerome Vinkler for Pltf by Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo (Vinkler, Jerome) [Transferred from ilnd on 11/25/2020.]
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Filing 32
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #31 is granted. The deadline for Plaintiffs to file their response to Defendants' motion to dismiss #27 is extended to 10/1/2020; Defendants' reply due by 10/15/2020. The status hearing set for 9/22/2020 #29 is stricken and re-set for 10/20/2020 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 31
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo for extension of time to file response/reply as to motion to compel,,, motion to dismiss,,, motion to stay,,, motion to transfer case,, #27 , memorandum in support of motion, #28 AGREED (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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SUMMONS Issued as to Defendants Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board (jn, ) [Transferred from ilnd on 11/25/2020.]
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Filing 30
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. and CORPORATE DISCLOSURE STATEMENT (Derrig, Craig) [Transferred from ilnd on 11/25/2020.]
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Filing 29
MINUTE entry before the Honorable Gary Feinerman:Defendants' motion to compel, to dismiss, to stay and to transfer case #27 is entered and continued. Plaintiffs shall respond to the motion by 9/1/2020; Airbnb Defendants shall reply by 9/16/2020. Plaintiffs may file an oversized response memorandum of no more than 26 pages. The status hearing set for 8/20/2020 #22 is stricken and re-set for 9/22/2020 at 9:30 a.m. Attorneys/Parties should appear for the 9/22/2020 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 28
MEMORANDUM by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. in support of motion to compel,,, motion to dismiss,,, motion to stay,,, motion to transfer case,, #27 (Attachments: #1 Declaration of Kyle Miller, #2 Exhibit A through S)(Derrig, Craig) [Transferred from ilnd on 11/25/2020.]
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Filing 27
MOTION by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. to compel arbitration, MOTION by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. to dismiss plaintiff's complaint pursuant to 12(b)(3), MOTION by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. to stay the proceedings, or, in the alternative, MOTION by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. to transfer case pursuant to 28 U.S.C. 1404(a) (Derrig, Craig) [Transferred from ilnd on 11/25/2020.]
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Filing 26
MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file excess pages #25 is granted. Airbnb Defendants may file an oversized initial memorandum of no more than 26 pages.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 25
MOTION by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. for leave to file excess pages (Derrig, Craig) [Transferred from ilnd on 11/25/2020.]
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Filing 24
ATTORNEY Appearance for Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. by Keith K. Ybanez (Ybanez, Keith) [Transferred from ilnd on 11/25/2020.]
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Filing 23
ATTORNEY Appearance for Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. by Craig M Derrig (Derrig, Craig) [Transferred from ilnd on 11/25/2020.]
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Filing 22
MINUTE entry before the Honorable Gary Feinerman:The order to show cause #6 is discharged without prejudice to any defendant moving to dismiss under Civil Rules 12(b)(2) or (b)(3), to transfer under 28 U.S.C. 1404(a) or 28 U.S.C. 1406(a), or to dismiss for forum non conveniens. The court has substantial doubts that this case should proceed in this District, but will await an appropriate motion (if one is filed) before reaching any conclusions. Because the AIRBNB defendants have until 8/4/2020 and 8/17/2020 to file a responsive pleading #14 #15 #16 , the status hearing set for 7/14/2020 #13 is stricken and re-set for 8/20/2020 at 9:00 a.m. Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 21
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) [Transferred from ilnd on 11/25/2020.]
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Filing 20
MINUTE entry before the Honorable Gary Feinerman:Attorneys/Parties should appear for the status on 7/14/2020 by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 19
MINUTE entry before the Honorable Gary Feinerman:Plaintiffs' motion to alter spacing in part in their forum non conveniens show cause response or in the alternative to refile response in excess of 15 pages #18 is granted. Plaintiff's response #17 is accepted for filing.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 18
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo to Alter Spacing in Part in Their Forum Non Conveniens Show Cause Response or in the Alternative to Refile Response in Excess of 15 Pages (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 17
RESPONSE to Order to Show Cause to set/reset hearings, #6 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Esposito, Nicholas)[Transferred from ilnd on 11/25/2020.]
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Filing 16
WAIVER OF SERVICE returned executed by Benjamin Kutylo, Christian Fresno, Allyson Esposito, Britton Esposito, Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor. AIRBNB Payments, Inc. waiver sent on 6/18/2020, answer due 8/17/2020. (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 15
WAIVER OF SERVICE returned executed by Benjamin Kutylo, Christian Fresno, Allyson Esposito, Britton Esposito, Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor. AIRBNB, Inc. waiver sent on 6/18/2020, answer due 8/17/2020. (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 14
WAIVER OF SERVICE returned executed by Benjamin Kutylo, Christian Fresno, Allyson Esposito, Britton Esposito, Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor. AIRBNB Action, LLC waiver sent on 6/5/2020, answer due 8/4/2020. (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 13
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #12 is granted. The deadline for Plaintiff to comply with the 5/6/2020 order #6 is extended to 7/3/2020. The status hearing set for 6/30/2020 #11 is stricken and re-set for 7/14/2020 at 9:30 a.m.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 12
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo for extension of time to file PLAINTIFFS' SECOND MOTION TO EXTEND THEIR FORUM NON CONVENIENS SHOW CAUSE RESPONSE (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 11
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to file #10 is granted. The deadline for Plaintiffs to comply with the 5/6/2020 order is extended to 6/23/2020. The status hearing set for set for 6/11/2020 #6 is stricken and re-set for 6/30/2020 at 9:30 a.m. The parties shall call the Toll-Free Number: (877) 336-1828, Access Code: 4082461 for the status hearing on 6/30/2020. Please, please be sure to keep your phone on mute when you are not speaking.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 10
MOTION by Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo for extension of time to file FORUM NON CONVENIENS SHOW CAUSE RESPONSE (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 9
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, ) [Transferred from ilnd on 11/25/2020.]
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Filing 8
STATUS Report by Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 7
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (rc, ) [Transferred from ilnd on 11/25/2020.]
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Filing 6
MINUTE entry before the Honorable Gary Feinerman:Plaintiffs are ordered to show cause by 6/2/2020 why this case should not be: (i) transferred to the Western District of Arkansas pursuant to 28 U.S.C. 1404(a); (ii) transferred to the Western District of Arkansas pursuant to 28 U.S.C. 1406(a); or (iii) dismissed for forum non conveniens. Status hearing set for 6/11/2020 at 9:00 a.m.Mailed notice. (jlj, ) [Transferred from ilnd on 11/25/2020.]
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Filing 4
ATTORNEY Appearance for Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo by Bradley K. Staubus (Staubus, Bradley) [Transferred from ilnd on 11/25/2020.]
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Filing 3
ATTORNEY Appearance for Plaintiffs Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, Benjamin Kutylo by Nicholas Frank Esposito (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 2
CIVIL Cover Sheet (Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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Filing 1
COMPLAINT filed by Benjamin Kutylo, Christian Fresno, Allyson Esposito, Britton Esposito, Allyson Esposito, as Mother and Next Friend of Janie Doe, a Minor; Jury Demand. Filing fee $ 400, receipt number 0752-16988666.(Esposito, Nicholas) [Transferred from ilnd on 11/25/2020.]
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CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (acm, ) [Transferred from ilnd on 11/25/2020.]
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Filing 5
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020 (rc, ) [Transferred from ilnd on 11/25/2020.]
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