Esposito et al v. AIRBNB Action, LLC et al
| Allyson Esposito, Britton Esposito, Christian Fresno and Benjamin Kutylo |
| AIRBNB Action, LLC, AIRBNB Payments, Inc. and AIRBNB, Inc. |
| 5:2023cv05039 |
| March 13, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 TEXT ONLY ORDER GRANTING #45 Motion to Appear Pro Hac Vice. JEROME VINKLER 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 May 8, 2023. (slc) |
| Filing 45 MOTION for Attorney Jerome Vinkler to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2773097) by Allyson Esposito, Allyson Esposito(Mother and Guardian Ad Litem of Janie Doe, a Minor), Britton Esposito, Christian Fresno, Benjamin Kutylo. (Attachments: #1 Exhibit A-Certificate of Good Standing)(McNabb, Jeremy) |
| Filing 44 INITIAL SCHEDULING ORDER: Case Management Hearing set for 6/29/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 6/16/2023. Signed by Honorable Timothy L. Brooks on May 8, 2023. (slc) |
| Filing 43 NOTICE by Allyson Esposito, Allyson Esposito(Mother and Guardian Ad Litem of Janie Doe, a Minor), Britton Esposito, Christian Fresno, Benjamin Kutylo Notice of Withdrawal of Plaintiffs' Counsel Elise Sanguinetti and Jamie Goldstein (Esposito, Nicholas) |
| Filing 42 STATEMENT OF FACTS in support of #40 MOTION to Dismiss Declaration of Craig M. Derrig in Support of Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., and AIRBNB, Inc.'s Motion to Dismiss by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Attachments: #1 Exhibit 1)(Derrig, Craig) |
| Filing 41 MEMORANDUM BRIEF in Support of #40 MOTION to Dismiss by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Derrig, Craig) |
| Filing 40 MOTION to Dismiss by AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Derrig, Craig) |
| Filing 39 NOTICE of Appearance by Bradley K Staubus on behalf of All Plaintiffs. (Staubus, Bradley) |
| Filing 38 NOTICE of Appearance by Nicholas F Esposito on behalf of All Plaintiffs. (Esposito, Nicholas) |
| Filing 37 TEXT ONLY ORDER GRANTING #35 Motion to Appear Pro Hac Vice. NICHOLAS F. ESPOSITO 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 May 3, 2023. (slc) |
| Filing 36 TEXT ONLY ORDER GRANTING #34 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/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 3, 2023. (slc) |
| Filing 35 MOTION for Attorney Nicholas F. Esposito to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2771069) by Allyson Esposito, Allyson Esposito(Mother and Guardian Ad Litem of Janie Doe, a Minor), Britton Esposito, Christian Fresno, Benjamin Kutylo. (Attachments: #1 Exhibit A-Certificate of Good Standing)(McNabb, Jeremy) |
| Filing 34 MOTION for Attorney Bradley K. Staubus to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2771051) by Allyson Esposito, Allyson Esposito(Mother and Guardian Ad Litem of Janie Doe, a Minor), Britton Esposito, Christian Fresno, Benjamin Kutylo. (Attachments: #1 Exhibit A-Certificate of Good Standing)(McNabb, Jeremy) |
| Filing 33 TEXT ORDER DIRECTING that Defendants file an answer or other responsive pleading by no later than Thursday, May 4, 2023. Signed by Honorable Timothy L. Brooks on April 27, 2023. (ee) |
| Filing 31 NOTICE of Appearance by Jeremy M. McNabb on behalf of All Plaintiffs. (McNabb, Jeremy) |
| Set Deadlines: AIRBNB Action, LLC answer due 5/4/2023; AIRBNB Payments, Inc. answer due 5/4/2023; AIRBNB, Inc. answer due 5/4/2023. (bjb) |
| Filing 30 TEXT ONLY ORDER advising Plaintiffs' counsel that it has been more than a month since the Clerk issued a text order noting that at least one attorney must either register for CM/ECF filing status as an attorney admitted to practice in this district OR file an appropriate motion for pro hac vice admission. As of today's date, no attorney for the Plaintiffs has appropriately entered his or her appearance in this case. Plaintiffs are directed to have at least one attorney enter his or her appearance or file an appropriate petition for pro hac vice admission by no later than April 27, 2023. If Plaintiffs remain unrepresented after the deadline, the Court intends to issue an order to show cause as to why this case should not be dismissed, sua sponte, under Federal Rule of Civil Procedure 41(e) for failure to prosecute or failure to obey a court order. Signed by Honorable Timothy L. Brooks on April 20, 2023. (ee) |
| Filing 29 NOTICE of Appearance by Craig M Derrig on behalf of AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc.. (Derrig, Craig) |
| Filing 28 Magistrate Notice/Consent Form (src) |
| TEXT ONLY CLERK'S NOTICE: The following attorney(s) listed on the Docket are not registered for CM/ECF filing in the Western District of Arkansas:Elise Sanguinetti, Jamie Greer Goldstein, Jerry Vinkler, Nicholas F Esposito, Damali Taylor, and Dawn Sestito. 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) |
| Filing 27 Case electronically transferred to the Western District of Arkansas (slh, COURTSTAFF) (Filed on 3/13/2023) (src) |
Filing 26
Order by Judge Vince Chhabria granting 11 Motion to Transfer Case to theWestern District of Arkansas. (vclc3, COURT STAFF) (Filed on 3/10/2023) (src)
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| Filing 25 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearingheld via Zoom on 3/9/2023 re 11 MOTION to Transfer Case filed by Airbnb Action, LLC, Airbnb Payments, Inc., Airbnb, Inc. The Court heard oral argument and took the matter under submission. A written ruling will be issued. Total Time in Court: 19 minutes. Court Reporter: Hearing recorded via Zoom: 10:10 - 10:29. Plaintiff Attorney: Jamie Goldstein and Jerry Vinkler. Defendant Attorney: Dawn Sestito. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 3/9/2023) (Entered:03/09/2023) (src) |
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Filing 24
ORDER by Judge Vince Chhabria denying #19 #20 #21 #22 motions for pro hac vice as moot in light of the #16 order granting pro hac vice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc3,COURT STAFF) (Filed on 3/9/2023) (src)
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Filing 23
Order by Judge Vince Chhabria granting 17 Motion for Pro Hac Vice -Esposito.(knm, COURT STAFF) (Filed on 3/9/2023) (src)
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| Filing 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number100184355.) Filing fee previously paid on 12/14/2022 filed by Benjamin Kutylo.(Vinkler, Jerry) (Filed on 3/9/2023) (src) |
| Filing 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number100184355.) Filing fee previously paid on 12/14/2022 filed by Christian Fresno.(Vinkler, Jerry) (Filed on 3/9/2023) (src) |
| Filing 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number100184355.) Filing fee previously paid on 12/14/2022 filed by Britton Esposito.(Vinkler, Jerry) (Filed on 3/9/2023) (src) |
| Filing 19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number100184355.) Filing fee previously paid on 12/14/2022 filed by Allyson Esposito.(Vinkler, Jerry) (Filed on 3/9/2023) (src) |
| Filing 18 OPPOSITION/RESPONSE (re #11 MOTION to Transfer Case ) Plaintiffs Response toMotion filed byAllyson Esposito as Mother and Guardian Ad Litem of Janie Doe, aMinor. (Attachments: #1 Declaration of Assal Badrkhani,, #2 Declaration of Elise Sanguinetti, #3 Declaration of Jamie Goldstein, #4 Exhibit A to Declaration of Jamie Goldstein) (Goldstein, Jamie)(src) |
| Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt numberACANDC-18049549.) filed by Allyson Esposito as Mother and Guardian Ad Litem ofJanie Doe, a Minor, Allyson Esposito, Britton Esposito, Christian Fresno, BenjaminKutylo. (Esposito, Nicholas) (Filed on 3/7/2023) (src) |
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Filing 16
Order by Judge Vince Chhabria granting #15 Motion for Pro Hac Vice -Vinkler.(knm, COURT STAFF) (Filed on 3/6/2023) (src)
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| Filing 15 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number100184355) (Filing fee previously paid on 12/14/2022) filed by Allyson Esposito asMother and Guardian Ad Litem of Janie Doe, a Minor. (Vinkler, Jerry). (src) |
| Filing 14 CLERK'S NOTICE REQUIRING ADVANCE REGISTRATION OF COUNSEL ANDPROVIDING ZOOM ACCESS FOR MOTION HEARING ON 3/9/2023, RE 11 MOTION to Transfer Case.Motion Hearing set for 3/9/2023, 10:00 AM, via Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access thewebinar information at https://www.cand.uscourts.gov/vcCourt Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argumentat the hearing. A list of names and emails must be sent to the CRD atvccrd@cand.uscourts.gov no later than Monday, March 6, 2023, by 10 a.m.General Order 58. Persons granted access to court proceedings held by telephone orvideoconference are reminded that photographing, recording, and rebroadcasting ofcourt proceedings, including screenshots or other visual copying of a hearing, isabsolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.(This is a text-only entry generated by the court. There is no document associated withthis entry.)(knm, COURT STAFF) (Filed on 3/2/2023)(src) |
| Filing 13 DEFENDANT AIRBNB, INC.'S NOTICE OF NON-OPPOSITION BY PLAINTIFFS TOre 11 AIRBNB, INC.'S MOTION TO TRANSFER filed by Airbnb Action, LLC, AirbnbPayments, Inc., Airbnb, Inc.. (Taylor, Damali) (Filed on 2/24/2023) (src) |
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Filing 12
ORDER. In light of technical problems with ECF, it is possible that the plaintiffsdid not receive notice of the motion to transfer. Their deadline to file an opposition(or statement of non-opposition) is reset to 2/17. The reply deadline is reset to 2/24.Signed by Judge Vince Chhabria on 2/10/2023. (This is a text-only entry generatedby the court. There is no document associated with this entry.) (vclc3, COURTSTAFF) (Filed on 2/10/2023). (src)
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| Filing 11 MOTION to Transfer Case ; Memorandum of Points and Authorities in Support Thereoffiled by Airbnb Action, LLC, Airbnb Payments, Inc., Airbnb, Inc.. Motion Hearing setfor 3/9/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge VinceChhabria. Responses due by 2/1/2023. Replies due by 2/8/2023. (Attachments: #1 Declaration of Damali A. Taylor,, #2 Exhibit 1 - Order Denying Motion to Extent Time to File Amended Complaint, #3 Exhibit 2 - Order Transferring to Arkansas, #4 Exhibit 3 - Amended Complaint, #5 Proposed Order) (Taylor, Damali) (Filed on 1/18/2023)(src) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria forall further proceedings. Magistrate Judge Joseph C. Spero no longer assigned tocase, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by Clerk on 01/17/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 1/17/2023) (src)
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICTCOURT JUDGE: The Clerk of this Court will now randomly reassign this case to aDistrict Judge because either (1) a party has not consented to the jurisdiction of aMagistrate Judge, or (2) time is of the essence in deciding a pending judicial action forwhich the necessary consents to Magistrate Judge jurisdiction have not been secured.You will be informed by separate notice of the district judge to whom this case isreassigned.ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENTMAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FORHEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED.This is a text only docket entry; there is no document associated with this notice. (klh,COURT STAFF) (Filed on 1/17/2023)(src) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AllysonEsposito as Mother and Guardian Ad Litem of Janie Doe, a Minor.. (Sanguinetti, Elise)(Filed on 1/17/2023) (src) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AirbnbAction, LLC, Airbnb Payments, Inc., Airbnb, Inc... (Attachments: #1 Certificate of Service)(Filed on 12/21/2022)(src) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: CaseManagement Statement due by 3/3/2023. Initial Case Management Conference setfor 3/10/2023 at 02:00 PM in San Francisco, Courtroom F, 15th Floor. (slh,COURT STAFF) (Filed on 12/9/2022) (src) |
| Filing 5 Case assigned to Magistrate Judge Joseph C. Spero.Counsel for plaintiff or the removing party is responsible for serving the Complaint orNotice of Removal, Summons and the assigned judge's standing orders and all othernew case documents upon the opposing parties. For information, visit E-Filing A NewCivil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page atwww.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returnedelectronically. A scheduling order will be sent by Notice of Electronic Filing (NEF)within two business days. Consent/Declination due by 12/22/2022. (ark, COURTSTAFF) (Filed on 12/8/2022) (src) |
| Filing 4 CERTIFICATE OF SERVICE by Airbnb Action, LLC, Airbnb Payments, Inc., Airbnb,Inc. re #3 Notice of Appearance, #2 Corporate Disclosure Statement, #1 Notice of Removal, (Taylor, Damali) (Filed on 12/8/2022) (src) |
| Filing 3 NOTICE of Appearance by Dawn Sestito on Behalf of Airbnb Action, LLC, AirbnbPayments, Inc., Airbnb, Inc. (Sestito, Dawn) (Filed on 12/7/2022) (src) |
| Filing 2 Certificate of Interested Entities by Airbnb Action, LLC, Airbnb Payments, Inc.,Airbnb, Inc. identifying Corporate Parent No Corp. Parent for Airbnb, Inc.. (Taylor,Damali) (Filed on 12/7/2022) (src) |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number isT-22-877. (Filing fee $402 receipt number ACANDC-17795621). Filed by Airbnb Action, LLC, Airbnb Payments, Inc., Airbnb, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit Civil Cover Sheet, #3 Declaration of Darien Shepherd) (Filed on12/7/2022) (src) |
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