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 |
| 6:2020cv06143 |
| December 4, 2020 |
| US District Court for the Western District of Arkansas |
| Susan O Hickey |
| P.I.: Other |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| NOTICE TO ALL PARTIES: THIS CASE WAS OPENED IN ERROR DURING TRANSFER PROCESS. ALL PLEADINGS SHOULD BE DOCKETED IN CASE NUMBER 5:20CV5204.(6:20CV6143 CLOSED FOR DOCKET MANAGEMENT)(lw) |
| Filing 47 Magistrate Notice/Consent Form. (lw) |
| Filing 46 Case transferred in from District of Arkansas Eastern; Case Number 1:20-cv02713-. Docket sheet received. |
| 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 ared on 12/4/2020.] |
| Filing 44 MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 11/20/2020.Mailed notice.(jlj, ) [Transferred from ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| SUMMONS Issued as to Defendants Matias Jose Fernandez, Lindsay Olson, Puerto Panel Farm Club Property Association and Association Board (jn, ) [Transferred from ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| Filing 25 MOTION by Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. for leave to file excess pages (Derrig, Craig) [Transferred from ared on 12/4/2020.] |
| Filing 24 ATTORNEY Appearance for Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. by Keith K. Ybanez (Ybanez, Keith) [Transferred from ared on 12/4/2020.] |
| Filing 23 ATTORNEY Appearance for Defendants AIRBNB Action, LLC, AIRBNB Payments, Inc., AIRBNB, Inc. by Craig M Derrig (Derrig, Craig) [Transferred from ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
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 ared on 12/4/2020.]
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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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
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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 ared on 12/4/2020.]
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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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| Filing 2 CIVIL Cover Sheet (Esposito, Nicholas) [Transferred from ared on 12/4/2020.] |
| 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 ared on 12/4/2020.] |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (acm, ) [Transferred from ared on 12/4/2020.] |
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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 ared on 12/4/2020.]
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