Holt v. Noble House Hotels & Resort, LTD et al
| Kathleen Holt |
| Noble House Hotels & Resort, LTD and DOES 1 to 25 |
| 3:2017cv02246 |
| November 3, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Michael M. Anello |
| Barbara Lynn Major |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
87
CLERK'S JUDGMENT. The Court finds that there is no genuine dispute as to any material fact and that Noble House is entitled to judgment as a matter of law as to all of Plaintiff's claims. As such, the Court denies Plaintiff's motion for partial summary judgment [Doc. No. 69] and grants Noble House's motion for summary judgment [Doc. No. 75].(rmc)
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Filing
66
ORDER Granting 64 Unopposed Motion for Judgment on the Pleadings. In light of Noble House's statement of non-opposition, the Court grants Plaintiff's unopposed motion for judgment on the pleadings [Doc. No. 64], and dismisses with prejudice Defendant's fifth, eighth, ninth, sixteenth, and twenty-first affirmative defenses. Signed by Judge Michael M. Anello on 12/11/2018. (rmc)
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Filing
63
ORDER Granting 46 Motion for Class Certification. The Court grants Plaintiff's motion for class certification. The Court certifies Plaintiff's classes as follows: Rule 23(b)(2) Class: All persons who were charged a surcharge on th eir bill, between 2/1/2017 and the present, at a restaurant in California managed by Defendant. Rule 23(b)(3) Class: All residents of California who were charged a surcharge on their bill at one or more of the following three Hilton San Diego Resort and Spa restaurants: (1) Acqua California Bistro, (2) Olive Bar, or (3) Fresco's, between 2/1/2017 and 9/20/2017, where payment was processed by credit card. The Court appoints Plaintiff Kathleen Holt as Class Representative. Additionally, the Court appoints Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group, APC as Class Counsel. Signed by Judge Michael M. Anello on 10/16/2018. (rmc)
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Filing
59
ORDER Granting 57 Plaintiff's Ex Parte Application to File Document Under Seal in Support of Reply to Motion for Class Certification Pursuant to Fed. R. Civ. P. 23(b)(2) and 23(b)(3). The Clerk of Court is instructed to seal docket entry 58. Signed by Judge Michael M. Anello on 10/3/2018. (rmc)
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Filing
36
ORDER Denying 31 Defendant's Motion to Stay; and Denying as Moot 32 Defendant's Ex Parte Application for Order Shortening Time for Hearing. The Court denies Noble House's motion to stay pending resolution of the two test cases in state court. In light of the timing of Plaintiff's opposition and this Order, the Court denies as moot Noble House's ex parte application for an order shortening time. Signed by Judge Michael M. Anello on 4/30/2018. (rmc)
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Filing
26
ORDER Granting 20 Plaintiff's Motion to Dismiss and Strike Defendant's Counterclaim. The Court grants Plaintiff's motion and dismisses with prejudice Noble House's counterclaim for attorneys' fees. The Clerk of Court is instructed to terminate the action as to Counter Claimant Noble House Hotels & Resort, LTD and Counter Defendant Kathleen Holt. Signed by Judge Michael M. Anello on 3/28/2018. (rmc)
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Filing
14
ORDER Denying 8 Plaintiff's Motion to Remand; and Denying 6 Defendant's Motion to Dismiss. The Court denies Plaintiff's motion to remand and request for fees and costs and denies Defendant Noble House's motion to dismiss. Signed by Judge Michael M. Anello on 1/23/2018. (rmc)
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