Kan v. Marriott International, Inc. et al
| Andrei Kan |
| Marriott International, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC a Delaware Corporation doing business as Denver West Marriott Hotel, Inc. and Host Hotel & Resorts, Inc. |
| 1:2024cv00577 |
| February 29, 2024 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Susan Prose |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 29 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Susan Prose on 4/22/2024. Amended Proposed Scheduling Order due for filing and emailing in Word format to Chambers (Prose_Chambers@cod.uscourts.gov) by 5/28/2024. FTR: C205. (trvo, ) |
Filing 28
ORDER by Chief Judge Philip A. Brimmer on 4/22/24 re: #27 Defendants' Unopposed Motion for Extension of Time to File a Reply in Support of Defendants' Partial Motion to Dismiss is GRANTED. Defendants may file a reply on or before May 28, 2024. Text Only Entry(pabsec, )
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 Partial MOTION to Dismiss Plaintiff's Second Claim for Relief by Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Stubbs, Levi) |
| Filing 26 Proposed Scheduling Order by Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc.. (Stubbs, Levi) |
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Filing 25
PROTECTIVE ORDER by Magistrate Judge Susan Prose on 4/15/2024, granting #23 Unopposed Motion for Protective Order with modifications noted.(sbplc1)
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Filing 24
MEMORANDUM regarding #23 Unopposed MOTION for Protective Order filed by Marriott Hotel Services, LLC, Marriott Hotel Services, Inc., Marriott International, Inc., Host Hotel & Resorts, Inc. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 4/12/2024. Text Only Entry (pabsec, )
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| Filing 23 Unopposed MOTION for Protective Order by Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc.. (Attachments: #1 Proposed Order (PDF Only) Order Granting Unopposed Motion for Stipulated Protective Order)(Stubbs, Levi) |
| Filing 22 RESPONSE to #18 Partial MOTION to Dismiss Plaintiff's Second Claim for Relief filed by Plaintiff Andrei Kan. (Attachments: #1 Exhibit 1 - DB v. Griffith, #2 Exhibit 2 - Cereceres v. Walgreen, #3 Exhibit 3 - Moss v. Leoza, #4 Exhibit 4 - Bell v. Walgreen, #5 Exhibit 5 - Meyer v. Country)(Steele, Eric) |
| Filing 21 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #20 Consent to Jurisdiction of Magistrate Judge filed by attorneys Levi G. Stubbs, Eric Scott Steele. Attorneys or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, address signature to all future documents.(Text Only Entry) (dgumb, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc. All parties do not consent.. (Stubbs, Levi) |
| Filing 19 Partial ANSWER to #5 Complaint by Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc..(Stubbs, Levi) |
| Filing 18 Partial MOTION to Dismiss Plaintiff's Second Claim for Relief by Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Envelope C)(Stubbs, Levi) |
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Filing 17
MINUTE ORDER by Magistrate Judge Susan Prose on 3/12/2024, GRANTING the #15 Motion for Extension of Time. Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, and Marriott International, Inc. shall answer or otherwise respond to the #5 Complaint on or before 3/21/2024. Text Only Entry (sbplc3)
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| Filing 16 MEMORANDUM regarding #15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by Marriott Hotel Services, LLC, Marriott Hotel Services, Inc., Marriott International, Inc., Host Hotel & Resorts, Inc. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 3/12/2024. Text Only Entry (pabsec, ) |
| Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Stubbs, Levi) |
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Filing 14
ORDER SETTING CONSENT DEADLINE AND SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 3/11/2024. Consent Form due by 4/8/2024. Proposed Scheduling Order due 4/15/2024. Telephonic Scheduling Conference set for 4/22/2024, at 11:00 AM MDT in Courtroom C205 before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. (trvo, )
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Susan Prose for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 3/05/2024. Text Only Entry (pabsec, )
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| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Marriott International, Inc. for Marriott Hotel Services, LLC. (Stubbs, Levi) |
| Filing 11 NOTICE of Entry of Appearance by Levi Gregory Stubbs on behalf of Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc.Attorney Levi Gregory Stubbs added to party Host Hotel & Resorts, Inc.(pty:dft), Attorney Levi Gregory Stubbs added to party Marriott Hotel Services, Inc.(pty:dft), Attorney Levi Gregory Stubbs added to party Marriott Hotel Services, LLC(pty:dft), Attorney Levi Gregory Stubbs added to party Marriott International, Inc.(pty:dft) (Stubbs, Levi) |
| Filing 10 STATEMENT OF CITIZENSHIP PURSUANT TO RULE 7.1 by Plaintiff Andrei Kan. (Steele, Eric) |
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Filing 9
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/1/2024. The notice of removal asserts that defendant Marriott Hotel Services, LLC, is "a wholly owned indirect subsidiary of Defendant Marriott International, Inc." Docket No. #1 at 3, 5. However, the citizenship of a limited liability company is determined by the citizenship of all of its members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) ("I]n determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities members."). Based on defendants' representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 1, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2). On or before March 7, 2024, defendant Marriott Hotel Services, LLC shall file a disclosure statement in accordance with Rule 7.1 identifying the citizenship of its members at the time of removal. On or before March 7, 2024, plaintiff Andrei Kan shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 7 STATE COURT ORDER Granting (Proposed) Order re: Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint by Defendants Marriott International, Inc., Marriott Hotel Services, Inc.,Marriott Hotel Services, LLC, and Host Hotel & Resorts, Inc. By District Court Judge, Jefferson County, on 02/20/2024. (tgall, ) |
| Filing 6 AFFIDAVIT(s) of Service of Summons, Complaint, and Civil Cover Sheet upon Host Hotel & Resorts, Inc.,Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc., on 02/01/2024. (tgall, ) |
| Filing 5 COMPLAINT against Host Hotel & Resorts, Inc., Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, Marriott International, Inc., filed by Andrei Kan.(tgall, ) |
| Filing 4 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. Text Only Entry. (tgall, ) |
| Filing 3 NOTICE of Entry of Appearance by Eric Scott Steele on behalf of Andrei KanAttorney Eric Scott Steele added to party Andrei Kan(pty:pla) (Steele, Eric) |
| Filing 2 NOTICE of Entry of Appearance by Thomas J. Arckey on behalf of Andrei KanAttorney Thomas J. Arckey added to party Andrei Kan(pty:pla) (Arckey, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Marriott International, Inc. Marriott Hotel Services, Inc., Marriott Hotel Services, LLC, and Host Hotel & Resorts, Inc. from Jefferson County District Court, Case Number 2024CV30117. (Filing fee $ 405, Receipt Number ACODC-9565871), filed by Marriott International, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M)(Williamson, Karin) |
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