A.D. v. Corepoint Lodging, Inc. et al
Plaintiff: A. D.
Defendant: Corepoint Lodging, Inc., CPLG WELLESLEY PROPERTIES, LLC, CPLG FL PROPERTIES, LLC, La Quinta Holdings, Inc., LQ MANAGEMENT L.L.C., La Quinta Franchising LLC, Wyndham Hotels & Resorts, Inc., QUORUM HOTELS & RESORTS, LTD., Choice Hotels International, Inc., R&M REAL ESTATE COMPANY, INC., TAMPA BAY HOTELS, LLC, Robert Vocisano, Mario Vocisano, Best Western International, Inc., Apex Hospitality, LLLP, BONITA SPRINGS HOTEL 1, LLC, Marriott International, Inc., CHMB FLORIDA HOTEL MANAGER, LLC, CHM NAPLES II HOTEL PARTNERS, INC., Holistic Health Healing, Inc., LQ Management L.L.C, Cavalier Mergersub LP, BRE, LQ FL Properties and Bonita Springs Hotel, LLC
Case Number: 2:2022cv00095
Filed: February 11, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Nicholas P Mizell
Referring Judge: John E Steele
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2023 Opinion or Order Filing 185 ORDER directing administrative closure for a period of 60 days. The Clerk shall terminate all pending motions and deadlines in light of the administrative closure. Signed by Judge John E. Steele on 5/17/2023. (RKR)
May 16, 2023 Opinion or Order Filing 184 NOTICE by A. D. OF RESOLUTION (Wood, Hilary)
May 2, 2023 Opinion or Order Filing 183 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 2/28/2024, Plaintiff disclosure of expert report due by 11/1/2023, Defendant disclosure of expert report due by 12/1/2023 Final Pretrial Conference set for 7/29/2024 at 09:30 AM before Judge John E. Steele Jury Trial term 8/5/2024 at 09:00 AM before Judge John E. Steele, Conduct mediation hearing by 2/7/2024. Lead counsel to coordinate dates. Signed by Judge John E. Steele on 5/1/2023. (WRW)
May 1, 2023 Opinion or Order Filing 182 TEXT ORDER: It has come to the court's attention that unresolved issues about ESI discovery may be hampering progress in this action. By May 22, 2023, plaintiff must notify the court whether the parties have finalized their ESI protocol. If they have not finalized the protocol by that date, the court will set a hearing on the matter. Signed by Magistrate Judge Nicholas P. Mizell on 5/1/2023. (BB)
April 27, 2023 Opinion or Order Filing 181 Joint MOTION to Modify #170 Case Management Scheduling Order by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
April 7, 2023 Opinion or Order Filing 180 ORDER granting #179 motion for special admission of attorney Rappaport. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 4/7/2023. (JMM)
April 6, 2023 Opinion or Order Filing 179 Unopposed MOTION for Nancy Shane Rappaport to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20697358 for $150 by CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell.
March 30, 2023 Opinion or Order Filing 178 PROTECTIVE ORDER: This order supersedes the court's prior protective order. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/30/2023. (Attachments: #1 Acknowledgment and Agreement to be Bound)(BB)
March 30, 2023 Opinion or Order Filing 177 ENDORSED ORDER granting in part #176 joint motion for a protective order. The court does not adopt section IX(2) proposed by the parties. The court will enter the protective order separately. Signed by Magistrate Judge Nicholas P. Mizell on 3/30/2023. (BB) Modified on 3/30/2023 (BB).
March 29, 2023 Opinion or Order Filing 176 Joint MOTION for Protective Order by A. D. (Attachments: #1 Exhibit Protective Order)(Paulos, Emmie) Motions referred to Magistrate Judge Nicholas P. Mizell.
March 2, 2023 Opinion or Order Filing 174 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 3/2/2023. (WRW)
February 22, 2023 Opinion or Order Filing 173 ORDER granting #172 plaintiff A.D.'s unopposed motion for a protective order. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/22/2023. (Attachments: #1 Acknowledgment and Agreement to be Bound) (BB)
February 12, 2023 Opinion or Order Filing 172 Unopposed MOTION for Protective Order by A. D. (Attachments: #1 Text of Proposed Order)(Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
February 7, 2023 Opinion or Order Filing 171 NOTICE of hearing: Status Conference set for 3/2/2023 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell (WRW)
January 19, 2023 Opinion or Order Filing 170 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 8/28/2023 Plaintiff disclosure of expert report due by 5/1/2023 Defendant disclosure of expert report due by 6/1/2023 Final Pretrial Conference set for 1/8/2024 at 09:30 AM before Judge John E. Steele Jury Trial term 2/5/2024 at 09:00 AM before Judge John E. Steele Conduct mediation hearing by 8/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 1/19/2023. (WRW)
January 18, 2023 Opinion or Order Filing 169 ORDER granting in part and denying in part #168 the parties' joint motion to amend the scheduling order. The court will deny any future motion to amend a scheduling order that fails to cite, apply, and fully satisfy the applicable rules. The court will enter an amended scheduling order separately. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/18/2023. (BB)
January 13, 2023 Opinion or Order Filing 168 Joint MOTION for Miscellaneous Relief, specifically Amend Case Schedule by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
November 14, 2022 Opinion or Order Filing 167 ANSWER and affirmative defenses to #160 Second Amended Complaint, by CPLG Wellesley Properties, LLC, Cavalier Mergersub LP. (Phillips, J.) Modified text on 11/15/2022 (SEH).
November 14, 2022 Opinion or Order Filing 166 ANSWER and affirmative defenses to #160 Second Amended Complaint, by LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Modified text on 11/15/2022 (SEH).
November 4, 2022 Opinion or Order Filing 165 Joint NOTICE OF SELECTION of Mediator by A. D. (Avila, Kathryn) Modified on text 11/7/2022 (SEH).
October 21, 2022 Opinion or Order Filing 164 ENDORSED ORDER denying as moot #161 motion for more time to respond. See 163 order setting response deadline. Signed by Magistrate Judge Nicholas P. Mizell on 10/21/2022. (BB)
October 21, 2022 Opinion or Order Filing 163 TEXT ORDER: By November 14, 2022, defendants must respond to the operative complaints in their respective severed actions. (Case Nos: 2:22-cv-00095-JES-NPM A.D. v. Corepoint Lodging; 2:22-cv-00641-JES-NPM A.D. v. Holistic Health Healing; 2:22-cv-00643-JES-NPM A.D. v. Wyndham Hotels & Resorts; 2:22-cv-00644-JES-NPM A.D. v. Marriott International; 2:22-cv-00645-JES-NPM A.D. v. Marriott International; 2:22-cv-00646-JES-NPM A.D. v. Choice Hotels International; 2:22-cv-00647-JES-NPM A.D. v. Choice Hotels International; 2:22-cv-00648-JES-NPM A.D. v. Choice Hotels International; 2:22-cv-00649-JES-NPM A.D. v. Cavalier Mergersub LP; 2:22-cv-00650-JES-NPM A.D. v. Best Western International; 2:22-cv-00651-JES-NPM A.D. v. Best Western International; 2:22-cv-00652-JES-NPM A.D. v. Best Western International). Signed by Magistrate Judge Nicholas P. Mizell on 10/21/2022. (BB)
October 21, 2022 Opinion or Order Filing 162 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/4/2022, Discovery due by 4/28/2023, Dispositive motions due by 5/26/2023, Pretrial statement due by 10/13/2023, Plaintiff disclosure of expert report due by 2/1/2023 Defendant disclosure of expert report due by 3/1/2023, Final Pretrial Conference set for 10/27/2023 at 09:30 AM before Judge John E. Steele, Jury Trial term 11/1/2023 before Judge John E. Steele Conduct mediation hearing by 5/5/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 10/20/2022. (WRW)
October 19, 2022 Opinion or Order Filing 161 Unopposed MOTION for Enlargement of Time to Respond to Second Amended Complaint by CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 10/20/2022 (SEH).
October 11, 2022 Opinion or Order Filing 160 AMENDED COMPLAINT against CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. with Jury Demand. filed by A. D..(Avila, Kathryn)
September 20, 2022 Opinion or Order Filing 159 OPINION and ORDER granting #35 Plaintiff A.D.'s Motion To Proceed In Pseudonym (as to Pretrial Public Filings). Signed by Judge John E. Steele on 9/20/2022. (TLP)
September 20, 2022 Opinion or Order Filing 158 OPINION and ORDER granting #31 Apex Hospitality, LLLP's Motion to Dismiss; granting #49 CHMB Florida Hotel Manager, LLC and CHM Naples II Hotel Partners Inc.'s Motion to Dismiss; granting #51Bonita Springs Hotel 1, LLC F/K/A Bonita Springs Hotel, LLC's Motion to Dismiss; granting #52 Holistic Health Healing, Inc.'s Motion to Dismiss; granting #58 Marriot International, Inc.'s Motion to Dismiss for Failure to State a Claim; granting #66 Best Western International, Inc.'s Motion to Dismiss; granting #73 R&M Real Estate Company, Inc., Robert Vocisano and Mario Vocisano's Motion to Dismiss; granting #87 Wyndham Hotels & Resorts, Inc., LaQuinta Holdings, Inc., LQ Management L.L.C., La Quinta Franchising LLC, Cavalier Mergersub LP, CPLG Wellesley Properties, and CPLS FL Properties, LLC's Motion to Dismiss; granting #108 Tampa Bay Hotels, LLC's Motion to Dismiss; denying as moot #12 Quorum Hotels & Resorts, LTD's Motion to Dismiss. Signed by Judge John E. Steele on 9/20/2022. (TLP)
September 20, 2022 Opinion or Order Filing 157 OPINION and ORDER granting in part #39 defendant Choice Hotels International, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint, or In The Alternative, To Sever and Strike and Memorandum In Support. See ORDER for further details. Signed by Judge John E. Steele on 9/20/2022. (TLP)
September 13, 2022 Opinion or Order Filing 156 ENDORSED ORDER granting #140, #141, #142, #143, #144, #145, #151, #153, #154,#155 motions and construed motions for joinder. In the court's August 11 order, the parties were directed to avoid duplicative filings and to present information jointly whenever feasible. The court did not intend to inspire duplicative motions for joinder. The parties are again directed to avoid duplicative filings and present information in a single paper whenever feasible--by filing notices or motions jointly, not filing multiple notices or motions for joinder. Signed by Magistrate Judge Nicholas P. Mizell on 9/13/2022. (BB)
September 12, 2022 Opinion or Order Filing 155 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. (Torrez, Christyna) Modified as to text on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 154 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano (Torrez, Christyna) Modified as to text and case event on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 153 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by Bonita Springs Hotel 1, LLC, Holistic Health Healing, Inc., Quorum Hotels & Resorts, LTD. . (Beebe, Brooke) Modified as to text and case event on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 152 REPLY to Response to Motion re #66 MOTION to Dismiss First Amended Complaint filed by Best Western International, Inc. (Zeiger, Michelle) Modified as to text on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 151 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by Bonita Springs Hotel 1, LLC, Holistic Health Healing, Inc., Quorum Hotels & Resorts, LTD. . (Beebe, Brooke) Modified as to case event and docket text on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 150 Supplemental RESPONSE re #74 Case Management Report filed by Choice Hotels International, Inc. (Turner, Sara) Modified as to text on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 149 REPLY to Response to Motion re #39 MOTION to Dismiss First Amended Complaint filed by Choice Hotels International, Inc. (Turner, Sara) Modified as to text on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 148 REPLY to Response to Motion re #58 MOTION to Dismiss First Amended Complaint filed by Marriott International, Inc. (Reagan, Amanda) Modified as to text on 9/13/2022 (JK).
September 12, 2022 Opinion or Order Filing 147 REPLY to Response to Motion re #87 MOTION to Dismiss First Amended Complaint filed by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.)
September 9, 2022 Opinion or Order Filing 146 SUPPLEMENT re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by A. D. (Wood, Hilary)
September 9, 2022 Opinion or Order Filing 145 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by Bonita Springs Hotel 1, LLC, Holistic Health Healing, Inc., Quorum Hotels & Resorts, LTD. (Beebe, Brooke) Modified as to docket text on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 144 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano (Torrez, Christyna) Modified as to entry relationship, case event, and docket text per lc/BB on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 143 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC (Gunsten, Glenn) Modified as to entry relationship, case event, and docket text per lc/BB on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 142 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by Tampa Bay Hotels, LLC. (Boland, Patrick) Modified as to entry relationship and docket text on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 141 MOTION for Joinder re; #139 Supplemental RESPONSE to Motion by Best Western International, Inc. (Zeiger, Michelle) Modified as to entry relationship and docket text on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 140 MOTION for Joinder re; #138 Supplemental RESPONSE to Motion by Marriott International, Inc. (Reagan, Amanda) Modified as to entry relationship, case event and docket text per lc/BB on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 139 Supplemental RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Choice Hotels International, Inc. (Turner, Sara) Modified as to docket text on 9/12/2022 (JK).
September 9, 2022 Opinion or Order Filing 138 Supplemental RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Modified as to text on 9/12/2022 (JK).
August 31, 2022 Opinion or Order Filing 136 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 134 ORAL Motion for Extension of Time to File Notice of selection of mediator; granting 135 ORAL Motion for Extension of Time to serve Initial Disclosures; PRELIMINARY PRETRIAL CONFERENCE held on 8/31/2022. (DIGITAL) (WRW)
August 31, 2022 Opinion or Order Filing 135 ORAL MOTION for Extension of Time to serve Initial Disclosures. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 31, 2022 Opinion or Order Filing 134 ORAL MOTION for Extension of Time to File Notice of Selection of Mediator. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 31, 2022 Opinion or Order Filing 133 ENDORSED ORDER granting #120, #121, #122, #123, #124, #125, #126, #127, #128, #129 defendants' motions for leave to reply. By September 12, 2022, the defendants may file their replies in further support of their motions to dismiss or sever. Signed by Magistrate Judge Nicholas P. Mizell on 8/31/2022. (BB)
August 31, 2022 Opinion or Order Filing 132 TEXT ORDER directing the clerk to strike #131 defendants' notice of Rule 26 initial disclosures. Rule 26(a) disclosures shall not be filed with the court as a matter of course. Fed. R. Civ. P. 5(d)(1)(A). Signed by Magistrate Judge Nicholas P. Mizell on 8/31/2022. (BB)
August 31, 2022 Opinion or Order Filing 131 ((STRICKEN PER 132 ORDER)) -- NOTICE of Filing Rule 26 Initial Disclosures by CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC (Gunsten, Glenn) Modified as to docket text and to reflect STRICKEN pursuant to Order on 8/31/2022 (JK).
August 29, 2022 Opinion or Order Filing 130 ENDORSED ORDER denying as moot #117 plaintiff's motion for more time to file a consolidated response. Plaintiff filed her consolidated response by the deadline. Further, plaintiff failed to comply with Local Rule 3.01(g) in her extension motion. The court tends to strictly enforce its motion-related conference requirements to foster communication between the parties, narrow or resolve issues without court involvement, and ensure that disputes are neither under- nor overstated when first presented to the court for resolution. Signed by Magistrate Judge Nicholas P. Mizell on 8/29/2022. (BB)
August 26, 2022 Opinion or Order Filing 129 JOINDER in motion by CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC re #120 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss Amended Complaint filed by La Quinta Franchising LLC, Cavalier MergerSub LP, Cavalier Mergersub LP, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc., CPLG Wellesley Properties, LLC, CPLG FL Properties, LLC, LQ Management L.L.C. (Gunsten, Glenn) Modified on 8/31/2022 (BB).
August 25, 2022 Opinion or Order Filing 128 MOTION for Joinder in La Quinta and CPLGs' Motion for Leave to File Reply in Support of Its Motions to Dismiss by Tampa Bay Hotels, LLC. (Boland, Patrick) Modified as to docket text and to reflect counsel notified: email address needs to be current, as to use of capitals in docket text, and styling of filings on 8/25/2022 (JK).
August 24, 2022 Opinion or Order Filing 127 JOINDER in motion by Holistic Health Healing, Inc. re #120 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss Amended Complaint filed by La Quinta Franchising LLC, Cavalier MergerSub LP, Cavalier Mergersub LP, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc., CPLG Wellesley Properties, LLC, CPLG FL Properties, LLC, LQ Management L.L.C . (Beebe, Brooke) Modified as to docket text on 8/25/2022 (JK). Modified on 8/31/2022 (BB).
August 24, 2022 Opinion or Order Filing 126 JOINDER in motion by Bonita Springs Hotel 1, LLC re #120 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss Amended Complaint filed by La Quinta Franchising LLC, Cavalier MergerSub LP, Cavalier Mergersub LP, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc., CPLG Wellesley Properties, LLC, CPLG FL Properties, LLC, LQ Management L.L.C . (Beebe, Brooke) Modified as to docket text on 8/25/2022 (JK). Modified on 8/31/2022 (BB).
August 24, 2022 Opinion or Order Filing 125 JOINDER in motion by Quorum Hotels & Resorts, LTD. re #120 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss Amended Complaint filed by La Quinta Franchising LLC, Cavalier MergerSub LP, Cavalier Mergersub LP, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc., CPLG Wellesley Properties, LLC, CPLG FL Properties, LLC, LQ Management L.L.C . (Beebe, Brooke) Modified as to docket text on 8/25/2022 (JK). Modified on 8/31/2022 (BB).
August 24, 2022 Opinion or Order Filing 124 MOTION for Leave to File Reply in Support of Its Motion to Dismiss Amended Complaint or in the Alternative, to Sever and Strike, and Incorporated Memorandum of Law [D.E. 73] by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. (Torrez, Christyna) Modified as to docket text on 8/25/2022 (JK).
August 24, 2022 Opinion or Order Filing 123 MOTION for Miscellaneous Relief, specifically Motion for Leave to File Reply Brief by Choice Hotels International, Inc. (Turner, Sara) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 24, 2022 Opinion or Order Filing 122 MOTION for Miscellaneous Relief, specifically Motion for Leave to File Reply in Support of Motions to Dismiss by The La Quinta and CPLG Defendants' by Best Western International, Inc. (Zeiger, Michelle) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified as to docket text on 8/25/2022 (JK).
August 24, 2022 Opinion or Order Filing 121 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Its Motion to Dismiss Amended Complaint by Marriott International, Inc. (Reagan, Amanda) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 24, 2022 Opinion or Order Filing 120 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss Amended Complaint by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 19, 2022 Opinion or Order Filing 119 RESPONSE in Opposition re #39 MOTION to Dismiss Plaintiff's Amended Complaint , #58 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint, #31 MOTION to Dismiss Plaintiff's First Amended Complaint , #66 MOTION to Dismiss Plaintiff's Amended Complaint, or in the alternative, to Strike and Memorandum in Support , #87 MOTION to Dismiss First Amended Complaint , #52 MOTION to Dismiss Amended Complaint , #108 MOTION to Dismiss Plaintiff's First Amended Complaint or in the Alternative, Motion to Strike, and Incorporated Memorandum of Law , #49 MOTION to Dismiss Plaintiff''s Amended Complaint , #51 MOTION to Dismiss Amended Complaint , #73 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, to Sever and Strike, and Incorporated Memorandum of Law filed by A. D.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Avila, Kathryn)
August 19, 2022 Opinion or Order Filing 118 CERTIFICATE of interested persons and corporate disclosure statement re 109 Order no pdf #3 Civil Action Order by Tampa Bay Hotels, LLC. (Boland, Patrick) Modified to reflect counsel advised as to style of case format on filings and requirement to update attorney details as email address on 8/22/2022 (JK).
August 18, 2022 Opinion or Order Filing 117 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiff's Amended Complaint , #58 MOTION to Dismiss for Failure to State a Claim, #31 MOTION to Dismiss Plaintiff's First Amended Complaint, #66 MOTION to Dismiss Plaintiff's Amended Complaint, or in the alternative, to Strike and Memorandum in Support, #87 MOTION to Dismiss First Amended Complaint, #52 MOTION to Dismiss Amended Complaint, #108 MOTION to Dismiss Plaintiff's First Amended Complaint or in the Alternative, Motion to Strike, and Incorporated Memorandum of Law, #49 MOTION to Dismiss Plaintiff's Amended Complaint, #51 MOTION to Dismiss Amended Complaint, #73 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, to Sever and Strike, and Incorporated Memorandum of Law by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 15, 2022 Opinion or Order Filing 116 CERTIFICATE of interested persons and corporate disclosure statement by Quorum Hotels & Resorts, LTD. (Beebe, Brooke)
August 15, 2022 Opinion or Order Filing 115 CERTIFICATE of interested persons and corporate disclosure statement by A. D. (Avila, Kathryn)
August 12, 2022 Opinion or Order Filing 114 CERTIFICATE of interested persons and corporate disclosure statement re 109 Order by CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC. (Gunsten, Glenn)
August 12, 2022 Opinion or Order Filing 113 ORDER granting #105 unopposed motion for special admission of Virginia Weeks. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/12/2022. (BB)
August 12, 2022 Opinion or Order Filing 112 ORDER granting #104 unopposed motion for special admission of David S. Sager. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/12/2022. (BB)
August 11, 2022 Opinion or Order Filing 111 NOTICE of Appearance by Hilary N. Wood on behalf of A. D. (Wood, Hilary)
August 11, 2022 Opinion or Order Filing 110 IN PERSON NOTICE of hearing: Preliminary Pretrial Conference set for 8/31/2022 at 01:00 PM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. (WRW)
August 11, 2022 Opinion or Order Filing 109 TEXT ORDER DIRECTING COMPLIANCE. Local Rule 3.03 directs each party to file an interested persons disclosure with its first appearance. The Civil Action Order (Doc. #3) reminded the parties of this obligation and directed them to IMMEDIATELY file the disclosure. Plaintiff A.D. and defendants Quorum Hotels and Resorts, Tampa Bay Hotels, CHMB Florida Hotel Manager, and CHM Naples II Hotel Partners have yet to comply. These parties are directed to promptly file their interested persons disclosure by following the procedure set forth in the Civil Action Order. Signed by Magistrate Judge Nicholas P. Mizell on 8/11/2022. (BB)
August 11, 2022 Opinion or Order TEXT ORDER CANCELLING the telephonic Rule 16(b)(1)(B) conference currently set for 10:00 am on August 11. A review of the docket reveals this matter is not well suited for a telephonic Rule 16 conference. By separate notice, the conference will be reset for an IN PERSON proceeding. In the interim, the parties are directed to avoid duplicative filings and to present information or arguments jointly whenever feasible. For instance, the Civil Action Order (Doc. #3) directed the parties to jointly file a single related-case notice, but the parties instead filed eight separate notices advising the court of no related actions. (Docs. #41, #68, #69, #70, #78, #86, #89, #91). Signed by Magistrate Judge Nicholas P. Mizell on 8/11/2022. (BB)
August 10, 2022 Opinion or Order Filing 108 MOTION to Dismiss Plaintiff's First Amended Complaint or in the Alternative, Motion to Strike, and Incorporated Memorandum of Law by Tampa Bay Hotels, LLC. (Boland, Patrick)
August 10, 2022 Opinion or Order Filing 107 NOTICE of Appearance by Andrew Darlington on behalf of Best Western International, Inc. (Darlington, Andrew)
August 10, 2022 Opinion or Order Filing 106 NOTICE of Appearance by Patrick M. Boland on behalf of Tampa Bay Hotels, LLC (Boland, Patrick)
August 9, 2022 Opinion or Order Filing 105 Unopposed MOTION for Virginia Weeks to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19864236 for $150 by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 9, 2022 Opinion or Order Filing 104 Unopposed MOTION for David S. Sager to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19864189 for $150 by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 29, 2022 Opinion or Order Filing 103 RESPONSE in Opposition re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Best Western International, Inc. (Zeiger, Michelle)
July 29, 2022 Opinion or Order Filing 102 RESPONSE in Opposition re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Quorum Hotels & Resorts, LTD. (Beebe, Brooke)
July 29, 2022 Opinion or Order Filing 101 RESPONSE in Opposition re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Holistic Health Healing, Inc. (Beebe, Brooke)
July 29, 2022 Opinion or Order Filing 100 RESPONSE in Opposition re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Bonita Springs Hotel 1, LLC. (Beebe, Brooke)
July 29, 2022 Opinion or Order Filing 99 RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. (Torrez, Christyna)
July 29, 2022 Opinion or Order Filing 98 RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Choice Hotels International, Inc. (Turner, Sara)
July 29, 2022 Opinion or Order Filing 97 Endorsed Order granting #95 plaintiff's motion for an extension of time to file a consolidated response. By August 19, 2022, plaintiff must file a single, consolidated response to the pending motions to dismiss (Docs. #31, #39, #49, #51, #52, #58, #66, #73, #87) not to exceed 60 pages. The court welcomes the proposed reduction from the 180 pages that would have been available to plaintiff in nine separate responses. But plaintiff is cautioned that the subjects of this motion are not time sensitive and certainly not an "emergency" (the characterization ascribed to the motion when it was filed via CM/ECF). The court also reminds counsel for defendants Choice, CHMB, CHM, Wyndham, LQH, LQM, LQF, Cavalier, CPLG Wellesley, and CPLG FL that prompt responses to inquiries from opposing counsel are required. Signed by Magistrate Judge Nicholas P. Mizell on 7/29/2022. (Mizell, Nicholas)
July 29, 2022 Opinion or Order Filing 96 RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.)
July 29, 2022 Opinion or Order Filing 95 Emergency MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiff's Amended Complaint, #58 MOTION to Dismiss for Failure to State a Claim, #66 MOTION to Dismiss Plaintiff's Amended Complaint, or in the alternative, to Strike and Memorandum in Support, #87 MOTION to Dismiss First Amended Complaint, #52 MOTION to Dismiss Amended Complaint, #49 MOTION to Dismiss Plaintiff's Amended Complaint, #51 MOTION to Dismiss Amended Complaint, #73 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, to Sever and Strike, and Incorporated Memorandum of Law, MOTION to File Excess Pages by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 8/2/2022 (JK).
July 29, 2022 Opinion or Order Filing 94 NOTICE of Appearance by Ron M. Campbell on behalf of Quorum Hotels & Resorts, LTD. (Campbell, Ron) Modified as to docket text on 8/2/2022 (JK).
July 29, 2022 Opinion or Order Filing 93 NOTICE of Appearance by Ron M. Campbell on behalf of Holistic Health Healing, Inc. (Campbell, Ron) Modified on 8/1/2022, to edit docket text. (SPB).
July 27, 2022 Opinion or Order Filing 92 RESPONSE in Opposition re #12 MOTION to Dismiss Amended Complaint filed by A. D. (Avila, Kathryn)
July 26, 2022 Opinion or Order Filing 91 NOTICE of a related action per Local Rule 1.07(c) by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. Related case(s): No (Phillips, J.)
July 26, 2022 Opinion or Order Filing 90 CERTIFICATE of interested persons and corporate disclosure statement by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP identifying Corporate Parent Cavalier MergerSub LP for CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC. (Phillips, J.)
July 26, 2022 Opinion or Order Filing 89 NOTICE of a related action per Local Rule 1.07(c) by Apex Hospitality, LLLP. Related case(s): No (Preston, David)
July 26, 2022 Opinion or Order Filing 88 CERTIFICATE of interested persons and corporate disclosure statement by Apex Hospitality, LLLP identifying Corporate Parent Apex Hospitality, LLLP for Apex Hospitality, LLLP. (Preston, David)
July 25, 2022 Opinion or Order Filing 87 MOTION to Dismiss First Amended Complaint by CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.)
July 22, 2022 Opinion or Order Filing 86 NOTICE of a related action per Local Rule 1.07(c) by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. Related case(s): No (Torrez, Christyna)
July 22, 2022 Opinion or Order Filing 85 ORDER granting #79 amended motion for special admission. Having satisfied the requirements of Local Rule 2.01(c), the court finds attorney Sara M. Turner may appear specially on behalf of Choice Hotels International, Inc. Signed by Magistrate Judge Nicholas P. Mizell on 7/22/2022. (GSK)
July 22, 2022 Opinion or Order Filing 84 ENDORSED ORDER granting #77 unopposed motion for Aaron Martinez to withdraw as counsel for defendant Quorum Hotels & Resorts, LTD. Attorney Martinez shall have no further responsibility in this case, and the CLERK is directed to remove him from receiving electronic notifications. Signed by Magistrate Judge Nicholas P. Mizell on 7/22/2022. (GSK)
July 22, 2022 Opinion or Order Filing 83 ENDORSED ORDER granting #76 unopposed motion for James C. Erdle, Jr., to withdraw as counsel for defendant Quorum Hotels & Resorts, LTD. Attorney Erdle shall have no further responsibility in this case, and the CLERK is directed to remove him from receiving electronic notifications. Signed by Magistrate Judge Nicholas P. Mizell on 7/22/2022. (GSK)
July 22, 2022 Opinion or Order Filing 82 ENDORSED ORDER granting #75 unopposed motion for Patrick Mosley to withdraw as counsel for defendant Quorum Hotels & Resorts, LTD. Attorney Mosley shall have no further responsibility in this case, and the CLERK is directed to remove him from receiving electronic notifications. Signed by Magistrate Judge Nicholas P. Mizell on 7/22/2022. (GSK)
July 20, 2022 Opinion or Order Filing 81 Consent to MOTION for Aaron Martinez, James Erdle, Patrick Mosely to Withdraw as Attorney by Quorum Hotels & Resorts, LTD. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified as to docket text and to terminate motion on 7/22/2022 (JK).
July 19, 2022 Opinion or Order Filing 80 CERTIFICATE of interested persons and corporate disclosure statement by LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. identifying Corporate Parent Wyndham Hotels & Resorts, Inc. for LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc. (Phillips, J.)
July 19, 2022 Opinion or Order Filing 79 Amended MOTION for Sara M. Turner to appear pro hac vice by Choice Hotels International, Inc. (Dorough, Marisa) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 19, 2022 Opinion or Order Filing 78 NOTICE of a related action per Local Rule 1.07(c) by Marriott International, Inc. Related case(s): No (Reagan, Amanda)
July 19, 2022 Opinion or Order Filing 77 MOTION for Aaron Martinez to Withdraw as Attorney by Quorum Hotels & Resorts, LTD. (Erdle, James) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 19, 2022 Opinion or Order Filing 76 MOTION for James C. Erdle, Jr. to Withdraw as Attorney by Quorum Hotels & Resorts, LTD. (Erdle, James) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 19, 2022 Opinion or Order Filing 75 MOTION for Patrick M. Mosley to Withdraw as Attorney by Quorum Hotels & Resorts, LTD. (Erdle, James) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 18, 2022 Opinion or Order Filing 74 CASE MANAGEMENT REPORT. (Avila, Kathryn)
July 18, 2022 Opinion or Order Filing 73 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, to Sever and Strike, and Incorporated Memorandum of Law by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. (Torrez, Christyna)
July 18, 2022 Opinion or Order Filing 72 CERTIFICATE of interested persons and corporate disclosure statement by Holistic Health Healing, Inc. (Beebe, Brooke)
July 18, 2022 Opinion or Order Filing 71 CERTIFICATE of interested persons and corporate disclosure statement by Bonita Springs Hotel 1, LLC. (Beebe, Brooke)
July 18, 2022 Opinion or Order Filing 70 NOTICE of a related action per Local Rule 1.07(c) by Bonita Springs Hotel 1, LLC. Related case(s): No (Beebe, Brooke)
July 18, 2022 Opinion or Order Filing 69 NOTICE of a related action per Local Rule 1.07(c) by Holistic Health Healing, Inc. Related case(s): No (Beebe, Brooke)
July 18, 2022 Opinion or Order Filing 68 NOTICE of a related action per Local Rule 1.07(c) by Quorum Hotels & Resorts, LTD.. Related case(s): No (Beebe, Brooke)
July 18, 2022 Opinion or Order Filing 67 CERTIFICATE of interested persons and corporate disclosure statement by Best Western International, Inc. (Zeiger, Michelle) Modified as to docket text on 7/19/2022 (JK).
July 18, 2022 Opinion or Order Filing 66 MOTION to Dismiss Plaintiff's Amended Complaint, or in the alternative to Strike, and Memorandum in Support by Best Western International, Inc. (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, #10 Exhibit J)(Zeiger, Michelle)
July 17, 2022 Opinion or Order Filing 65 ENDORSED ORDER granting #48, #53, #54, #56, #61, #62, #64 unopposed motions to extend response time. Choice Hotels, Bonita Springs Hotel, Holistic Health Healing, R&M Real Estate Company, Quorum Hotels, Best Western International, Wyndham Hotels, Cavalier Mergersub, and the La Quinta Defendants must respond to #35 plaintiff's motion to proceed pseudonymously by July 29. Signed by Magistrate Judge Nicholas P. Mizell on 7/17/2022. (Mizell, Nicholas)
July 15, 2022 Opinion or Order Filing 64 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Leave to Proceed in Pseudonym by Best Western International, Inc. (Zeiger, Michelle) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 63 NOTICE of Appearance by Michelle Zeiger on behalf of Best Western International, Inc. (Zeiger, Michelle)
July 15, 2022 Opinion or Order Filing 62 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Leave to Proceed Pseudonym by Cavalier Mergersub LP, LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 61 Unopposed MOTION for Extension of Time to File Response/Reply as to #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by Quorum Hotels & Resorts, LTD. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 60 NOTICE of Appearance by Brooke E. Beebe on behalf of Quorum Hotels & Resorts, LTD. (Beebe, Brooke)
July 15, 2022 Opinion or Order Filing 59 CERTIFICATE of interested persons and corporate disclosure statement by Marriott International, Inc. (Reagan, Amanda)
July 15, 2022 Opinion or Order Filing 58 MOTION to Dismiss for Failure to State a Claim re; #6 First Amended Complaint by Marriott International, Inc. (Reagan, Amanda) Modified as to docket text and entry relationship on 7/18/2022 (JK).
July 15, 2022 Opinion or Order Filing 57 RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Marriott International, Inc. (Reagan, Amanda)
July 15, 2022 Opinion or Order Filing 56 Unopposed MOTION for Extension of Time to File Response/Reply as to #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. (Torrez, Christyna) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 55 NOTICE of Appearance by Ron M. Campbell on behalf of Holistic Health Healing, Inc. (Campbell, Ron)
July 15, 2022 Opinion or Order Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply as to #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by Holistic Health Healing, Inc. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by Bonita Springs Hotel 1, LLC. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 52 MOTION to Dismiss Amended Complaint by Holistic Health Healing, Inc. (Beebe, Brooke)
July 15, 2022 Opinion or Order Filing 51 MOTION to Dismiss Amended Complaint by Bonita Springs Hotel 1, LLC. (Beebe, Brooke)
July 15, 2022 Opinion or Order Filing 50 NOTICE of Appearance by Brooke E. Beebe on behalf of Holistic Health Healing, Inc. (Beebe, Brooke)
July 15, 2022 Opinion or Order Filing 49 MOTION to Dismiss Plaintiff's Amended Complaint by CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC. (Gunsten, Glenn)
July 15, 2022 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Leave to Proceed in Pseudonym by Choice Hotels International, Inc. (Dorough, Marisa) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 15, 2022 Opinion or Order Filing 47 ORDER granting #44 motion for special admission. Having satisfied the requirements of Local Rule 2.01(c), the court finds attorney Ellen Dew may appear specially on behalf of defendant Marriott International, Inc. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 7/15/2022. (GSK)
July 13, 2022 Opinion or Order Filing 46 ENDORSED ORDER granting #43 plaintiff's unopposed motion for extension of time. By August 19, 2022, plaintiff will respond to defendant Apex's motion to dismiss (Doc. #31). Signed by Magistrate Judge Nicholas P. Mizell on 7/13/2022. (GSK)
July 13, 2022 Opinion or Order Filing 45 ORDER denying without prejudice #42 motion for special admission. Using the sample motion available on the court's website, attorney Turner may renew her motion and offer more context for consideration. If Turner does not file a renewed motion within FOURTEEN (14) DAYS, then the CLERK is directed to reimburse the special admission fee (Receipt No. AFLMDC-19760557). See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 7/13/2022. (GSK)
July 13, 2022 Opinion or Order Filing 44 Unopposed MOTION for Ellen Dew to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19767605 for $150 by Marriott International, Inc. (Reagan, Amanda) Motions referred to Magistrate Judge Nicholas P.
July 12, 2022 Opinion or Order Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Plaintiff's First Amended Complaint by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 11, 2022 Opinion or Order Filing 42 Unopposed MOTION for Sara M. Turner to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19760557 for $150 by Choice Hotels International, Inc. (Dorough, Marisa) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 11, 2022 Opinion or Order Filing 41 NOTICE of a related action per Local Rule 1.07(c) by Choice Hotels International, Inc. Related case(s): No (Dorough, Marisa)
July 11, 2022 Opinion or Order Filing 40 CERTIFICATE of interested persons and corporate disclosure statemen by Choice Hotels International, Inc. (Dorough, Marisa) Modified as to docket text on 7/12/2022 (JK).
July 11, 2022 Opinion or Order Filing 39 MOTION to Dismiss Plaintiff's Amended Complaint or in the alternative, to Sever and to Strike by Choice Hotels International, Inc. (Dorough, Marisa) Modified as to docket text on 7/12/2022 (JK).
July 11, 2022 Opinion or Order Filing 38 NOTICE of Appearance by Marisa Rosen Dorough on behalf of Choice Hotels International, Inc. (Dorough, Marisa)
July 8, 2022 Opinion or Order Filing 37 NOTICE of Appearance by Amanda Reagan on behalf of Marriott International, Inc. (Reagan, Amanda)
July 6, 2022 Opinion or Order Filing 36 NOTICE of Filing Waiver and Return of service by A. D. (Attachments: #1 Waiver of Service Holistic Health, #2 Affidavit of Service CPLG Wellesley)(Avila, Kathryn) Modified as to docket text on 7/7/2022 (JK).
July 1, 2022 Opinion or Order Filing 35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
June 30, 2022 Opinion or Order Filing 34 CERTIFICATE of interested persons and corporate disclosure statement by R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. (Torrez, Christyna) Modified to reflect counsel notified to use the parties from amended complaint in case style on 7/1/2022 (JK).
June 30, 2022 Opinion or Order Filing 33 NOTICE of Lead Counsel Designation by Christyna M. Torrez on behalf of R&M Real Estate Company, Inc., Mario Vocisano, Robert Vocisano. Lead Counsel: Christyna M. Torrez. (Torrez, Christyna) Modified as to docket text on 7/1/2022 (JK). Modified to reflect counsel notified to use the parties from amended complaint in case style on 7/1/2022 (JK).
June 28, 2022 Opinion or Order Filing 32 NOTICE to counsel Mark Stephen Tomlinson of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK)
June 28, 2022 Opinion or Order Filing 31 MOTION to Dismiss Plaintiff's First Amended Complaint by Apex Hospitality, LLLP. (Preston, David)
June 23, 2022 Opinion or Order Filing 30 ENDORSED ORDER granting #27 plaintiff A.D.'s unopposed motion for extension of time. By July 27, 2022, A.D. will respond to defendant Quorum Hotel's motion to dismiss (Doc. #12). Signed by Magistrate Judge Nicholas P. Mizell on 6/23/2022. (GSK)
June 22, 2022 Opinion or Order Filing 29 SUMMONS reissued as to Holistic Health Healing, Inc. (JK)
June 22, 2022 Opinion or Order Filing 28 SUMMONS reissued as to CPLG Wellesley Properties, LLC. (JK)
June 21, 2022 Opinion or Order Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss Amended Complaint by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
June 21, 2022 Opinion or Order Filing 26 ENDORSED ORDER granting #21 defendant Bonita Springs Hotel 1, LLC's unopposed motion to extend its time to respond to the first amended complaint. The motion requests an extension to either July 7 or July 15 (it's unclear which). And while the motion supplies good cause for an extension of time, it makes no effort to show excusable neglect for its untimely filing (the motion was filed three days after the response was due). Nevertheless, the motion is unopposed. Defendant Bonita Springs Hotel 1, LLC must file its response by July 15. Signed by Magistrate Judge Nicholas P. Mizell on 6/21/2022. (GSK)
June 21, 2022 Opinion or Order Filing 25 TEXT ORDER. Plaintiff has improperly embedded a motion for protective order in her pleadings seeking permission to proceed under the pseudonym "A.D." By July 1, 2022, Plaintiff must seek this relief by separately filing a motion that fully complies with Local Rule 3.01. Signed by Magistrate Judge Nicholas P. Mizell on 6/21/2022.(Mizell, Nicholas)
June 21, 2022 Opinion or Order Filing 24 ORDER granting #18 motion for special admission. Having satisfied the requirements of Local Rule 2.01(c), the court finds Attorney Aaron A. Martinez may appear specially on behalf of defendant Quorum Hotels & Resorts, LTD. Signed by Magistrate Judge Nicholas P. Mizell on 6/21/2022. (GSK)
June 21, 2022 Opinion or Order Filing 23 ORDER granting #17 motion for special admission. Having satisfied the requirements of Local Rule 2.01(c), the court finds Attorney James C. Erdle, Jr., may appear specially on behalf of defendant Quorum Hotels & Resorts, LTD. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 6/21/2022. (GSK)
June 21, 2022 Opinion or Order Filing 22 ENDORSED ORDER granting #15 plaintiff A.D.'s motion to amend summonses. The CLERK is directed to issue the proposed amended summonses (Docs. 15-3, 15-7). The court advises plaintiff A.D. that the clerk will generally issue amended summonses on request and without motion. Signed by Magistrate Judge Nicholas P. Mizell on 6/21/2022. (GSK)
June 17, 2022 Opinion or Order Filing 21 Unopposed MOTION for Extension of Time to Respond to Complaint #1 by Bonita Springs Hotel 1, LLC. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 6/21/2022, to edit docket text. (SPB).
June 17, 2022 Opinion or Order Filing 20 NOTICE of Appearance by Ron M. Campbell on behalf of Bonita Springs Hotel 1, LLC (Campbell, Ron)
June 17, 2022 Opinion or Order Filing 19 NOTICE of Appearance by Brooke E. Beebe on behalf of Bonita Springs Hotel 1, LLC (Beebe, Brooke)
June 10, 2022 Opinion or Order Filing 18 Unopposed MOTION for Aaron A. Martinez to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19665633 for $150 by Quorum Hotels & Resorts, LTD. (Mosley, Patrick) Motions referred to Magistrate Judge Nicholas P. Mizell.
June 10, 2022 Opinion or Order Filing 17 Unopposed MOTION for James C. Erdle, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19665608 for $150 by Quorum Hotels & Resorts, LTD. (Mosley, Patrick) Motions referred to Magistrate Judge Nicholas P. Mizell.
June 9, 2022 Opinion or Order Filing 16 PROOF of service by A. D., WAIVER of service returned executed on 5/11/2022; 5/12/2022; 5/16/2022; 5/17/2022; 5/18/2022; 5/19/2022; 5/24/2022; 5/27/2022; 6/7/2022 by A. D. as to Apex Hospitality, LLLP, Best Western International, Inc., Bonita Springs Hotel 1, LLC, CHM Naples II Hotel Partners, Inc., CPLG FL Properties, LLC, Cavalier Mergersub LP, Choice Hotels International, Inc., LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Marriott International, Inc., Quorum Hotels & Resorts, LTD., R&M Real Estate Company, Inc., Tampa Bay Hotels, LLC, Mario Vocisano, Robert Vocisano, Wyndham Hotels & Resorts, Inc.. (Attachments: #1 Affidavit CPLG FL, #2 Affidavit CMH Naples, #3 Affidavit Tampa Bay Hotels, #4 Affidavit Quorum Hotels, #5 Affidavit Apex, #6 Affidavit Bonita Springs, #7 Waiver of Service Best Western, #8 Waiver of Service Mario Vocisano, #9 Waiver of Service R&M Real Estate, #10 Waiver of Service Robert Vocisano, #11 Waiver of Service Choice, #12 Waiver of Service Cavalier, #13 Waiver of Service LQF, #14 Waiver of Service LQH, #15 Waiver of Service LQM, #16 Waiver of Service Wyndham, #17 Waiver of Service Marriott)(Avila, Kathryn)
June 8, 2022 Opinion or Order Filing 15 MOTION for Issuance of Summons for Holistic Health Healing, Inc. and CPLG Wellesley Properties LLC by A. D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
June 8, 2022 Opinion or Order Filing 14 NOTICE of hearing: Preliminary Pretrial Conference set for 8/11/2022 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 7/18/2022. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 22095. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
June 7, 2022 Opinion or Order Filing 13 ENDORSED ORDER granting #11 defendant Apex's unopposed motion for extension of time. By June 28, 2022, Apex will respond to plaintiff A.D.'s first amended compliant (Doc. #6). Signed by Magistrate Judge Nicholas P. Mizell on 6/7/2022. (GSK)
June 6, 2022 Opinion or Order Filing 12 MOTION to Dismiss Amended Complaint #6 by Quorum Hotels & Resorts, LTD. (Attachments: #1 Exhibit A (COMPOSITE))(Mosley, Patrick) Modified on 6/7/2022 (jmc).
June 3, 2022 Opinion or Order Filing 11 MOTION for Extension of Time to File Response/Reply as to #6 Amended Complaint by Apex Hospitality, LLLP. (Preston, David) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 6/6/2022 (jmc).
May 31, 2022 Opinion or Order Filing 10 PROPOSED summons to be issued by A. D. (Attachments: #1 Proposed Summons)(Avila, Kathryn) Modified to reflect counsel has been notified returned unexecuted summonsed need to be returned prior to reissue of new summonses on 6/2/2022 (JK).
May 9, 2022 Opinion or Order Filing 9 SUMMONS issued as to Apex Hospitality, LLLP, Best Western International, Inc., Bonita Springs Hotel 1, LLC, CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC, CPLG FL Properties, LLC, CPLG Wellesley Properties, LLC, Cavalier Mergersub LP, Choice Hotels International, Inc., Holistic Health Healing, Inc., LQ Management L.L.C, La Quinta Franchising LLC, La Quinta Holdings, Inc., Marriott International, Inc., Quorum Hotels & Resorts, LTD., R&M Real Estate Company, Inc., Tampa Bay Hotels, LLC, Mario Vocisano, Robert Vocisano, Wyndham Hotels & Resorts, Inc. (jmc)
May 6, 2022 Opinion or Order Filing 8 PROPOSED summons to be issued by A. D. (Attachments: #1 Proposed Summons)(Avila, Kathryn) Modified on 5/9/2022 (jmc).
May 5, 2022 Opinion or Order Filing 7 PROPOSED summons to be issued by A. D. as to all defendants (Avila, Kathryn) Modified on 5/6/2022 (jmc).
May 4, 2022 Opinion or Order Filing 6 FIRST AMENDED COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. Related document: #1 Complaint filed by A. D.. (Attachments: #1 Proposed Summons Apex, #2 Proposed Summons Best Western International, #3 Proposed Summons Bonita Springs Hotel, #4 Proposed Summons CHM Naples, #5 Proposed Summons CHMB, #6 Proposed Summons Choice, #7 Proposed Summons CPLG FL, #8 Proposed Summons CPLG Wellesley, #9 Proposed Summons Holistic, #10 Proposed Summons La Quinta Franchising, #11 Proposed Summons La Quinta Holdings, #12 Proposed Summons LQ Management, #13 Proposed Summons Marriott, #14 Proposed Summons Quorum, #15 Proposed Summons R&M, #16 Proposed Summons Tampa Bay, #17 Proposed Summons Vocisano, #18 Proposed Summons Wyndham, #19 Proposed Summons CorePoint)(Avila, Kathryn) Modified on 5/6/2022 summons are re-issued at DE#7 with completed case number and for all defendants individually (jmc).
February 16, 2022 Opinion or Order Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (FN)
February 16, 2022 Opinion or Order Filing 4 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (FN)
February 16, 2022 Opinion or Order Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 2/16/2022. (FN)
February 14, 2022 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0095-JES-NPM. (SJB)
February 11, 2022 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number CFLMDC-19229287) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Avila, Kathryn)

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Plaintiff: A. D.
Represented By: Kathryn L. Avila
Represented By: Emmie Paulos
Represented By: Hilary N. Wood
Represented By: Kathryn L Avila
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Defendant: Corepoint Lodging, Inc.
Represented By: David S. Sager
Represented By: Virginia Weeks
Represented By: J. Trumon Phillips
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: CPLG WELLESLEY PROPERTIES, LLC
Represented By: David S. Sager
Represented By: J. Trumon Phillips
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: CPLG FL PROPERTIES, LLC
Represented By: J. Trumon Phillips
Represented By: David S. Sager
Represented By: Virginia Weeks
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Defendant: La Quinta Holdings, Inc.
Represented By: David S. Sager
Represented By: J. Trumon Phillips
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: LQ MANAGEMENT L.L.C.
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Defendant: La Quinta Franchising LLC
Represented By: J. Trumon Phillips
Represented By: David S. Sager
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: Wyndham Hotels & Resorts, Inc.
Represented By: J. Trumon Phillips
Represented By: David S. Sager
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: QUORUM HOTELS & RESORTS, LTD.
Represented By: Brooke E. Beebe
Represented By: Patrick M Mosley
Represented By: Ron M. Campbell
Represented By: Aaron A. Martinez
Represented By: James C. Erdle, Jr.
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Defendant: Choice Hotels International, Inc.
Represented By: Sara M. Turner
Represented By: Marisa Rosen Dorough
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Defendant: R&M REAL ESTATE COMPANY, INC.
Represented By: J. Michael Coleman
Represented By: Christyna M. Torrez
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Defendant: TAMPA BAY HOTELS, LLC
Represented By: Patrick M. Boland
Represented By: Daniel J. Santaniello
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Defendant: Robert Vocisano
Represented By: Christyna M. Torrez
Represented By: J. Michael Coleman
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Defendant: Mario Vocisano
Represented By: Christyna M. Torrez
Represented By: J. Michael Coleman
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Defendant: Best Western International, Inc.
Represented By: Michelle Zeiger
Represented By: Andrew Darlington
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Defendant: Apex Hospitality, LLLP
Represented By: Mark Stephen Tomlinson
Represented By: David S. Preston
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Defendant: BONITA SPRINGS HOTEL 1, LLC
Represented By: Ron M. Campbell
Represented By: Brooke E. Beebe
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Defendant: Marriott International, Inc.
Represented By: Amanda Reagan
Represented By: Ellen E. Dew
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Defendant: CHMB FLORIDA HOTEL MANAGER, LLC
Represented By: Cristobal Antonio Casal
Represented By: Glenn Gunsten
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Defendant: CHM NAPLES II HOTEL PARTNERS, INC.
Represented By: Cristobal Antonio Casal
Represented By: Glenn Gunsten
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Defendant: Holistic Health Healing, Inc.
Represented By: Brooke E. Beebe
Represented By: Ron M. Campbell
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Defendant: LQ Management L.L.C
Represented By: J. Trumon Phillips
Represented By: David S. Sager
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: Cavalier Mergersub LP
Represented By: J. Trumon Phillips
Represented By: David S. Sager
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: BRE
Represented By: David S. Sager
Represented By: J. Trumon Phillips
Represented By: Virginia Weeks
Represented By: Nancy S. Rappaport
Represented By: Nancy Shane Rappaport
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Defendant: LQ FL Properties
Represented By: J. Trumon Phillips
Represented By: David S. Sager
Represented By: Virginia Weeks
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Defendant: Bonita Springs Hotel, LLC
Represented By: Brooke E. Beebe
Represented By: Ron M. Campbell
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