A.D. v. Corepoint Lodging, Inc. et al
A. D. |
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 |
2:2022cv00095 |
February 11, 2022 |
US District Court for the Middle District of Florida |
Nicholas P Mizell |
John E Steele |
P.I.: Other |
28 U.S.C. § 1332 Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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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) |
Filing 184 NOTICE by A. D. OF RESOLUTION (Wood, Hilary) |
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) |
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) |
Filing 181 Joint MOTION to Modify #170 Case Management Scheduling Order by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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) |
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. |
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) |
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). |
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. |
Filing 174 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 3/2/2023. (WRW) |
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) |
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. |
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) |
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) |
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) |
Filing 168 Joint MOTION for Miscellaneous Relief, specifically Amend Case Schedule by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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). |
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). |
Filing 165 Joint NOTICE OF SELECTION of Mediator by A. D. (Avila, Kathryn) Modified on text 11/7/2022 (SEH). |
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) |
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) |
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) |
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). |
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) |
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) |
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) |
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) |
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) |
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). |
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). |
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). |
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). |
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). |
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). |
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). |
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). |
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.) |
Filing 146 SUPPLEMENT re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym by A. D. (Wood, Hilary) |
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). |
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). |
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). |
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). |
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). |
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). |
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). |
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). |
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) |
Filing 135 ORAL MOTION for Extension of Time to serve Initial Disclosures. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 134 ORAL MOTION for Extension of Time to File Notice of Selection of Mediator. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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) |
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) |
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). |
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) |
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). |
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). |
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). |
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). |
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). |
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). |
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. |
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). |
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. |
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. |
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) |
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). |
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. |
Filing 116 CERTIFICATE of interested persons and corporate disclosure statement by Quorum Hotels & Resorts, LTD. (Beebe, Brooke) |
Filing 115 CERTIFICATE of interested persons and corporate disclosure statement by A. D. (Avila, Kathryn) |
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) |
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) |
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) |
Filing 111 NOTICE of Appearance by Hilary N. Wood on behalf of A. D. (Wood, Hilary) |
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) |
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) |
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) |
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) |
Filing 107 NOTICE of Appearance by Andrew Darlington on behalf of Best Western International, Inc. (Darlington, Andrew) |
Filing 106 NOTICE of Appearance by Patrick M. Boland on behalf of Tampa Bay Hotels, LLC (Boland, Patrick) |
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. |
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. |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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.) |
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). |
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). |
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). |
Filing 92 RESPONSE in Opposition re #12 MOTION to Dismiss Amended Complaint filed by A. D. (Avila, Kathryn) |
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.) |
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.) |
Filing 89 NOTICE of a related action per Local Rule 1.07(c) by Apex Hospitality, LLLP. Related case(s): No (Preston, David) |
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) |
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.) |
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) |
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) |
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) |
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) |
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) |
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). |
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.) |
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. |
Filing 78 NOTICE of a related action per Local Rule 1.07(c) by Marriott International, Inc. Related case(s): No (Reagan, Amanda) |
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. |
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. |
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. |
Filing 74 CASE MANAGEMENT REPORT. (Avila, Kathryn) |
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) |
Filing 72 CERTIFICATE of interested persons and corporate disclosure statement by Holistic Health Healing, Inc. (Beebe, Brooke) |
Filing 71 CERTIFICATE of interested persons and corporate disclosure statement by Bonita Springs Hotel 1, LLC. (Beebe, Brooke) |
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) |
Filing 69 NOTICE of a related action per Local Rule 1.07(c) by Holistic Health Healing, Inc. Related case(s): No (Beebe, Brooke) |
Filing 68 NOTICE of a related action per Local Rule 1.07(c) by Quorum Hotels & Resorts, LTD.. Related case(s): No (Beebe, Brooke) |
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). |
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) |
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) |
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. |
Filing 63 NOTICE of Appearance by Michelle Zeiger on behalf of Best Western International, Inc. (Zeiger, Michelle) |
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. |
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. |
Filing 60 NOTICE of Appearance by Brooke E. Beebe on behalf of Quorum Hotels & Resorts, LTD. (Beebe, Brooke) |
Filing 59 CERTIFICATE of interested persons and corporate disclosure statement by Marriott International, Inc. (Reagan, Amanda) |
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). |
Filing 57 RESPONSE to Motion re #35 MOTION for Miscellaneous Relief, specifically Leave to Proceed in Pseudonym filed by Marriott International, Inc. (Reagan, Amanda) |
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. |
Filing 55 NOTICE of Appearance by Ron M. Campbell on behalf of Holistic Health Healing, Inc. (Campbell, Ron) |
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. |
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. |
Filing 52 MOTION to Dismiss Amended Complaint by Holistic Health Healing, Inc. (Beebe, Brooke) |
Filing 51 MOTION to Dismiss Amended Complaint by Bonita Springs Hotel 1, LLC. (Beebe, Brooke) |
Filing 50 NOTICE of Appearance by Brooke E. Beebe on behalf of Holistic Health Healing, Inc. (Beebe, Brooke) |
Filing 49 MOTION to Dismiss Plaintiff's Amended Complaint by CHM Naples II Hotel Partners, Inc., CHMB Florida Hotel Manager, LLC. (Gunsten, Glenn) |
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. |
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) |
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) |
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) |
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. |
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. |
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. |
Filing 41 NOTICE of a related action per Local Rule 1.07(c) by Choice Hotels International, Inc. Related case(s): No (Dorough, Marisa) |
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). |
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). |
Filing 38 NOTICE of Appearance by Marisa Rosen Dorough on behalf of Choice Hotels International, Inc. (Dorough, Marisa) |
Filing 37 NOTICE of Appearance by Amanda Reagan on behalf of Marriott International, Inc. (Reagan, Amanda) |
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). |
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. |
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). |
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). |
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) |
Filing 31 MOTION to Dismiss Plaintiff's First Amended Complaint by Apex Hospitality, LLLP. (Preston, David) |
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) |
Filing 29 SUMMONS reissued as to Holistic Health Healing, Inc. (JK) |
Filing 28 SUMMONS reissued as to CPLG Wellesley Properties, LLC. (JK) |
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. |
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) |
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) |
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) |
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) |
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) |
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). |
Filing 20 NOTICE of Appearance by Ron M. Campbell on behalf of Bonita Springs Hotel 1, LLC (Campbell, Ron) |
Filing 19 NOTICE of Appearance by Brooke E. Beebe on behalf of Bonita Springs Hotel 1, LLC (Beebe, Brooke) |
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. |
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. |
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) |
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. |
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) |
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) |
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). |
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). |
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). |
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) |
Filing 8 PROPOSED summons to be issued by A. D. (Attachments: #1 Proposed Summons)(Avila, Kathryn) Modified on 5/9/2022 (jmc). |
Filing 7 PROPOSED summons to be issued by A. D. as to all defendants (Avila, Kathryn) Modified on 5/6/2022 (jmc). |
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). |
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) |
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) |
Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 2/16/2022. (FN) |
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) |
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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