A.D. v. Whydham Hotels & Resorts, Inc. et al
| A. D. |
| Wyndham Hotels & Resorts, Inc. and QUORUM HOTELS & RESORTS, LTD. |
| 2:2022cv00643 |
| October 11, 2022 |
| US District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 63
ORDER directing the Clerk to close the case pursuant to the parties' #62 Stipulation. Signed by Judge John E. Steele on 7/24/2023. (RKR)
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Filing 62
Stipulation of Dismissal with Prejudice by A. D. (Wood, Hilary) (Modified on 7/24/2023, to edit text) (BGR).
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Filing 61
ORDER directing administrative closure for a period of 45 days. All deadlines are terminated. Signed by Judge John E. Steele on 6/15/2023. (RKR)
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Filing 60
Joint RESPONSE TO ORDER TO SHOW CAUSE re #59 Order to show cause filed by Wyndham Hotels & Resorts, Inc. (Phillips, J.) Modified text on 6/15/2023 (SEH).
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Filing 59
ORDER to show cause why a default should not be entered as to Wyndham Hotels & Resorts, Inc. for failure to respond to the Second Amended Complaint. Show Cause Response due by 6/20/2023. Signed by Judge John E. Steele on 6/13/2023. (RKR)
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Filing 58
ORDER re #57 Notice of settlement filed by Quorum Hotels & Resorts, Ltd. dismissing this defendant without prejudice for a period of 45 days to allow the parties to file a stipulation for dismissal. Signed by Judge John E. Steele on 6/6/2023. (RKR)
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Filing 57
NOTICE of pending settlement by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke) Modified text on 6/6/2023 (SEH).
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Filing 56
ENDORSED ORDER granting #55 unopposed motion to withdraw as counsel for plaintiff. Attorney Janelle E. Zabresky shall have no further responsibility in this case. The clerk is directed to discontinue sending attorney Zabresky electronic notifications. Signed by Magistrate Judge Nicholas P. Mizell on 5/22/2023. (BB)
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Filing 55
MOTION for Janelle E. Zabresky to Withdraw as Attorney by A. D. (Zabresky, Janelle) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 54
ENDORSED ORDER granting #53 defendants' unopposed motion for more time. By June 5, 2023, defendants must respond to the second amended complaint. Signed by Magistrate Judge Nicholas P. Mizell on 5/15/2023. (BB)
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Filing 53
Unopposed MOTION for Extension of Time to File Defendants' Response to Second Amended Complaint by Wyndham Hotels & Resorts, Inc. (Phillips, J.) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 5/15/2023 (SEH).
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Filing 52
SECOND AMENDED COMPLAINT against Quorum Hotels & Resorts, Ltd., Wyndham Hotels & Resorts, Inc. with Jury Demand filed by A. D. (Avila, Kathryn) Modified text on 5/9/2023 (SEH).
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Filing 51
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/31/2024, 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)
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Filing 50
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)
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Filing 49
Joint MOTION to Modify #35 Case Management Scheduling Order by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 48
OPINION and ORDER granting #18 defendant Wyndham Hotels & Resorts, Inc.'s Motion to Dismiss; granting in part and denying in part #24 defendant Quorum Hotels & Resorts, Ltd.'s Motion to Dismiss. The Complaint is dismissed without prejudice. Plaintiff is granted leave to file an amended complaint within TWENTY-ONE (21) DAYS of this Opinion and Order. Signed by Judge John E. Steele on 4/17/2023. (TLP)
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Filing 47
NOTICE of Appearance by Nancy Shane Rappaport on behalf of Wyndham Hotels & Resorts, Inc. (Rappaport, Nancy)
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Filing 46
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)
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Filing 45
ENDORSED ORDER granting in part #44 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)
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Filing 44
Joint MOTION for Protective Order by A. D. (Attachments: #1 Exhibit Protective Order)(Paulos, Emmie) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 43
Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 3/2/2023. (WRW)
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Filing 42
NOTICE of Appearance by Hilary N. Wood on behalf of A. D. (Wood, Hilary)
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Filing 41
ENDORSED ORDER denying #40 defendant Quorum's unopposed motion for lead counsel to appear telephonically. Attorney Ron Campbell has appeared as counsel of record for Quorum and may attend the March 2, 2023, status conference on behalf of Quorum. Signed by Magistrate Judge Nicholas P. Mizell on 2/24/2023. (BB)
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Filing 40
Unopposed MOTION for Brooke E. Beebe to appear telephonically at Status Conference on 3/2/2023 by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified to edit text on 2/24/2023 (LMF).
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Filing 39
ORDER granting #38 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)
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Filing 38
Unopposed MOTION for Entry of Stipulated Protective Order by A. D. (Attachments: #1 Text of Proposed Order)(Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell. (Modified on 2/13/2023, to edit text) (BGR).
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Filing 37
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)
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Filing 36
REPLY in Support of #24 Amended MOTION to Dismiss filed by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke) Modified text on 1/23/2023 (SEH).
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Filing 35
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 1/26/2024 at 09:30 AM before Judge John E. Steele Jury Trial term 2/5/2024 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)
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Filing 34
ORDER granting in part and denying in part #32 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)
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Filing 33
ENDORSED ORDER granting #31 defendant Quorum's unopposed motion for more time. By January 20, 2023, Quorum must file its reply in further support of its motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 1/18/2023. (BB)
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Filing 32
Joint MOTION to Amend the Case Schedule by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 1/18/2023 (SEH).
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Filing 31
Unopposed MOTION for Extension of Time to Reply to Plaintiff's A.D.'s #29 Response in Opposition to Defendant, Quorum Hotels & Resorts, Ltd.'s Motion to Dismiss by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 1/18/2023 (SEH).
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Filing 30
REPLY in Support of its #18 MOTION to Dismiss filed by Wyndham Hotels & Resorts, Inc. (Phillips, J.) Modified text on 1/11/2023 (SEH).
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Filing 29
RESPONSE in Opposition to Defendant Quorum Hotels & Resorts, Ltd's #24 Amended MOTION to Dismiss Plaintiff's Complaint or Motion to Strike and Memorandum of Law in Support Thereof filed by A. D. (Zabresky, Janelle) Modified text on 1/3/2023 (SEH).
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Filing 28
RESPONSE in Opposition to Defendant Wyndham Hotels & Resorts, Inc.'s #18 MOTION to Dismiss Complaint filed by A. D. (Avila, Kathryn) Modified text on 12/22/2022 (SEH).
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Filing 27
APPEARANCE of Counsel by Janelle Zabresky on behalf of A. D. (Zabresky, Janelle) Modified text on 12/22/2022 (SEH).
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Filing 26
ENDORSED ORDER granting in part #25 plaintiff's request for more time to respond to the motion to dismiss. Defendant Quorum's motion to dismiss was filed on November 14. It was amended on December 8, but only to include a 3.01(g) certification. Plaintiff must respond by December 30. By January 13, Quorum may a file reply of up to seven pages in further support of its motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 12/12/2022. (BB)
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Filing 25
Unopposed MOTION for Extension of Time to File Response/Reply as to #24 Amended MOTION to Dismiss Plaintiff's Complaint or Motion to Strike and Memorandum of Law in Support Thereof by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 24
Amended MOTION to Dismiss Plaintiff's Complaint or Motion to Strike and Memorandum of Law in Support Thereof by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke)
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Filing 23
ENDORSED ORDER granting #22 unopposed motion for more time to respond. By December 21, 2022, plaintiff A.D. must respond to the pending motions to dismiss in case nos. 2:22-cv-643 through 2:22-cv-652. By January 10, 2023, defendants may file replies of up to seven pages in further support of their motions to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 12/5/2022. (BB)
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Filing 22
Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Complaint by A. D. (Avila, Kathryn) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 21
ENDORSED ORDER granting #20 defendant Quorum's unopposed motion for more time to respond. By December 9, 2022, Quorum must respond to the complaint. The court notes that all of the motions to dismiss that were the subject of the November 15 order and not filed by attorney Beebe have already been renewed, with most of the other attorneys curing the Local Rule 3.01(g) deficiency within three days. As discussed during the Rule 16 conference in the first-filed matter, the parties and their counsel are expected to proceed with all due diligence so as to avoid the need for any amendments to the scheduling order. Signed by Magistrate Judge Nicholas P. Mizell on 11/30/2022. (BB)
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Filing 20
Unopposed MOTION for Extension of Time to File Response to Complaint by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 19
ORDER denying without prejudice #17 Motion to Dismiss. Signed by Judge John E. Steele on 11/15/2022. (RKR)
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Filing 18
MOTION to Dismiss Complaint by Wyndham Hotels & Resorts, Inc. (Phillips, J.)
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Filing 17
MOTION to Dismiss Complaint or Motion to Strike and Memorandum of Law in Support by Quorum Hotels & Resorts, Ltd. (Beebe, Brooke) Modified text on 11/14/2022 (JK).
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Filing 16
CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Hotels & Resorts, Inc.. (Phillips, J.)
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Filing 15
NOTICE of Appearance by Virginia Weeks on behalf of Wyndham Hotels & Resorts, Inc. (Weeks, Virginia)
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Filing 14
NOTICE of Appearance by David S. Sager on behalf of Wyndham Hotels & Resorts, Inc. (Sager, David)
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Filing 13
NOTICE of Appearance by J. Trumon Phillips on behalf of Wyndham Hotels & Resorts, Inc. (Phillips, J.)
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Filing 12
JOINT NOTICE OF SELECTION of Gary Larsen as mediator by A. D. (Avila, Kathryn) Modified text on 11/7/2022 (JK).
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Filing 11
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)
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Filing 10
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)
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Filing 9
TEXT ORDER: Without motion or an additional fee, an attorney granted special admission in the first-filed action (2:22-cv-00095-JES-NPM) may appear specially in this action by filing a notice of appearance that references the corresponding order of admission in the first-filed action. Given the severance of the first-filed action into several separate cases, special admission in the severed cases does not constitute additional appearances for purposes of determining whether the specially admitted lawyer is maintaining a regular practice of law in Florida. Signed by Magistrate Judge Nicholas P. Mizell on 10/20/2022. (BB)
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Filing 8
TEXT ORDER: The parties have already conducted their Rule 26(f) meeting, case management report, and preliminary pretrial conference in the original case, 2:22-cv-00095-JES-NPM. A case management and scheduling order will be entered separately. All other provisions of the civil action order (Doc #6) remain in effect. Signed by Magistrate Judge Nicholas P. Mizell on 10/20/2022. (BB)
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Filing 7
Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-643-JES-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (SMG)
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Filing 6
CIVIL Action Order Signed by All Divisional Judges on 10/17/2022. (JK)
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Filing 5
ORDER directing the Clerk to reassign the magistrate to the Honorable Magistrate Judge Nicholas Mizell. Signed by Judge John E. Steele on 10/14/2022. (RKR)
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Filing 4
Case Reassigned to Judge John E. Steele. New case number: 2:22-cv-643-JES-KCD. Judge Sheri Polster Chappell no longer assigned to the case. (LMW)
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Filing 3
ENDORSED ORDER directing the Clerk to REASSIGN this action to Senior U.S. District Judge John E. Steele, with his consent, for all future purposes per Local Rule 1.07(a)(2)(A). Signed by Judge Sheri Polster Chappell on 10/12/2022. (LAF)
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Filing 2
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0643-SPC-KCD. (SJB)
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Filing 1
COMPLAINT against Quorum Hotels & Resorts, Inc., Wyndham Hotels & Resorts, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20078276) filed by A. D. (Attachments: #1 Civil Cover Sheet)(Avila, Kathryn) Modified on 10/12/2022 to edit docket text (LMW).
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