J.R. v. Extended Stay America, Inc. et al
| J. R. |
| Extended Stay America, Inc., Wyndham Hotels & Resorts, Inc., Jai Shree Laxmi LLC, Red Lion Hotels Corporation, Extended Stay America, Inc. doing business as Extended Stay America Jacksonville - Southside St. Johns Town Center, Extended Stay America Jacksonville - Deerwood Park, Extended Stay America Jacksonville - Salisbury Road Southpoint, Wyndham Hotels & Resorts, Inc. doing business as Knights Inn Jacksonville, Jai Shree Laxmi LLC doing business as Emerson Inn and Red Lion Hotels Corporation doing business as Knights Franchise Systems, Inc. |
| 3:2023cv00063 |
| January 18, 2023 |
| US District Court for the Middle District of Florida |
| Harvey E Schlesinger |
| Joel B Toomey |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-21459947 for $150 paid. Special Admission for Non-Resident Attorney Patrick B. Moore. (Hooks, Jonathan) |
Filing 59
ENDORSED ORDER: On October 20, 2023, Patrick B. Moore, Esq., was granted admission and directed to pay the admission fee and register for electronic filing (Doc. 57.) To date, Mr. Moore has not done so. Therefore, on or before November 27, 2023, Mr. Moore shall pay the admission fee and register for electronic filing or else he will be automatically terminated without prejudice as counsel of record. If terminated, he shall make no further oral or written appearance in this case without again moving for and being granted special admission. Signed by Magistrate Judge Joel B. Toomey on 11/13/2023. (TSP)
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Filing 58
ORDER granting #23 #27 #41 #47 Defendants' Motions to Dismiss; and the #2 Complaint is dismissed without prejudice; SEE ORDER FOR ADDITIONAL DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 11/8/2023. (TPL)
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Filing 57
ENDORSED ORDER granting #54 Motion for Special Admission. If Patrick B. Moore, Esq., has not already done so, he shall expeditiously pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 10/20/2023. (TSP)
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| Filing 56 NOTICE TO COUNSEL Maureen A. McCotter; Lyndsay E. Mahalis Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; (Signed by Deputy Clerk). (JK) |
| Filing 55 NOTICE TO COUNSEL Meghan E. McCormick; Amanda J.G. Walbrun; of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK) |
| Filing 54 MOTION for Patrick B. Moore to appear pro hac vice by Extended Stay America, Inc. (Hooks, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. Modified text on 10/20/2023 (JK). |
| Filing 53 CERTIFICATE of interested persons and corporate disclosure statement by Extended Stay America, Inc. (Sausaman, Alison) Modified text on 7/25/2023 (JK). |
| Filing 52 RESPONSE in Opposition re #41 MOTION to Dismiss or For More Definite Statement filed by J. R.. (Walbrun, Amanda) |
| Filing 51 RESPONSE in Opposition re #47 MOTION to Dismiss for Failure to State a Claim filed by J. R.. (Walbrun, Amanda) |
| Filing 50 JOINT Stipulation Regarding Mediator Selection by J. R. (Walbrun, Amanda) (Modified on 5/10/2023, to edit text) (BGR). |
| Filing 49 NOTICE of Lead Counsel Designation by Amanda J.G. Walbrun on behalf of J. R.. Lead Counsel: Amanda J.G. Walbrun. (Walbrun, Amanda) |
| Filing 48 RESPONSE in Opposition re #27 MOTION for More Definite Statement MOTION to Dismiss for Failure to State a Claim filed by J. R.. (Walbrun, Amanda) |
| Filing 47 MOTION to Dismiss for Failure to State a Claim by Red Lion Hotels Corporation. (Attachments: #1 Exhibit)(Kessler, Andrew) |
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Filing 46
ORDER referring case to mediation and directing selection of a mediator within fourteen days of the date of this Order. Mediation shall be conducted on or before November 22, 2024. Signed by Senior Judge Harvey E. Schlesinger on 4/25/2023. (TPL)
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| Filing 45 RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by J. R.. (Walbrun, Amanda) |
| Filing 44 STIPULATION re #41 MOTION to Dismiss or For More Definite Statement by J. R.. (McCormick, Meghan) |
| Filing 43 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 4/20/2024 Dispositive motions due by 5/20/2024 Final Pretrial Conference set for 9/18/2024 at 11:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger Jury Trial set for trial term commencing 11/4/2024 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Deputy Clerk on 4/25/2023. (TPL) (TPL). |
| Filing 42 CASE MANAGEMENT REPORT. (McCormick, Meghan) |
| Filing 41 MOTION to Dismiss or For More Definite Statement by Jai Shree Laxmi LLC. (Sausaman, Alison) |
| Filing 40 Unopposed MOTION for Miscellaneous Relief, specifically for Leave to Proceed in Pseudonym in Pre-Trial Public Filings by J. R.. (McCormick, Meghan) |
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Filing 39
ENDORSED ORDER granting #38 Motion for Special Admission. If Andrew S. Kessler, Esq. has not already done so, he shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 4/3/2023. (KMD)
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| PRO HAC VICE FEES paid by attorneys Shubhra R. Mashelkar, and Christopher T. Byrd, appearing on behalf of Extended Stay America, Inc. (Filing fee $300 receipt number 36443.) Related document: #34 MOTION for Shubhra R. Mashelkar to appear pro hac vice,, #35 MOTION for Christopher T. Byrd to appear pro hac vice. (BD) |
| Filing 38 MOTION for Andrew S. Kessler to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20676837 for $150 Motion for Special Admission by Red Lion Hotels Corporation. (Schoeb, Ryan) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 37
ENDORSED ORDER granting #34 #35 Motions for Special Admission. If Shubhra R. Mashelkar, Esq., and Christopher T. Byrd, Esq., have not already done so, they each shall expeditiously pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 3/30/2023. (TSP)
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Filing 36
ENDORSED ORDER granting #33 Plaintiff's Unopposed Motion for Extension of Time to Respond to Extended Stay America, Inc.'s Motion to Dismiss and for More Definite Statement. Plaintiff shall have up to and including May 2, 2023 to respond to the subject motion. Signed by Magistrate Judge Joel B. Toomey on 3/30/2023. (TSP)
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| Filing 35 MOTION for Christopher T. Byrd to appear pro hac vice Motion for Special Admission by Extended Stay America, Inc.. (Hooks, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 34 MOTION for Shubhra R. Mashelkar to appear pro hac vice Motion for Special Admission by Extended Stay America, Inc.. (Hooks, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION for More Definite Statement MOTION to Dismiss for Failure to State a Claim by J. R.. (Clifton, Douglas) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 32
ENDORSED ORDER granting #29 Defendant's Unopposed Motion for Admission Pro Hac Vice, Written Designation and Consent to Act. If David S. Sager, Esq., has not already done so, he shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 3/29/2023. (TSP)
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| Filing 31 STIPULATION by Red Lion Hotels Corporation. (Schoeb, Ryan) |
| Filing 30 NOTICE of Appearance by Ryan Dennis Schoeb on behalf of Red Lion Hotels Corporation (Schoeb, Ryan) |
| Filing 29 Unopposed MOTION for David S. Sager to appear pro hac vice Amount: $150.00 PAID Tracking Id: AFLMDC-20660220 Attorney Name: J. Trumon Phillips by Wyndham Hotels & Resorts, Inc.. (Phillips, J.) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 28
ENDORSED ORDER granting #26 Plaintiff's Unopposed Motion for Extension of Time to Respond to Wyndham's Motion to Dismiss. Plaintiff shall have up to and including April 25, 2023 to respond to Defendant Wyndham Hotels & Resorts, Inc.'s Motion to Dismiss for Failure to State a Claim #23. Signed by Magistrate Judge Joel B. Toomey on 3/22/2023. (TSP)
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| Filing 27 MOTION for More Definite Statement , MOTION to Dismiss for Failure to State a Claim by Extended Stay America, Inc.. (Hooks, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss for Failure to State a Claim by J. R.. (Clifton, Douglas) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 25 NOTICE TO COUNSEL David Sager and J. Trumon Phillips of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (TPL) |
| Filing 24 NOTICE TO COUNSEL David Sager Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TPL) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim by Wyndham Hotels & Resorts, Inc.. (Phillips, J.) |
| Filing 22 CORPORATE Disclosure Statement by Extended Stay America, Inc.. (Hooks, Jonathan) |
| Filing 21 JOINT Stipulation by Extended Stay America, Inc. (Hooks, Jonathan) (Modified on 3/7/2023, to edit text) (BGR). |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by J. R.. (Clifton, Douglas) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Hotels & Resorts, Inc.. (Phillips, J.) |
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Filing 18
ENDORSED ORDER granting #17 Wyndham Hotels & Resorts, Inc.'s Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendant Wyndham Hotels & Resorts, Inc., d/b/a Knights Inn Jacksonville shall have up to and including March 14, 2023 to respond to the Complaint #2. Signed by Magistrate Judge Joel B. Toomey on 3/1/2023. (TSP)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint (Enlargement of Time to Respond to Complaint) by Wyndham Hotels & Resorts, Inc.. (Phillips, J.) |
| Filing 16 PROOF of service executed on 2/1/2023 by J. R. as to Jai Shree Laxmi, LLC (Clifton, Douglas) (Modified on 3/2/2023, to edit text) (BGR). |
| Filing 15 PROOF of service executed on 2/7/2023 by J. R. as to Wyndham Hotels & Resorts, Inc. (Clifton, Douglas) (Modified on 3/2/2023, to edit text) (BGR). |
| Filing 14 PROOF of service executed on 2/2/2023 by J. R. as to Extended Stay America, Inc. (Clifton, Douglas) (Modified on 3/2/2023, to edit text) (BGR). |
| Filing 13 PROOF of service executed 2/3/2023 by J. R. as to Red Lion Hotels Corporation (Clifton, Douglas) (Modified on 3/2/2023, to edit text) (BGR). |
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Filing 10
ENDORSED ORDER granting #9 Motion for Special Admission. If Amanda J.G. Walbrun, Esq., has not already done so, she shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 1/31/2023. (TSP)
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| Filing 9 MOTION for Amanda J.G. Walbrun to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20453710 for $150 by J. R.. (McCormick, Meghan) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 8 NOTICE of Lead Counsel Designation by Douglas Hill Clifton on behalf of J. R.. Lead Counsel: Douglas H. Clifton. (Clifton, Douglas) |
| Filing 7 NOTICE to counsel Amanda Walburn, Meghan McCormick, and Douglas Clifton 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). (TPL) |
| Filing 6 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). (TPL) |
| Filing 5 NOTICE to counsel Amanda Walburn Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TPL) |
| Filing 4 SUMMONS issued as to All Defendants. (TPL) |
| Filing 3 NEW CASE ASSIGNED to Senior Judge Harvey E. Schlesinger and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-0063-HES-JBT. (SJB) |
| Filing 2 COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. (Filing fee $402 receipt number AFLMDC-20412163) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Proposed Summons Extended Stay America, Inc., #4 Proposed Summons Wyndham Hotels & Resorts, Inc., #5 Proposed Summons Red Lion Hotels Corporation, #6 Proposed Summons Jai Shree Laxmi, LLC)(Clifton, Douglas) Modified on 1/23/2023 to edit text (TPL). |
| Filing 1 Civil Cover Sheet (Filing fee $402 receipt number AFLMDC-20412163) filed by J. R..(Clifton, Douglas) Modified on 1/23/2023 to edit text (TPL). |
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