Levalley v. ESA Management, LLC, et al
Plaintiff: Monique Levalley
Defendant: ESA P PORTFOLIO LESSEE LLC DBA EXTENDED STAY AMERICA, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, ESA Management, LLC and Nataly Baena
Case Number: 6:2020cv01042
Filed: June 12, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Anne C Conway
Referring Judge: Daniel C Irick
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 Filing 27 RESPONSE in Opposition re #22 MOTION for Leave to Amend Complaint filed by ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC. (Attachments: #1 Exhibit 1 - Hearing Transcript, #2 Exhibit 2 - Affidavit of Nataly Baena, #3 Exhibit 3 - Screenshot)(Potucek, William) Modified on 8/10/2020 (RDO).
August 5, 2020 Filing 26 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT)
August 5, 2020 Filing 25 TRANSCRIPT of Telephonic Motion Hearing held on 7/15/20 before Judge Daniel C. Irick. Court Reporter/Transcriber Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 8/26/2020, Redacted Transcript Deadline set for 9/8/2020, Release of Transcript Restriction set for 11/3/2020. (SLT)
August 4, 2020 Opinion or Order Filing 24 ORDER denying #4 Motion to Dismiss; denying #4 Motion for More Definite Statement. Defendant is directed to file an answer to the complaint within 14 days from the date of this order. Signed by Judge Anne C. Conway on 8/3/2020. (counsel mailed/emailed)(AKC)
July 30, 2020 Filing 23 RESPONSE in Opposition re #4 MOTION to Dismiss Complaint or AlternativelyMOTION for More Definite Statement filed by Monique Levalley. (Attachments: #1 Exhibit ORIGINAL COMPLAINT)(Smith, Brandon)
July 30, 2020 Filing 22 MOTION for Leave to Amend Complaint and Memorandum of Law by Monique Levalley. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Affidavit, #3 Exhibit Amended complaint, #4 Exhibit, #5 Exhibit Case law)(Smith, Brandon) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 7/31/2020 (RDO).
July 16, 2020 Set/reset deadlines as to #4 MOTION to Dismiss Complaint or AlternativelyMOTION for More Definite Statement. Responses due by 7/30/2020 (RDO)
July 15, 2020 Opinion or Order Filing 21 ORDER granting #13 Motion to Strike Amended Complaint; denying without prejudice #14 Motion for Leave to Amend Complaint; denying #15 Plaintiff's Response to and Motion to Strike. On or before July 30, 2020, Plaintiff shall respond to Defendants; Motion to Dismiss Complaint or Alternatively for a More Definite Statement (Doc. 4). See Order. Signed by Magistrate Judge Daniel C. Irick on 7/15/2020. (RN)
July 15, 2020 Filing 19 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: TELEPHONIC MOTION HEARING held on 7/15/2020 re #14 MOTION to Amend filed by Monique Levalley, #15 RESPONSE and MOTION to Strike #13 MOTION to Strike filed by Monique Levalley, #13 MOTION to Strike #11 Proposed summons, #9 Amended Complaint, #10 Proposed summons filed by ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. (Digital) (RN)
July 13, 2020 Filing 18 RESPONSE in Opposition re #14 MOTION to Amend and Incorporated Memorandum of Law filed by ESA Management, LLC, ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Nataly Baena)(Potucek, William)
July 6, 2020 Filing 17 NOTICE of Telephonic Hearing on motion re #14 MOTION to Amend , #13 MOTION to Strike #11 Proposed summons, #9 Amended Complaint, #10 Proposed summons , #15 RESPONSE and MOTION to Strike #13 MOTION to Strike. Motion Hearing set for 7/15/2020 at 10:00 AM before Magistrate Judge Daniel C. Irick. At least five minutes before the hearing is scheduled to begin, the parties shall call 1-877-336-1829, and use access code 1180142. The parties shall immediately notify the Court if they resolve all or a part of the pending motion(s) set for hearing.(RN)
June 30, 2020 Filing 16 RESPONSE in Opposition re #15 MOTION to Strike and Incorporated Memorandum of Law filed by ESA Management, LLC, ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. (Potucek, William)
June 30, 2020 Filing 15 RESPONSE and MOTION to Strike #13 MOTION to Strike by Monique Levalley. (Smith, Brandon) Modified on 7/1/2020 (RDO).
June 29, 2020 Filing 14 MOTION to Amend by Monique Levalley. (Attachments: #1 Exhibit Proposed Amended Complaint)(Smith, Brandon) Motions referred to Magistrate Judge Daniel C. Irick.
June 29, 2020 Filing 13 MOTION to Strike #11 Proposed summons, #9 Amended Complaint, #10 Proposed summons by ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. (Potucek, William)
June 29, 2020 Filing 12 SUMMONS issued as to Nataly Baena and ESA Management, LLC. (RDO)
June 29, 2020 Filing 11 PROPOSED summons to be issued by Monique Levalley. (Smith, Brandon)
June 29, 2020 Filing 10 PROPOSED summons to be issued by Monique Levalley. (Smith, Brandon)
June 29, 2020 Filing 9 (STRICKEN BY #21 ORDER) AMENDED COMPLAINT against ESA MANAGEMENT LLC, NATALY BAENA with Jury Demand. filed by Monique Levalley.(Smith, Brandon) Modified on 7/16/2020 (RDO).
June 26, 2020 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested Persons Order by Monique Levalley. (Smith, Brandon) Modified on 6/29/2020 (RDO).
June 26, 2020 Filing 7 NOTICE of pendency of related cases per Local Rule 1.04(d) re #3 Related Case Order by Monique Levalley. Related case(s): no (Smith, Brandon) Modified on 6/29/2020 (RDO).
June 25, 2020 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case/interested persons/ECF-2 by ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. (Potucek, William)
June 25, 2020 Filing 5 NOTICE of pendency of related cases re #3 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. Related case(s): no (Potucek, William)
June 16, 2020 Filing 4 MOTION to Dismiss Complaint or Alternatively, MOTION for More Definite Statement and Incorporated Memorandum of Law by ESA P Portfolio Operating Lessee LLC, ESA P Portfolio, LLC. (Potucek, William) Modified on 6/17/2020 (RDO).
June 15, 2020 Opinion or Order Filing 3 RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing for both Plaintiff and Defendant. Notice of pendency of other actions due by 6/29/2020. Certificate of interested persons and corporate disclosure statement due by 6/29/2020. Signed by Judge Anne C. Conway on 6/15/2020. (copies mailed/emailed)(AKC)
June 15, 2020 Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-1042-Orl-22DCI. (SJB)
June 12, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 9th Judicial Circuit in and for Orange County, case number 2019-CA-015311-O filed in State Court on 12/18/2019. Filing fee $ 400, receipt number 113A-16932493 filed by ESA P Portfolio Operating Lessee LLC. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Summons and Return of Service, #3 Exhibit 3 - Letter to oc and Stip, #4 Exhibit 4 - D's RFA, P's Responses to RFA, Order re RFA, #5 Exhibit 5 - All pleadings, #6 Civil Cover Sheet)(Potucek, William) Modified on 6/16/2020 (RDO).

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Defendant: ESA P PORTFOLIO LESSEE LLC DBA EXTENDED STAY AMERICA
Represented By: William A. Potucek
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Defendant: ESA P Portfolio Operating Lessee, LLC
Represented By: William A. Potucek
Represented By: Michael A. Garcia
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Defendant: ESA P Portfolio, LLC
Represented By: William A. Potucek
Represented By: Michael A. Garcia
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Defendant: ESA Management, LLC
Represented By: William A. Potucek
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Defendant: Nataly Baena
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Plaintiff: Monique Levalley
Represented By: W. Doug Martin
Represented By: Brandon Michael Smith
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