Hawthorn Suites Franchising, Inc. v. Abe Pacific Heights Properties, LLC et al
| Hawthorn Suites Franchising, Inc. |
| Abe Pacific Heights Properties, LLC, Calvin J. Abe and Donna Fujii |
| 1:2015cv01771 |
| May 18, 2015 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| Amy Totenberg |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 44 Joint Stipulation of Dismissal with prejudice, by Hawthorn Suites Franchising, Inc. (Wiech, Christopher) |
Filing 43
ORDER - Pursuant to the Settlement Agreement, certain parties are obligated to make payments to another party over a period of time. In the event the Payors default on any of the Settlement Payments and upon notification of the same to the Court by the Payee's counsel that Payors are in default, that Payors have been given written notice of default, and that Payors have failed to cure said default pursuant to the Settlement Agreement, the Parties agree that they Payee shall be entitled to an immediate ex parte judgment, instanter, with no further consent by the Payors required, in the Judgment Amount as set forth in Section 2 of the Parties' Settlement Agreement. The Court retains jurisdiction over this matter for the purpose of enforcing the terms of this Consent Order. The Clerk is DIRECTED to close the case. Signed by Judge Amy Totenberg on 4/25/2017. (jtj)
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| Civil Case Terminated. (jtj) |
| Filing 42 NOTICE of Settlement and Request for Administrative Closure by Hawthorn Suites Franchising, Inc. (Attachments: #1 Proposed Order of Administrative Closure)(Wiech, Christopher) |
| Filing 41 PROPOSED CONSENT ORDER. (Wiech, Christopher) |
| Submission of #41 Proposed Consent Order, submitted to District Judge Amy Totenberg. (jtj) |
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Filing 40
ORDER denying #28 Motion for Summary Judgment; denying #36 Motion to Strike. The Court ORDERS the parties to engage in mediation with a private mediator within 45 DAYS of this Order. The Court DIRECTS the parties to file a notice on the docket informing the Court as to their selection of a mediator and the date for the scheduled mediation. In the event mediation is not successful, the parties SHALL file their consolidated pretrial order within 20 DAYS of the conclusion of mediation. Signed by Judge Amy Totenberg on 2/1/17. (jpa)
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| Filing 39 Notice for Leave of Absence for the following date(s): 9/21/16-9/23/16, 9/27/16-9/30/16, 10/03/16-10/18/16, by Christopher A. Wiech. (Wiech, Christopher) |
| Submission of #36 Objection and MOTION to Strike Affidavits, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 38 REPLY BRIEF to Response to Motion re #36 Objection and MOTION to Strike Affidavits of Suzanne Fenimore filed by Calvin J. Abe, Calvin J. Abe, Abe Pacific Heights Properties, LLC, Abe Pacific Heights Properties, LLC, Donna Fujii, Donna Fujii. (Spainhour, Laurel Elizabeth) Modified on 6/20/2016 to edit event text (bnw). |
| Filing 37 RESPONSE in Opposition to #36 Objection and MOTION to Strike Affidavits, filed by Hawthorn Suites Franchising, Inc. (Attachments: #1 Exhibit 1, #2 Declaration of Bryan P. Couch, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Wiech, Christopher) |
| Filing 36 Objection and MOTION to Strike Affidavits with Brief In Support re #35 Reply Brief to #28 MOTION for Summary Judgment, by Calvin J. Abe, Abe Pacific Heights Properties, LLC, Donna Fujii. (Spainhour, Laurel Elizabeth) |
| Submission of #28 Plaintiff's MOTION for Summary Judgment, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 35 REPLY BRIEF in Support of #28 MOTION for Summary Judgment filed by Hawthorn Suites Franchising, Inc. (Attachments: #1 Exhibit 1, #2 Affidavit, #3 Exhibit, #4 Exhibit)(Wiech, Christopher) |
| Submission of #34 Consent MOTION for Extension of Time for Plaintiff to File a Reply Brief in Support of its Motion for Summary Judgment, submitted to District Judge Amy Totenberg. (jtj) |
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MINUTE ORDER GRANTING #34 Motion for Extension of Time. Plaintiff's deadline to file a reply brief in support of its motion for summary judgment is extended from 5/05/2016 to 5/12/2016. Ordered by Judge Amy Totenberg on 5/05/2016. (jtj)
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| Filing 34 Consent MOTION for Extension of Time for Plaintiff to File a Reply Brief in Support of its Motion for Summary Judgment by Hawthorn Suites Franchising, Inc. (Wiech, Christopher) |
| Filing 33 AFFIDAVIT re #32 Response to Statement of Material Facts, #31 Response in Opposition to Motion, by Calvin J. Abe, Abe Pacific Heights Properties, LLC, Donna Fujii. (Spainhour, Laurel Elizabeth) |
| Filing 32 Response to Statement of Material Facts re #28 MOTION for Summary Judgment filed by Calvin J. Abe, Calvin J. Abe, Abe Pacific Heights Properties, LLC, Abe Pacific Heights Properties, LLC, Donna Fujii, Donna Fujii. (Spainhour, Laurel Elizabeth) |
| Filing 31 RESPONSE in Opposition re #28 MOTION for Summary Judgment filed by Calvin J. Abe, Calvin J. Abe, Abe Pacific Heights Properties, LLC, Abe Pacific Heights Properties, LLC, Donna Fujii, Donna Fujii. (Attachments: #1 Exhibit Pl.'s Resp. to RFA)(Spainhour, Laurel Elizabeth) |
| Filing 30 NOTICE of Filing Deposition Transcript of Donna Fujii re #28 MOTION for Summary Judgment, by Hawthorn Suites Franchising, Inc. (Attachments: #1 Deposition Transcript of Donna Fujii, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Wiech, Christopher) |
| Filing 29 NOTICE of Filing Deposition Transcript of Calvin J. Abe re #28 MOTION for Summary Judgment, by Hawthorn Suites Franchising, Inc. (Attachments: #1 Deposition Transcript of Calvin Abe, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Wiech, Christopher) |
| Filing 28 MOTION for Summary Judgment with Brief In Support by Hawthorn Suites Franchising, Inc.. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Statement of Material Facts)(Wiech, Christopher) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 27 Notice for Leave of Absence for the following date(s): 2/29/16-3/7/16, 4/4/16-4/6/16, 5/19/16-5/23/16, 9/22/16-9/23/16, by Christopher A. Wiech. (Wiech, Christopher) |
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Filing 26
ORDER GRANTING #25 Motion for Extension of Time to Complete Discovery. Discovery ends on 3/1/2016. The deadline to hold the Parties Local Rule 16.3 Conference be extended up to and including March 15, 2016; and the deadline to file Summary Judgment Motions, and if no such Motions are filed, deadline submit the Parties consolidated pretrial order be extended until and including March 31, 2016. NO FURTHER EXTENSION WILL BE GRANTED ABSENT GOOD CAUSE. Signed by Judge Amy Totenberg on 2/01/2016. (jtj)
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| Submission of #25 Consent MOTION for Extension of Time to Complete Discovery and File Motions, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 25 Consent MOTION for Extension of Time to Complete Discovery and File Motions by Hawthorn Suites Franchising, Inc.. (Attachments: #1 Proposed Consent Order)(Wiech, Christopher) |
| Filing 24 CERTIFICATE OF SERVICE of Discovery by Calvin J. Abe, Abe Pacific Heights Properties, LLC, Donna Fujii.(Spainhour, Laurel Elizabeth) |
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Filing 23
ORDER GRANTING #22 Motion for Extension of Time to Complete Discovery. The remaining deadlines set forth in the Joint Preliminary Report and Discovery Plan [Doc. 19] are extended 60 days. Discovery ends on 1/29/2016. The deadline to hold the Parties' Local Rule 16.3 Conference is extended up to and including February 12, 2016; and the deadline to file Summary Judgment Motions, and if no such Motions are filed, deadline submit the Parties' consolidated pretrial order is extended until and including February 28, 2016. Signed by Judge Amy Totenberg on 12/01/2015. (jtj)
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| Filing 22 Consent MOTION for Extension of Time to Conduct Discovery and File Motions re: #19 Joint Preliminary Report and Discovery Plan by Calvin J. Abe, Calvin J. Abe, Abe Pacific Heights Properties, LLC, Abe Pacific Heights Properties, LLC, Donna Fujii, Donna Fujii. (Attachments: #1 Text of Proposed Order)(Spainhour, Laurel Elizabeth) |
| Submission of #22 MOTION for Extension of Time to Complete Discovery, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 21 CERTIFICATE OF SERVICE of Defendants' First Interrogatories, First Request for Production of Documents and First Request for Admissions by Calvin J. Abe, Abe Pacific Heights Properties, LLC, Donna Fujii.(Spainhour, Laurel Elizabeth) |
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Filing 20
SCHEDULING ORDER APPROVING #19 Joint Preliminary Report and Discovery Plan. The Court ORDERS that the time limits for adding parties amending the pleadings, filing motions, completing discovery, and discussing settlement are as stated in JPRDP. Signed by Judge Amy Totenberg on 9/10/2015. (jtj)
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| Filing 19 Amended JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hawthorn Suites Franchising, Inc.. (Attachments: #1 Supplement Defendant's Statement of Jurisdictional Objection)(Wiech, Christopher) |
| Submission of #19 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj) |
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Filing 18
ORDER DIRECTING the parties to file an amended JPRDP with the required jurisdictional statement NO LATER THAN AUGUST 25, 2015. Signed by Judge Amy Totenberg on 8/19/2015. (jtj)
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| Submission of #17 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 17 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hawthorn Suites Franchising, Inc.. (Caplan, Richard) |
| Filing 16 ANSWER to #11 Counterclaim and Affirmative Defenses by Hawthorn Suites Franchising, Inc. (Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 Return of Service Executed by Hawthorn Suites Franchising, Inc.. Donna Fujii served on 6/12/2015, answer due 7/6/2015. (Wiech, Christopher) |
| Filing 14 Return of Service Executed by Hawthorn Suites Franchising, Inc.. Abe Pacific Heights Properties, LLC served on 6/12/2015, answer due 7/6/2015. (Wiech, Christopher) |
| Filing 13 Return of Service Executed by Hawthorn Suites Franchising, Inc.. Calvin J. Abe served on 6/12/2015, answer due 7/6/2015. (Wiech, Christopher) |
| Filing 12 Certificate of Interested Persons and Corporate Disclosure Statement by Calvin J. Abe, Abe Pacific Heights Properties, LLC, Donna Fujii. (Spainhour, Laurel Elizabeth) |
| Filing 11 ANSWER to #1 COMPLAINT with Jury Demand and Affirmative Defenses ( Discovery ends on 11/30/2015.), COUNTERCLAIM against Hawthorn Suites Franchising, Inc. with Jury Demand by Calvin J. Abe, Donna Fujii, Abe Pacific Heights Properties, LLC.(Spainhour, Laurel Elizabeth) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 10 NOTICE of Appearance by Laurel Elizabeth Creek Spainhour on behalf of Calvin J. Abe, Abe Pacific Heights Properties, LLC, Donna Fujii (Spainhour, Laurel Elizabeth) |
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Filing 9
ORDER GRANTING #6 Application of Kelly A. Krug for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 6/25/2015. (jtj)
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Filing 8
ORDER GRANTING #5 Application of Bryan P. Couch for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 6/25/2015. (jtj)
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| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Bryan P. Couch Pro Hac Vice (Application fee $ 150, receipt number 113E-5873358). Attorney Bryan P. Couch added appearing on behalf of Hawthorn Suites Franchising, Inc. (pb) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Kelly A. Krug Pro Hac Vice (Application fee $ 150, receipt number 113E-5873361). Attorney Kelly A. Krug added appearing on behalf of Hawthorn Suites Franchising, Inc. (pb) |
| Filing 7 NOTICE of Leave of Absence for the following dates: July 6 - July 17, 2015; September 28 - October 2, 2015 and October 7 - October 9, 2015 by Christopher Wiech. (Wiech, Christopher) |
| Filing 6 APPLICATION for Admission of Kelly A. Krug Pro Hac Vice (Application fee $ 150, receipt number 113E-5873361) with Brief In Support by Hawthorn Suites Franchising, Inc.. (Attachments: #1 Text of Proposed Order)(Wiech, Christopher) |
| Filing 5 APPLICATION for Admission of Bryan P. Couch Pro Hac Vice (Application fee $ 150, receipt number 113E-5873358) with Brief In Support by Hawthorn Suites Franchising, Inc.. (Attachments: #1 Text of Proposed Order)(Wiech, Christopher) |
| Filing 4 Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 6/02/2015. (jtj) |
| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Hawthorn Suites Franchising, Inc. identifying Corporate Parent, Wyndham Hotel Group, LLC, and Other Affiliate, Wyndham Worldwide Corporation for Hawthorn Suites Franchising, Inc.. (eop) |
| Filing 2 Electronic Summons Issued as to Calvin J. Abe, Abe Pacific Heights Properties, LLC and Donna Fujii. (Attachments: #1 C. Abe, #2 D. Fujii)(eop) |
| Filing 1 COMPLAINT filed by Hawthorn Suites Franchising, Inc.. ( Filing fee $ 400.00 receipt number 113E-5827761.) (Attachments: #1 Ex. - A, #2 Ex. - B, #3 Ex. - C, #4 Ex. - D, #5 Ex. - E, #6 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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