Jane Doe 4 v. Red Roof Inns, Inc. et al
| Jane Doe 4 |
| Choice Hotels International, Inc., John Does 1-10, Red Roof Inns, Inc., BRE/LQ Properties, LLC, Varahi Hotel, LLC, SUB-SU Hotel GP, LLC, WHG SU Atlanta LP, ESA P Portfolio Operating Lessee, LLC, FMW RRI NC, LLC, Westmont Hospitality Group, Inc., CPLG Properties, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc., ESA Management, LLC, LQ Properties, LLC and La Quinta Worldwide, LLC |
| 1:2019cv03845 |
| August 26, 2019 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Civil Rights: Other |
| 18 U.S.C. § 1589 |
| Plaintiff |
Docket Report
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| Filing 54 NOTICE Setting Hearings: The Court sets a status hearing to begin at 9:30 a.m. before the Honorable William M. Ray, II on the following dates: Friday, February 7, 2020, Friday, March 6, 2020, Friday, April 24, 2020, Friday, June 5, 2020, Friday, July 10, 2020, Friday, August 7, 2020, Friday, September 4, 2020 and Friday, October 2, 2020 in Courtroom 1705, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. Signed by Judge William M. Ray, II on 10/23/2019. (jed) |
| Filing 53 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 10/23/2019 re #3 MOTION for Protective Order and MOTION for Leave to Proceed Anonymously. MOTION Hearing set for 11/25/2019 at 09:00 AM in ATLA Courtroom 1705 before Judge William M. Ray II. The Court discussed the motion to transfer cases pending in the Jane Doe 2 & 3 cases. As there are no objections, Judge Ray will contact the other judges to seek a re-assignment (not consolidation) of these related cases. Parties discussed a forthcoming amended complaint and revised proposed protective order. The Court stated it will not rule on the #3 motion yet, but that if parties have not resolved it within 6 months of its filing date, the Court will deny it as moot. Parties advised the motion for protective order should be resolved promptly and the motion for more definite statement would be mooted by an amended complaint. Parties are in consent about additional time for Plaintiff to amend the complaint and adhere to the same time frame as the other Doe cases. The Court will enter the scheduling order as proposed. The Amended Complaint is due by 11/21 and the Answer is due within 21 days thereafter; Initial Disclosures due 12/16; written discovery begins 1/1/20; depositions begin 3/1/20; expert witnesses disclosed by 9/1/20; discovery will end 10/31/20 and summary judgment motions due 11/30/20. The Court cautioned counsel about the need for pushing this case forward in a timely manner. Plaintiffs seek 6 months for discovery; Defendants do not think this is unreasonable but as the identities of the Plaintiffs are still concealed, they cannot agree at this time and argue more than 6 months may be needed. The Court will allow 8 months of discovery. Parties are directed to file any additional/ revised motions for protective order by next Monday; oral argument will occur on Monday, November 25th at 9:00 AM unless the motion is resolved by parties prior. (Court Reporter Wynette Blathers) (jed) (Court Reporter Wynette Blathers)(jed) Modified on 10/23/2019 to change discovery from 10/30 to 10/31 (jkl). |
| Filing 52 NOTICE of Appearance by Charles Kyle Reed on behalf of FMW RRI NC, LLC, Red Roof Inns, Inc., SUB-SU Hotel GP, LLC, WHG SU Atlanta LP, Westmont Hospitality Group, Inc. (Reed, Charles) |
| Filing 51 NOTICE of Appearance by P. Michael Freed on behalf of FMW RRI NC, LLC, Red Roof Inns, Inc., SUB-SU Hotel GP, LLC, WHG SU Atlanta LP, Westmont Hospitality Group, Inc. (Freed, P.) |
Filing 50
ORDER regarding #47 Defendant Choice Hotels International, Inc.'s Motion for Leave. The hearing on the pending Motion for Protective Order and Motion for More Definite Statement will stay on the calendar as originally scheduled. The Court is willing for counsel to arrange with the technology personnel at the Court such that Attorney Turner can appear telephonically to listen in on the hearing, but any argument made on behalf of Defendant Choice Hotels International, Inc. must be made by local counsel who will be present in the courtroom. The Court remains willing to reschedule the hearing to either Monday, October 21, 2019 or Tuesday October 22, 2019, if that will accommodate Attorney Turner's appearance. If counsel for the parties can agree to an alternative time on either of these dates, counsel should immediately notify the Court. Absent notification that the parties have agreed to move the date and time of the hearing, it will remain as scheduled. Signed by Judge William M. Ray, II on 10/17/19. (ddm)
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Filing 49
ORDER granting the parties' #48 Consent Motion to Extinguish and Extend Current Case Deadlines. Defendants are granted an extension to respond to the pleadings in this case, specifically including the Complaint and any Amended Complaint, such response or Answer which must be made within 14 days after service of the Amended Complaint. The date on which the Plaintiff will have to file its amended Complaint will be set at the hearing held on the pending motions, such hearing which is currently scheduled for October 23, 2019. Signed by Judge William M. Ray, II on 10/17/19. (ddm)
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| Filing 48 Consent MOTION To Extinguish And Extend Current Case Deadlines by Plaintiff and by BRE/LQ Properties, LLC, CPLG Properties, LLC, Choice Hotels International, Inc., ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc., FMW RRI NC, LLC, LQ Properties, LLC, La Quinta Worldwide, LLC, Red Roof Inns, Inc., SUB-SU Hotel GP, LLC, WHG SU Atlanta LP, Westmont Hospitality Group, Inc.. (Attachments: #1 Text of Proposed Order To Extinguish And Extend Current Case Deadlines)(Frazier, Delia) |
| Filing 47 Unopposed MOTION for Leave to Attend October 23, 2019 Hearing Telephonically, or in the alternative, Motion to Postpone Hearing to a Later Date by Choice Hotels International, Inc.. (Attachments: #1 Text of Proposed Order)(Alleyne, Janelle) |
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Filing 46
ORDER granting #45 Plaintiff's Motion for Extension of Time. Plaintiff's deadline to amend her complaint as a matter of course as to all Defendants is extended to twenty-one days after the last Defendant files a responsive pleading to the complaint or a motion under Rule 12(b), (e), or (f). Signed by Judge William M. Ray, II on 10/15/19. (ddm)
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| Filing 45 MOTION for Extension of Time Amend Complaint with Brief In Support by Jane Doe 4. (Attachments: #1 Text of Proposed Order Plaintiff's Motion for Extension of Time)(Tonge, Jonathan) |
| Filing 44 REPLY to Response to Motion re #3 MOTION for Protective Order MOTION Protective Order; Leave to Proceed Anonymously filed by Jane Doe 4. (Attachments: #1 Exhibit 1)(Tonge, Jonathan) |
| Filing 43 RESPONSE re #3 MOTION for Protective Order MOTION Protective Order; Leave to Proceed Anonymously filed by ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc.. (Adams, Emily) |
| Filing 42 RESPONSE re #27 MOTION for More Definite Statement filed by Jane Doe 4. (Attachments: #1 Exhibit Exhibit 1- Herrera Complaint, #2 Exhibit Exhibit 2- Herrera Answers, #3 Exhibit Exhibit 3- Discrediting Victims Allegationss)(Tonge, Jonathan) |
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Filing 41
ORDER granting #36 Application for Admission Pro Hac Vice for David S. Sager. Signed by Judge William M. Ray, II on 10/9/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rlb)
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| Clerk's Certificate of Mailing to David S. Sager re #41 Order on Application for Admission PHV. (rlb) |
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Filing 40
Amended Order Setting Hearing on #3 Motion for Protective Order and Leave to Proceed Anonymously and #27 Motion for More Definite Statement for Wednesday, October 23, 2019 at 9:00 a.m. (previous time was 9:30 a.m.) in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 10/8/19. (rlb)
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| APPROVAL by Clerks Office re: #36 APPLICATION for Admission of David S. Sager Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8977894). Documents for this entry are not available for viewing outside the courthouse.. Attorney David S. Sager added appearing on behalf of CPLG Properties, LLC, LQ Properties, LLC, La Quinta Worldwide, LLC (pmb) |
| Filing 39 NOTICE of Appearance by Emily Marie Adams on behalf of ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc. (Adams, Emily) |
| Filing 38 NOTICE of Appearance by Christopher Thomas Byrd on behalf of ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc. (Byrd, Christopher) |
| Filing 37 NOTICE of Appearance by Shubhra R. Mashelkar on behalf of ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc. (Mashelkar, Shubhra) |
| Filing 36 APPLICATION for Admission of David S. Sager Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8977894). Documents for this entry are not available for viewing outside the courthouse.by CPLG Properties, LLC, LQ Properties, LLC, La Quinta Worldwide, LLC. (Frazier, Delia) |
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Filing 35
ORDER Setting Hearing on #3 Motion for Protective Order and Leave to Proceed Anonymously for Wednesday, October 23, 2019 at 09:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 10/2/19. (rlb)
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Filing 34
ORDER granting #24 Application for Admission Pro Hac Vice for Sara Turner. Signed by Judge William M. Ray, II on 10/2/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rlb)
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| Clerk's Certificate of Mailing to Sara Turner re #34 Order on Application for Admission PHV. (rlb) |
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Filing 33
Order Granting Stipulation and Order Vacating Clerk's Entry of Default. The Clerk shall vacate the Entry of Default as to the CPLG Defendants, and the CPLG Defendants' responsive pleadings to Plaintiffs Complaint shall be due on October 31, 2019 re #32 Stipulation. Signed by Judge William M. Ray, II on 10/1/19. (rlb)
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| APPROVAL by Clerks Office re: #24 APPLICATION for Admission of Sara Turner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8960608). Documents for this entry are not available for viewing outside the courthouse.. Attorney Sara Marie Turner added appearing on behalf of Choice Hotels International, Inc. (pmb) |
| Filing 32 STIPULATION re Clerks Entry of Default by BRE/LQ Properties, LLC, CPLG Properties, LLC, LQ Properties, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulation and Order Vacating Clerk's Entry of Default)(Frazier, Delia) |
| ---Vacated Per Order #33 --- Clerks Entry of Default as to BRE/LQ Properties, LLC, CPLG Properties, LLC, LQ Properties, LLC and Varahi Hotel, LLC (rlb) Modified on 10/1/2019 to edit text (rlb). |
| Filing 31 MOTION for Clerks Entry of Default with Brief In Support by Jane Doe 4. (Attachments: #1 Affidavit Affidavit of Jonathan Tonge)(Tonge, Jonathan) |
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Filing 30
ORDER granting #29 Motion for Extension of Time to Answer, La Quinta Worldwide, LLC's responsive pleading shall be due on October 31, 2019. Signed by Judge William M. Ray, II on 9/27/19. (rlb)
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| Filing 29 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by La Quinta Worldwide, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion for Extension of Time)(Frazier, Delia) |
| Filing 28 Certificate of Interested Persons by ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc.. (Moore, Patrick) |
| Filing 27 MOTION for More Definite Statement with Brief In Support by ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc.. (Attachments: #1 Brief)(Moore, Patrick) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to Answer. Defendant Choice's time to answer, object or otherwise respond to Plaintiffs Complaint is hereby extended up to and including Thursday, October 31, 2019. Signed by Judge William M. Ray, II on 9/26/19. (rlb)
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| Filing 25 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Choice Hotels International, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Alleyne, Janelle) |
| Filing 24 APPLICATION for Admission of Sara Turner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8960608). Documents for this entry are not available for viewing outside the courthouse.by Choice Hotels International, Inc.. (Alleyne, Janelle) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to Answer. Defendants Red Roof Inns, Inc., FMW RRI NC, LLC, Westmont Hospitality Group, Inc., WHG SU Atlanta, LP, and Sub-SU Hotel GP, LLC's time to answer shall be extended through and including October 17, 2019. Signed by Judge William M. Ray, II on 9/23/19. (rlb)
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| Filing 22 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by FMW RRI NC, LLC, Red Roof Inns, Inc., SUB-SU Hotel GP, LLC, WHG SU Atlanta LP, Westmont Hospitality Group, Inc.. (Allushi, Admir) |
| Filing 21 Return of Service Executed by Jane Doe 4. Westmont Hospitality Group, Inc. served on 9/9/2019, answer due 9/30/2019. (Tonge, Jonathan) |
| Submission of #3 MOTION for Protective Order MOTION Protective Order; Leave to Proceed Anonymously , to District Judge William M. Ray II. (rlb) |
| Filing 20 Return of Service Executed by Jane Doe 4. SUB-SU Hotel GP, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 19 Return of Service Executed by Jane Doe 4. La Quinta Worldwide, LLC served on 9/6/2019, answer due 9/27/2019. (Tonge, Jonathan) |
| Filing 18 Return of Service Executed by Jane Doe 4. ESA P Portfolio Operating Lessee, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 17 Return of Service Executed by Jane Doe 4. ESA P Portfolio, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 16 Return of Service Executed by Jane Doe 4. ESA Management, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 15 Return of Service Executed by Jane Doe 4. Extended Stay America, Inc. served on 9/6/2019, answer due 9/27/2019. (Tonge, Jonathan) |
| Filing 14 Return of Service Executed by Jane Doe 4. BRE/LQ Properties, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 13 Return of Service Executed by Jane Doe 4. CPLG Properties, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 12 Return of Service Executed by Jane Doe 4. LQ Properties, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 11 Return of Service Executed by Jane Doe 4. Choice Hotels International, Inc. served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 10 Return of Service Executed by Jane Doe 4. WHG SU Atlanta LP served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 9 Return of Service Executed by Jane Doe 4. FMW RRI NC, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 8 Return of Service Executed by Jane Doe 4. Varahi Hotel, LLC served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 7 Return of Service Executed by Jane Doe 4. Red Roof Inns, Inc. served on 9/5/2019, answer due 9/26/2019. (Tonge, Jonathan) |
| Filing 6 NOTICE of Appearance by Trinity Hundredmark on behalf of Jane Doe 4 (Hundredmark, Trinity) |
| Filing 5 NOTICE of Appearance by Patrick J. McDonough on behalf of Jane Doe 4 (McDonough, Patrick) |
| Filing 4 Certificate of Interested Persons by Jane Doe 4. (Tonge, Jonathan) |
| Filing 3 MOTION for Protective Order and Leave to Proceed Anonymously with Brief In Support by Jane Doe 4. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Protective Order and Leave to Proceed Anonymously)(Tonge, Jonathan) Modified on 9/3/2019 to edit text (rlb). |
| Filing 2 Electronic Summons Issued as to BRE/LQ Properties, LLC, CPLG Properties, LLC, Choice Hotels International, Inc., ESA Management, LLC, ESA P Portfolio Operating Lessee, LLC, ESA P Portfolio, LLC, Extended Stay America, Inc., FMW RRI NC, LLC, LQ Properties, LLC, La Quinta Worldwide, LLC, Red Roof Inns, Inc., SUB-SU Hotel GP, LLC, Varahi Hotel, LLC, WHG SU Atlanta LP, Westmont Hospitality Group, Inc. (Attachments: #1 Summons Varahi Hotel LLC, #2 Summons FMW RRI NC LLC, #3 Summons Westmont Hospitality Group, #4 Summons WHG SU Atlanta LP, #5 Summons SUB SU Hotel GP, #6 Summons Choice Hotels International, #7 Summons LQ Properties, #8 Summons CPLG Properties, #9 Summons BRE LQ Properties, #10 Summons La Quinta Worldwide, #11 Summons Extended Stay America, #12 Summons ESA Managmenet LLC, #13 Summons ESA P Portfolio, #14 Summons ESA P Portfolio Operating Lessee)(bnp) |
| Filing 1 COMPLAINT with Jury Demand filed by Jane Doe 4. (Filing fee $400, receipt number AGANDC-8890305) (Attachments: #1 Exhibit Ex1 Westmont website, #2 Exhibit Ex2 Maxwell Article, #3 Exhibit Ex3 Hickson Article, #4 Exhibit Ex4 Hansen Series, #5 Exhibit Ex5 Red Roof reviews, #6 Exhibit Ex6 Red Roof website, #7 Exhibit Ex7 No Refund review, #8 Exhibit Ex8 Red Roofie blog, #9 Exhibit Ex9 Red Roof website overview, #10 Exhibit Ex10 SES reviews, #11 Civil Cover Sheet)(bnp) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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