BENSALEM LODGING ASSOCIATES LLC v. HOLIDAY HOSPITALITY FRANCHISING, LLC et al
| BENSALEM LODGING ASSOCIATES LLC |
| Holiday Hospitality Franchising, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP and IHG Owners Association, Inc. |
| 1:2021cv05081 |
| December 13, 2021 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Eleanor L Ross |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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| Clerk's Entry of Dismissal APPROVING #39 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (ceo) |
| Civil Case Terminated. (ceo) |
| Filing 39 NOTICE of Voluntary Dismissal with Prejudice filed by BENSALEM LODGING ASSOCIATES LLC (Gibson, MaryBeth) |
| Filing 38 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
Filing 37
ORDER granting #33 Motion to Consolidate Cases. The PH Lodging Tomball case (No. 1:21-cv-5072-SDG), the Bensalem case (No. 1:21-cv-5081-LMM), and the Synergy Hotels case (1:21-cv-5164-MHC) are transferred to Judge Ross, who currently is presiding over the first filed and first-transferred action; and the above referenced related cases shall be consolidated with the Park 80 Hotels case (No. 1:21-cv-4650-ELR) for pretrial proceedings pursuant to Rule 42(a). Signed by Judge Eleanor L. Ross on 12/29/21. (ceo)
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| Case Reassigned to Judge Eleanor L. Ross. Judge Leigh Martin May no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-05081-ELR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (ceo) |
| Submission of #10 Motion to Dismiss, to District Judge Eleanor L. Ross. (ceo) |
| Filing 36 NOTICE of Appearance by MaryBeth Vassil Gibson on behalf of BENSALEM LODGING ASSOCIATES LLC (Gibson, MaryBeth) |
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Filing 35
ORDER granting #34 Motion to Stay. This case shall be stayed for a period of thirty (30) days from the date of the parties' Consent Motion. Upon the expiration of such period, the parties shall submit a status report as to the issues outlined in their Consent Motion. Signed by Judge Leigh Martin May on 12/23/21. (ceo)
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| Filing 34 Consent MOTION to Stay Or, in the Alternative, Extend Briefing Deadlines as to Defendants' Motion to Dismiss by Holiday Hospitality Franchising, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP. (Attachments: #1 Text of Proposed Order)(Coleman, Ronald) |
| Filing 33 MOTION to Consolidate Cases Stipulated Notice of Related Cases, Joint Motion to Transfer Subsequently Filed Related Cases, and Joint Motion to Consolidated Related Cases for Pretrial Proceedings by Holiday Hospitality Franchising, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP. (Coleman, Ronald) |
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Filing 32
ORDER: Because Defendants consent to the withdrawal and because they will remain represented by counsel, the Court APPROVES the withdrawal. #31 . The Clerk is DIRECTED to terminate Charles S. Marion and Lauren E. O'Donnell as counsel of record for Defendants as of the date of this Order. Signed by Judge Leigh Martin May on 12/22/21. (ceo)
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| Filing 31 NOTICE by Holiday Hospitality Franchising, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP and Certificate of Consent to Withdraw as Counsel (Coleman, Ronald) |
| Filing 30 NOTICE of Appearance by Justin E. Proper on behalf of BENSALEM LODGING ASSOCIATES LLC (Proper, Justin) |
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Filing 29
ORDER: It appears that a motion to dismiss was filed in by Defendants on August 27, 2021, Dkt. No. #10 , but that briefing has not been completed. Defendants have also requested oral argument on the motion. It is hereby ORDERED that Plaintiff file a response to the motion to dismiss within 14 days of the entry of this Order. Defendants may file a reply brief pursuant to Rule 7.1(C) of the Local Rules of this Court. The Court will consider the request for oral argument when briefing is complete. The Clerk is DIRECTED to submit the matter to the undersigned for further consideration 28 days after the entry of this Order. Signed by Judge Leigh Martin May on 12/14/2021. (cmd)
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| Clerk's Certificate of Mailing as to counsel for BENSALEM LODGING ASSOCIATES LLC re #29 Order. (cmd) |
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Filing 28
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 12/13/2021. (bnp)
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| Filing 27 Case transferred in from District of Pennsylvania Eastern; Case Number 2:21-cv-02882. Original file certified copy of transfer order and docket sheet received. |
| Submission of #10 Motion to dismiss, to District Judge Leigh Martin May. (aar) |
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Filing 26
ORDER GRANTING #11 MOTION TO TRANSFER TO THE NORTHERN DISTRICT OF GEORGIA. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 12/10/21. 12/13/21 ENTERED AND COPIES E-MAILED. (va, ) Modified on 12/13/2021 (va, ). [Transferred from Pennsylvania Eastern on 12/13/2021.]
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| Filing 25 MEMORANDUM OPINION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 12/10/21. 12/13/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 24 NOTICE by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP re #11 MOTION to Transfer Notice of Supplemental Authority in Support of Defendants' Motion to Transfer (Attachments: #1 Exhibit A)(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 23 RESPONSE in Support re #11 MOTION to Transfer filed by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP. (O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 22 RESPONSE in Opposition re #11 MOTION to Transfer filed by BENSALEM LODGING ASSOCIATES LLC. (PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
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Filing 21
ORDER GRANTING #20 CONSENT MOTION REGARDING BRIEFING. ACCORDINGLY, IF THIS COURT DENIES DEFENDANTS MOTION TO TRANSFER, (ECF #11 ), PLAINTIFF SHALL FILE A RESPONSE TO DEFENDANTS MOTION TO DISMISS (ECF #10 ), WITHIN TWENTY-EIGHT (28) DAYS OF THE ORDER DENYING TRANSFER, AND DEFENDANTS MAY FILE A REPLY WITHIN TWENTY-ONE (21) DAYS OF THE FILING OF THE RESPONSE TO THE MOTION TO DISMISS. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/19/21. 10/20/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 12/13/2021.]
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| Filing 20 Consent MOTION for Extension of Time to File Response/Reply filed by BENSALEM LODGING ASSOCIATES LLC.Certificate of Service.(PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
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Filing 19
ORDER THAT THE PLAINTIFF'S CONSENT MOTION TO EXTEND DEADLINES TO RESPOND TO DEFENDANTS' MOTION TO DISMISS AND TRANSFER IS GRANTED. PLAINTIFF MAY RESPOND TO DEFENDANTS MOTION TO DISMISS AND MOTION TO TRANSFER BY 10/22/21; ETC.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 9/16/21. 9/16/21 ENTERED AND E-MAILED.(JL ) [Transferred from Pennsylvania Eastern on 12/13/2021.]
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| Filing 18 Consent MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Transfer , #10 MOTION to Dismiss Plaintiff's Complaint filed by BENSALEM LODGING ASSOCIATES LLC.Certificate of Service.(PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
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Filing 17
ORDER GRANTING #14 MOTION FOR PRO HAC VICE ADMISSION OF RONALD T. COLEMAN. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 9/13/21. 9/14/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 12/13/2021.]
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Filing 16
ORDER GRANTING #13 MOTION FOR PRO HAC VICE ADMISSION OF JARED C. MILLER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 9/13/21. 9/14/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 12/13/2021.]
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Filing 15
ORDER GRANTING #12 MOTION FOR PRO HAC VICE ADMISSION OF ANNE HORN BAROODY. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 9/13/21. 9/14/21 ENTERED AND COPIES E-MAILED. (va, ) [Transferred from Pennsylvania Eastern on 12/13/2021.]
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| Filing 14 MOTION for Pro Hac Vice Ronald T. Coleman ( Filing fee $ 40 receipt number APAEDC-15399696.) filed by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP.Certificate of Service.(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 13 MOTION for Pro Hac Vice Jared C. Miller ( Filing fee $ 40 receipt number APAEDC-15399682.) filed by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP.Certificate of Service.(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 12 MOTION for Pro Hac Vice Anne Horn Baroody ( Filing fee $ 40 receipt number APAEDC-15399651.) filed by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP.Certificate of Service.(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 11 MOTION to Transfer filed by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP.Memorandum, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Exhibit 1, #3 Text of Proposed Order)(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 10 MOTION to Dismiss Plaintiff's Complaint filed by HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit 1 - Declaration with attached Exhs A-E, #3 Text of Proposed Order)(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 including InterContinental Hotels Group PLC with Certificate of Service by SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP.(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 including InterContinental Hotels Group PLC with Certificate of Service by HOLIDAY HOSPITALITY FRANCHISING, LLC.(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 7 NOTICE of Appearance by CHARLES S. MARION on behalf of HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP with Certificate of Service(MARION, CHARLES) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 6 NOTICE of Appearance by LAUREN E. O'DONNELL on behalf of HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP with Certificate of Service(O'DONNELL, LAUREN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 5 NOTICE of Voluntary Dismissal by BENSALEM LODGING ASSOCIATES LLC As To IHG OWNERS ASSOCIATION, INC.(PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by BENSALEM LODGING ASSOCIATES LLC. SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP waiver sent on 6/28/2021, answer due 8/27/2021. (PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 3 WAIVER OF SERVICE Returned Executed by BENSALEM LODGING ASSOCIATES LLC. HOLIDAY HOSPITALITY FRANCHISING, LLC waiver sent on 6/28/2021, answer due 8/27/2021. (PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Summons Issued as to HOLIDAY HOSPITALITY FRANCHISING, LLC, IHG OWNERS ASSOCIATION, INC., SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP. E-MAILED To: COUNSEL on 6/30/21 (bw, ) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by BENSALEM LODGING ASSOCIATES LLC.(PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
| Filing 1 COMPLAINT against HOLIDAY HOSPITALITY FRANCHISING, LLC, IHG OWNERS ASSOCIATION, INC., SIX CONTINENTS HOTELS, INC. D/B/A INTERCONTINENTAL HOTELS GROUP ( Filing fee $ 402 receipt number 0313-15220931.), filed by BENSALEM LODGING ASSOCIATES LLC. (Attachments: #1 Exhibit Exhibit A)(PROPER, JUSTIN) [Transferred from Pennsylvania Eastern on 12/13/2021.] |
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