Days Inns Worldwide, Inc., v. Umiya Mataji Investment, Inc., et al
| DAYS INNS WORLDWIDE, INC., and Days Inns Worldwide, Inc. |
| UMIYA MATAJI INVESTMENT, INC.,, JAYANTI PATEL, JAIMINI PATEL, VIPOOL PATEL, PAYAL PATEL and Umiya Mataji Investment, Inc. |
| Mediator Roger Stetson |
| 3:2023cv00235 |
| January 25, 2023 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mediator Roger Stetson has been selected, contacted and has agreed to serve as Mediator for this action. Signed by Brian Konkel on behalf, and with consent, of all Counsel of Record on 8/23/2023. (Konkel, Brian) |
Filing 34
ORDER GRANTING #33 MOTION for Extension of Time to file a Stipulation of Mediator Selection filed by Days Inns Worldwide, Inc. Stipulation Selecting Mediator to be filed by 8/22/2023. Signed by Judge J. Phil Gilbert on 8/9/2023. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 MOTION for Extension of Time to file a Stipulation of Mediator Selection by Days Inns Worldwide, Inc.. (Konkel, Brian) |
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Filing 32
SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. The Final Pretrial Conference is scheduled for 5/30/2024 at 9:00 AM with a Bench Trial date of 6/17/2024 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Discovery due by 1/23/2024. Dispositive Motions due by 2/22/2024. Stipulation Selecting Mediator to be filed by 8/9/2023. Mandatory Mediation Session to be completed by 12/22/2023. Mandatory Mediation Program Completion due by 2/7/2024. Signed by Judge J. Phil Gilbert on 7/12/2023. (Attachments: #1 Joint Report)(tag)
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Filing 31
SHOW CAUSE ORDER. The parties have failed to submit their joint report by the required date. The parties are ORDERED to SHOW CAUSE within 7 days as to why this Court should not dismiss this case for failure to prosecute. The parties may also provide the Joint Report to the Court within 7 days in lieu of a response to the show cause. Joint Proposed Discovery due by 7/12/2023. Signed by Judge J. Phil Gilbert on 7/5/2023. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 30
ORDER granting #29 Motion for Leave to File Late Answer. The #28 Answer is accepted as timely. Signed by Judge J. Phil Gilbert on 6/30/2023. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 29 MOTION for Leave to File Answer One Day Out Of Time by All Defendants. (Kanzler, Jay) |
| Filing 28 ANSWER to #1 Complaint, by All Defendants.(Kanzler, Jay) |
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Filing 27
ORDER, granting #26 Consent MOTION for Extension of Time to File Answer re #1 Complaint, filed by Jaimini Patel, Umiya Mataji Investment, Inc., Payal Patel, Jayanti Patel, Vipool Patel. Answer due 6/28/2023. Signed by Judge J. Phil Gilbert on 6/22/2023. (jdh)
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| Jaimini Patel answer due 6/28/2023; Jayanti Patel answer due 6/28/2023; Payal Patel answer due 6/28/2023; Vipool Patel answer due 6/28/2023; Umiya Mataji Investment, Inc. answer due 6/28/2023. (aza) |
| Filing 26 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by All Defendants. (Kanzler, Jay) |
| Filing 25 CJRA TRACK B assigned: The Final Pretrial Conference is scheduled for 5/30/2024 at 9:00 AM with a Bench Trial date of 6/17/2024 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 28 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. Joint Proposed Discovery due by 7/3/2023. (tag) |
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Filing 24
MANDATORY MEDIATION REFERRAL ORDER. Signed by Judge J. Phil Gilbert on 6/12/2023. (tag)
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Filing 23
MEMORANDUM AND ORDER, granting #21 MOTION to Set Aside Default filed by Jaimini Patel, Umiya Mataji Investment, Inc., Payal Patel, Jayanti Patel, Vipool Patel. The Court DIRECTS the Clerk of the Court to VACATE its previous entry of default. Signed by Judge J. Phil Gilbert on 5/31/2023. (jdh)
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| Filing 22 RESPONSE to Motion re #21 MOTION to Set Aside Default filed by Days Inns Worldwide, Inc.. (Konkel, Brian) |
| Filing 21 MOTION to Set Aside Default by Jaimini Patel, Jayanti Patel, Payal Patel, Vipool Patel, Umiya Mataji Investment, Inc.. (Attachments: #1 Affidavit Affidavit of Jaimini Patel)(Kanzler, Jay) |
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Filing 20
ORDER granting #19 Motion for Leave to File. Defendants' motion to Set Aside the Clerk's Entry of Default is due by May 12, 2023. Signed by Judge J. Phil Gilbert on 5/9/2023. (jsh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Action due by 5/12/2023. (aza) |
| Filing 19 MOTION for Leave to File to File Motion to Set Aside Clerk's Entry of Default by Jaimini Patel, Jayanti Patel, Payal Patel, Vipool Patel, Umiya Mataji Investment, Inc.. (Kanzler, Jay) |
| Filing 18 NOTICE of Appearance by Jay L. Kanzler, Jr on behalf of Jaimini Patel, Jayanti Patel, Payal Patel, Vipool Patel, Umiya Mataji Investment, Inc. (Kanzler, Jay) |
| Filing 17 VACATED per Order 23 - Clerk's ENTRY OF DEFAULT as to Days Inns Worldwide, Inc., #16 MOTION for Entry of Default of Defendants Umiya Mataji Investment, Inc., Jayanti Patel, Jaimini Patel, Vipool Patel, and Payal Patel filed by Days Inns Worldwide, Inc..(aza) |
| Filing 16 MOTION for Entry of Default of Defendants Umiya Mataji Investment, Inc., Jayanti Patel, Jaimini Patel, Vipool Patel, and Payal Patel by Days Inns Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Konkel, Brian) |
| Filing 15 NOTICE OF MODIFICATION re #11 Summons Returned Executed filed by Days Inns Worldwide, Inc.. Filer used incorrect date of service. Service updated to reflect 2/17/2023, for all three parties served. Answer due date updated to 3/10/2023. No further action is required by the filer in relation to this notification. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 SUMMONS Returned Executed by Days Inns Worldwide, Inc.. Jaimini Patel served on 3/6/2023, answer due 3/27/2023. (Couch, Bryan) |
| Filing 13 NOTICE OF MODIFICATION re #12 Summons Returned Executed, filed by Days Inns Worldwide, Inc.. Filer used incorrect date of service. Service updated to reflect 2/20/2023, for all three parties served. Answer due date updated to 3/13/2023. No further action is required by the filer in relation to this notification. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 SUMMONS Returned Executed by Days Inns Worldwide, Inc.. Jayanti Patel served on 2/20/2023, answer due 3/13/2023; Vipool Patel served on 2/20/2023, answer due 3/13/2023; Umiya Mataji Investment, Inc. served on 2/20/2023, answer due 3/13/2023. (Couch, Bryan) Modified on 2/24/2023 (jaj). |
| Filing 11 SUMMONS Returned Executed by Days Inns Worldwide, Inc.. Payal Patel served on 2/16/2023, answer due 3/9/2023. (Konkel, Brian) |
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Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice by Attorney Donaldson on behalf of Days Inns Worldwide, Inc.(aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER granting #7 Motion to Appear Pro Hac Vice by Attorney Couch on behalf of Days Inns Worldwide, Inc. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION to Appear Pro Hac Vice by Attorney Yvette Donaldson $200 fee paid,receipt number AILSDC-5003137 by on behalf of Days Inns Worldwide, Inc.. (Donaldson, Yvette) |
| Filing 7 MOTION to Appear Pro Hac Vice by Attorney Bryan Paul Couch $200 fee paid,receipt number AILSDC-5003090 by on behalf of Days Inns Worldwide, Inc.. (Couch, Bryan) |
| Filing 6 Summonses Issued as to Jaimini Patel, Jayanti Patel, Payal Patel, Vipool Patel, Umiya Mataji Investment, Inc., and originals mailed to Attorney Konkel. (kdw) |
| Filing 5 Summons Requested. (Attachments: #1 Summons Jayanti Patel, #2 Summons Payal Patel, #3 Summons Umiya Mataji Investments, Inc., #4 Summons Vipool Patel)(Konkel, Brian) |
| Filing 4 SUPPLEMENT by Days Inns Worldwide, Inc.. Supplement to #1 Complaint, Exhibit 5 - Civil Cover Sheet Attachment. (Konkel, Brian) |
| Filing 3 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 3:23-cv-00235-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (aza) |
| Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by DAYS INNS WORLDWIDE, INC., identifying Corporate Parent Wyndham Hotel Group, LLC, Other Affiliate The Vanguard Group, Other Affiliate Capital Research Global Investors, Other Affiliate Wyndham Hotels & Resorts, Inc. for DAYS INNS WORLDWIDE, INC.,. (Konkel, Brian) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4985220.), filed by DAYS INNS WORLDWIDE, INC.,. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - SynXis Agreement, #3 Exhibit C - Guaranty, #4 Exhibit D - 1.30.20 Letter Acknowledgement, #5 Civil Cover Sheet, #6 Supplement Attachment to Civil Cover Sheet)(Konkel, Brian) |
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