Brumfiel v. Microtel Inn and Suites by Wyndham et al
Plaintiff: Lisa Kay Brumfiel
Defendant: Microtel Inn and Suites by Wyndham, Microtel Inn and Suites Franchising, Inc, Barryscourt L.C., Barry Smith, Barryscourt LC and Priya 1 LLC
Case Number: 1:2021cv00065
Filed: July 12, 2021
Court: US District Court for the Northern District of Iowa
Presiding Judge: Mark A Roberts
Referring Judge: CJ Williams
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2021 Filing 43 Summons Issued as to Priya 1 LLC. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 New Case Packet) (ePltf) (jjh)
September 1, 2021 Filing 42 SECOND AMENDED Complaint with Jury Demand against Microtel Inn and Suites Franchising, Inc, and Priya 1 LLC, Microtel Inn and Suites by Wyndham, filed by Lisa Kay Brumfiel. (NEF ePltf) (jjh)
September 1, 2021 Opinion or Order Filing 41 ORDER granting #39 Pro se Motion for Extension of Time to File Amended Complaint and granting #40 Pro Se Motion to Amend Complaint. The Clerks Office is directed to detach and file the Second Amended Complaint attached at Doc. 40-1. Signed by Magistrate Judge Mark A Roberts on 9/1/2021. (ePltf) (jjh)
August 30, 2021 Filing 40 PRO SE MOTION to Amend Complaint by Plaintiff Lisa Kay Brumfiel. (Attachments: #1 Second Amended Complaint) (NEF emailed to filer) (kms)
August 30, 2021 Filing 39 PRO SE MOTION for Extension of Time to File Time to File Motion to Amend Complaint by Plaintiff Lisa Kay Brumfiel. (NEF emailed to filer) (kms)
August 13, 2021 Opinion or Order Filing 38 ORDER granting in part in part #34 Motion to File Electronically: Plaintiff may send her filings to the general ECF mailbox at ecfmail@iand.uscourts.govand the Clerk's Office will file Plaintiff's pleadings on CM/ECF. #37 Motion to Amend Complaint denied without prejudice: Plaintiff does not state she has conferred with counsel for the Defendants regarding this motion to determine if they consent. Plaintiff may refile such motion in compliance with Local Rules within 10 days hereof. Signed by Magistrate Judge Mark A Roberts on 8/13/2021. (Mailed to plaintiff) (pac)
August 10, 2021 Filing 37 PRO SE MOTION to Amend Complaint to Correct the Address of the Original Complaint and Add the Proper Defendant by Plaintiff Lisa Kay Brumfiel (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Proposed Second Amended Complaint) (PSLC) (NEF to Plf) (jag)
August 9, 2021 Filing 36 ANSWER to #11 Amended Complaint, by Microtel Inn and Suites Franchising, Inc.(Craig, James)
August 9, 2021 Filing 35 STIPULATION of Dismissal Without Prejudice of Defendants Barryscourt, LC and Barry Smith by Barryscourt LC, Microtel Inn and Suites Franchising, Inc, Barry Smith (Craig, James)
August 6, 2021 Filing 34 PRO SE MOTION to File Electronically by Plaintiff Lisa Kay Brumfiel (NEF eBrumfiel per CJW chambers) (jjh)
August 2, 2021 Filing 33 ANSWER to #11 Amended Complaint, Defendant Barryscourt LC's and Barry Smith, Individually's Answer to Plaintiff's Complaint by Barryscourt LC, Barry Smith.(Craig, James)
July 30, 2021 Filing 32 NOTICE of Appearance by James P Craig on behalf of Barryscourt LC, Microtel Inn and Suites Franchising, Inc, Barry Smith. (Craig, James)
July 12, 2021 Filing 31 NOTICE to Attorney Bruce Scott Dickinson Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 7/26/2021 (copy w/NEF mailed to Plt). (skm)
July 12, 2021 Filing 30 Case transferred in from District of Nevada; Case Number 2:20-cv-02253. Original file certified copy of transfer order and docket sheet received. Modified on 7/12/2021, copy w/NEF mailed to Plt (PSLC notified) (skm). NORTHERN DISTRICT OF IOWA DOCKET BEGINS HERE
July 12, 2021 Judge CJ Williams and Magistrate Judge Mark A Roberts added (no conflicts found). (skm)
July 9, 2021 Opinion or Order Filing 29 ORDER granting #28 Report and Recommendation. It is Ordered that Magistrate Judge Youchah's report and recommendation (ECF No. #28 ) is accepted and the defendants' motion to transfer venue (ECF No. #21 ) is GRANTED. It is further ordered that the clerk of court to transfer this case to the Northern District of Iowa, Cedar Rapids Division, for further proceedings. Signed by Judge Andrew P. Gordon on 7/9/2021. (Copies have been distributed pursuant to the NEF - case transferred to Northern District of Iowa - HAM) [Transferred from Nevada on 7/12/2021.]
June 15, 2021 Filing 28 REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that Defendants Barry Smith, Barryscourt L.C., and Microtel Inns and Suites Franchising Inc.'s Motion to Transfer Venue (ECF. No. #21 ) be GRANTED. IT IS FURTHER RECOMMENDED that the Plaintiff's Complaint be transferred to the Northern District of Iowa for further proceedings. Objections to R&R due by 6/29/2021. Signed by Magistrate Judge Elayna J. Youchah on 6/15/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 7/12/2021.]
June 15, 2021 Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/15/2021. By Judicial Assistant: E. Santiago. On June 14, 2021, the Court granted Defendants Barry Smith, Barryscourt L.C., and Microtel Inns and Suites Franchising Inc.'s Motion to Transfer Venue (ECF No. 21) in error. Accordingly, IT IS HEREBY ORDERED that the Order granting Defendants Barry Smith, Barryscourt L.C., and Microtel Inns and Suites Franchising Inc.'s Motion to Transfer Venue (ECF No. 21) was entered in error and is hereby VACATED.(no image attached) (Copies have been distributed pursuant to the NEF - ES) [Transferred from Nevada on 7/12/2021.]
June 15, 2021 Case reopened. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 7/12/2021.]
June 14, 2021 Filing 26 TRANSMITTAL of case to the District of Northern District of Iowa. Case and docket sheet transferred electronically. (no image attached) (HAM) [Transferred from Nevada on 7/12/2021.]
June 14, 2021 Opinion or Order Filing 25 VACATED ORDER granting #21 Motion to Transfer Venue. The Plaintiff's Complaint is hereby TRANSFERRED to the Northern District of Iowa for further proceedings. Signed by Magistrate Judge Elayna J. Youchah on 6/14/2021. (Copies have been distributed pursuant to the NEF - HAM) Vacated on 6/15/2021 per 27 Minute Order (SLD). [Transferred from Nevada on 7/12/2021.]
May 28, 2021 Filing 24 REPLY to Response to #21 Motion by Defendants Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith. (Dickinson, Bruce) [Transferred from Nevada on 7/12/2021.]
May 20, 2021 Filing 23 RESPONSE to #21 Motion by Plaintiff Lisa Kay Brumfiel. Replies due by 5/28/2021. (HAM) Modified on 5/21/2021 (HAM). [Transferred from Nevada on 7/12/2021.]
May 10, 2021 Filing 22 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Amended Complaint* in this action was filed on* 4/13/2021.* To date no proper proof of service has been filed as to*Microtel Inn and Suites by Wyndham.* FRCP 4(m) dismissal deadline set for 6/9/2021. (SLD) [Transferred from Nevada on 7/12/2021.]
May 7, 2021 Filing 21 MOTION to Transfer Venue by Defendants Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith. Responses due by 5/21/2021. (Dickinson, Bruce) [Transferred from Nevada on 7/12/2021.]
May 7, 2021 Filing 20 CERTIFICATE of Interested Parties by Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith. Grange Mutual Casualty Company added. There are no known interested parties other than those participating in the case. (Dickinson, Bruce) Modified on 5/10/2021 to add interested party (SLD). [Transferred from Nevada on 7/12/2021.]
May 5, 2021 Filing 19 ACCEPTANCE OF SERVICE by Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith on 4/27/2021 re #11 Amended Complaint. (HAM) [Transferred from Nevada on 7/12/2021.]
April 27, 2021 Filing 18 NOTICE of Docket Correction to #16 filed by attorney Bruce Scott Dickinson. The Court has corrected and the changed the event from Summons Returned Executed to Acceptance of Service. No further action is required. Do not refile document. (no image attached) (SLD) [Transferred from Nevada on 7/12/2021.]
April 27, 2021 Filing 17 ERROR: Document terminated - entered in error by Clerk's Office. ACCEPTANCE OF SERVICE by Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith on 4/27/2021 executed by Lisa Kay Brumfiel re #2 Summons Issued, #11 Amended Complaint, and #12 Summons Issued. (SLD) Modified on 4/27/2021 (SLD). [Transferred from Nevada on 7/12/2021.]
April 27, 2021 Filing 16 ACCEPTANCE OF SERVICE by Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith on 4/27/2021 executed re #2 Summons Issued, #11 Amended Complaint, and #12 Summons Issued. SUMMONS Returned Executed by Barryscourt L.C., Microtel Inn and Suites Franchising, Inc, Barry Smith re #11 Amended Complaint. Barryscourt L.C. served on 4/27/2021; Microtel Inn and Suites Franchising, Inc served on 4/27/2021; Barry Smith served on 4/27/2021. (Dickinson, Bruce) Modified event on 4/27/2021 (SLD). [Transferred from Nevada on 7/12/2021.]
April 26, 2021 Opinion or Order Filing 15 ORDER granting in part and denying in part #14 Motion to Serve All Defendants by Email. IT IS ORDERED that Plaintiff's Motion to Serve her Amended Complaint by Email on Microtel Inns and Suites Franchising, Barryscourt, and Barry Smith is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion to Serve her Amended Complaint by Email on Microtel Inn and Suites by Wyndham is DENIED. IT IS FURTHER ORDERD that the responsive pleading to Plaintiff's Amended Complaint shall be due twenty-one (21) calendar days after service on Defendants Microtels Inns and Suites Franchising, Barryscourt, and Barry Smith is effected by Email. IT IS FURTHER ORDERED that Plaintiff shall file the signed Acceptance of Service for each Defendant served by Email upon receipt. Signed by Magistrate Judge Elayna J. Youchah on 4/26/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 7/12/2021.]
April 26, 2021 Filing 14 MOTION to Serve Defendants by Email by Plaintiff Lisa Kay Brumfiel. Responses due by 5/10/2021. (HAM) [Transferred from Nevada on 7/12/2021.]
April 15, 2021 Filing 13 DUPLICATE Filing of #12 Summons Issued and #11 Amended Complaint. (Attachments: #1 Summons) (HAM) [Transferred from Nevada on 7/12/2021.]
April 13, 2021 Filing 12 Summons Issued as to Barryscourt L.C., Barry Smith re #11 Amended Complaint. (HAM) [Transferred from Nevada on 7/12/2021.]
April 13, 2021 Filing 11 PRO SE AMENDED COMPLAINT with Jury Demand against Microtel Inn and Suites by Wyndam, Microtel Inns and Suites Franchising, Inc, Barryscourt L.C., and Barry Smith by Lisa Kay Brumfiel. Adds new parties. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (HAM) Modified to add all defendants on 4/28/2021 (EDS). [Transferred from Nevada on 7/12/2021.] Modified on 7/12/2021 (skm).
April 12, 2021 Filing 10 MOTION to Extend Time (First Request) to Amend #1 Complaint by Plaintiff Lisa Kay Brumfiel. (HAM) [Transferred from Nevada on 7/12/2021.]
April 9, 2021 Filing 9 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 4/9/2021. Before the Court is Plaintiff Brumfiel's Forthwith Motion to Extend Time to Amend Complaint. ECF No. 8. Good cause appearing,IT IS HEREBY ORDERED that, Plaintiff Brumfiel's Forthwith Motion to Extend Time to Amend Complaint (ECF No. 8) is GRANTED.IT IS FURTHER ORDERED that Plaintiff shall have up to and including April 12, 2021 to file an Amended Complaint. (no image attached) (Copies have been distributed pursuant to the NEF - ES) [Transferred from Nevada on 7/12/2021.]
April 9, 2021 Filing 8 MOTION to Extend Time to Amend Complaint by Plaintiff Lisa Kay Brumfiel. (HAM) [Transferred from Nevada on 7/12/2021.]
March 24, 2021 Opinion or Order Filing 7 ORDER granting #4 , #6 Motions to Extend Time. IT IS FURTHER ORDERED that Plaintiff shall have through and including April 8, 2021 to file an Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall have through and including May 10, 2021 to serve any newly named defendant. Signed by Magistrate Judge Elayna J. Youchah on 3/24/2021. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 7/12/2021.]
March 18, 2021 Filing 6 MOTION to Extend Time to Serve New Defendant and Amend #1 Complaint, by Plaintiff Lisa Kay Brumfiel. (HAM) Modified text on 3/18/2021 (SLD). [Transferred from Nevada on 7/12/2021.]
March 8, 2021 Filing 5 Consent for Electronic Service of Documents by Plaintiff Lisa Kay Brumfiel. (HAM) [Transferred from Nevada on 7/12/2021.]
March 8, 2021 Filing 4 MOTION to Extend Time (First Request) to Serve #1 Complaint, #2 Summons Issued by Plaintiff Lisa Kay Brumfiel. (HAM) [Transferred from Nevada on 7/12/2021.]
December 14, 2020 Filing 3 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 7/12/2021.]
December 11, 2020 Filing 2 Summons Issued as to All Defendants. (HAM) (Main Document 2 replaced on 12/15/2020) (HAM). [Transferred from Nevada on 7/12/2021.]
December 11, 2020 Filing 1 PRO SE COMPLAINT against All Defendants (Filing fee $402) by Lisa Kay Brumfiel. Proof of service due by 3/11/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Receipt #NVLAS 073183) (HAM) [Transferred from Nevada on 7/12/2021.] Modified on 7/12/2021 (skm).
December 11, 2020 Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (RT) [Transferred from Nevada on 7/12/2021.]

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Plaintiff: Lisa Kay Brumfiel
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Defendant: Microtel Inn and Suites by Wyndham
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Defendant: Microtel Inn and Suites Franchising, Inc
Represented By: Bruce Scott Dickinson
Represented By: James P Craig
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Defendant: Barryscourt L.C.
Represented By: Bruce Scott Dickinson
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Defendant: Barry Smith
Represented By: Bruce Scott Dickinson
Represented By: James P Craig
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Defendant: Barryscourt LC
Represented By: James P Craig
Represented By: Bruce Scott Dickinson
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Defendant: Priya 1 LLC
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