Tyler v. First Hospitality L.L.C. et al
| Troy Tyler |
| Hawkeye Hotels, Inc., First Hospitality, LLC, First Hospitality Group, Inc., Kerri Blanchard, Kyle Miriani, Dillon Douglas, Brian Atkins, Hilton Worldwide and Curio Collection by Hilton, First Hospitality L.L.C., Neil Upadhyay, Hawkeye Hotels, Inc. doing business as Hotel Fort Des Moines and Hilton Franchise Holding, LLC doing business as Hilton Worldwide and Curio Collection by Hilton |
| 4:2024cv00073 |
| February 21, 2024 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Rebecca Goodgame Ebinger |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 4/18/2024. (Attachments: #1 Supplement Fillable FPTO, #2 Supplement JERS) (amp)
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Filing 29
ORDER SETTING STATUS CONFERENCES. Telephonic Status Conferences set for 10:30 AM on 8/12/2024, 10/9/2024, and 12/10/2024 before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Parties shall file a status report in accordance with this Order at least 2 business days prior to each status conference. Signed by Chief Magistrate Judge Helen C. Adams on 4/18/2024. (amp)
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Filing 28
ORDER adopting #26 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 5/10/2024. Motions to Add Parties due by 6/10/2024. Motions to Amend Pleadings due by 6/10/2024. Plaintiffs Expert Witness Disclosures due by 7/9/2024. Defendants Expert Witness Disclosures due by 9/9/2024. Plaintiffs Rebuttal Witness Disclosures due by 10/7/2024. Discovery Deadline 12/6/2024. Dispositive Motion Deadline 1/6/2025. Final Pretrial Conference set for 10/8/2025 at 10:00 AM in Des Moines - Room 410 - 4th Floor Southeast before Judge Rebecca Goodgame Ebinger. Jury Trial set for 11/17/2025 at 09:00 AM in Des Moines - Room 410 - 4th Floor Southeast before Judge Rebecca Goodgame Ebinger. Estimated length: 8 days. Signed by Chief Magistrate Judge Helen C. Adams on 4/18/2024. (amp)
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| Filing 27 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Scheduling Conference held on 4/17/2024. Attorney Adams appeared on behalf of plaintiff. Attorney Norwood appeared on behalf of defendants. Orders to follow. Total Court Time: 13 minutes. (amp) |
| Filing 26 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Attachments: #1 Attachment 1 to Proposed Trial Scheduling Order)(Conlin, Roxanne) |
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Filing 25
TEXT ORDER Setting Hearing Re: #12 Motion to Dismiss. Motion hearing is set for 4/25/2024 at 08:30 AM in Des Moines - Room 160 - 1st Floor North before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 4/10/2024. (h)
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| Filing 24 REPLY Brief in Support of Partial re #12 MOTION to Dismiss Defendants Hawkeye Hotels, Inc.; First Hospitality, LLC; First Hospitality Group, Inc.; Kerri Blanchard; Kyle Miriani; Dillon Dougals; Neil Upadhyay; and Brian Atkins' Partial Motion to Dismiss filed by Brian Atkins, Kerri Blanchard, Dillon Douglas, First Hospitality Group, Inc., First Hospitality L.L.C., Kyle Miriani, Neil Upadhyay. (Attachments: #1 Affidavit Exhibit A)(Norwood, Olivia) |
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Filing 23
TEXT ORDER finding as moot #14 Motion to Dismiss. In light of #21 Notice of Voluntary Dismissal of Hawkeye Hotels, Inc. and Hilton Franchise Holding, LLC, the court finds Hilton Franchise Holding, LLC's Motion to Dismiss moot and terminates the motion. Signed by Judge Rebecca Goodgame Ebinger on 4/3/2024. (h)
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| Filing 22 TEXT ORDER SETTING SCHEDULING CONFERENCE. A Telephonic Scheduling Conference is set for 10:00 AM on 4/17/2024 before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 4/10/2024. Signed by Chief Magistrate Judge Helen C. Adams on 4/3/2024. (amp) |
| Filing 21 NOTICE of Voluntary Dismissal filed by Troy Tyler dismissing party Hawkeye Hotels, Inc., Hilton Franchise Holding, LLC. (Conlin, Roxanne) |
| Filing 20 RESPONSE to Motion re #12 MOTION to Dismiss Defendants Hawkeye Hotels, Inc.; First Hospitality, LLC; First Hospitality Group, Inc.; Kerri Blanchard; Kyle Miriani; Dillon Dougals; Neil Upadhyay; and Brian Atkins' Partial Motion to Dismiss filed by Troy Tyler. Replies due by 4/5/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6)(Conlin, Roxanne) |
| Filing 19 TEXT ORDER granting #18 Motion for Extension of Time to File. By no later than 3/29/2024, plaintiff shall file a response to #12 . Signed by Chief Magistrate Judge Helen C. Adams on 3/26/2024. (amp) |
| Filing 18 Unresisted MOTION for Extension of Time to File Resistance to Defendants' Partial Motion to Dismiss by Troy Tyler.Motions referred to Helen C. Adams. Responses due by 4/8/2024. (Conlin, Roxanne) |
| Filing 17 TEXT ORDER granting #16 Motion for Leave to Appear Pro Hac Vice Bethany Appleby. Signed by Chief Magistrate Judge Helen C. Adams on 3/21/2024. (btg) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice by Hilton Franchise Holding, LLC. (Knowles, Kelsey) |
| Filing 15 Corporate Disclosure/Statement of Interest by Hilton Franchise Holding, LLC. (Knowles, Kelsey) |
| Filing 14 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by Hilton Franchise Holding, LLC.Motions referred to Helen C. Adams. Responses due by 4/4/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit A)(Knowles, Kelsey) |
| Filing 13 Corporate Disclosure/Statement of Interest by First Hospitality Group, Inc., First Hospitality L.L.C., Hawkeye Hotels, Inc.. (Norwood, Olivia) |
| Filing 12 MOTION to Dismiss Defendants Hawkeye Hotels, Inc.; First Hospitality, LLC; First Hospitality Group, Inc.; Kerri Blanchard; Kyle Miriani; Dillon Dougals; Neil Upadhyay; and Brian Atkins' Partial Motion to Dismiss by Brian Atkins, Kerri Blanchard, Dillon Douglas, First Hospitality Group, Inc., First Hospitality L.L.C., Hawkeye Hotels, Inc., Kyle Miriani, Neil Upadhyay. Responses due by 3/25/2024. (Attachments: #1 Memorandum in Support of Partial Motion to Dismiss, #2 Exhibit A to the Memorandum in Support of Partial Motion to Dismiss, #3 Exhibit B to the Memorandum in Support of Partial Motion to Dismiss, #4 Exhibit C to the Memorandum in Support of Partial Motion to Dismiss, #5 Exhibit D to the Memorandum in Support of Partial Motion to Dismiss, #6 Exhibit E to the Memorandum in Support of Partial Motion to Dismiss, #7 Exhibit A to the Affidavit of David Feltman)(Norwood, Olivia) |
| Filing 11 Second AMENDED COMPLAINT against Brian Atkins, Kerri Blanchard, Dillon Douglas, First Hospitality Group, Inc., First Hospitality L.L.C., Hawkeye Hotels, Inc., Hilton Franchise Holding, LLC, Kyle Miriani, Neil Upadhyay., filed by Troy Tyler. (sml) |
| Filing 10 TEXT ORDER granting #9 Motion to Amend/Correct First Amended Petition at Law and Jury Demand by Troy Tyler. The Clerk shall detach and file the Corrected Second Amended Petition at Law and Jury Demand [9-1]. The Court denies as moot #8 Motion to Amend/Correct First Amended Petition at Law and Jury Demand by Troy Tyler. Signed by Chief Magistrate Judge Helen C. Adams on 3/7/2024. (k) |
| Filing 9 ***ERRATA TO FILING #8 ***Unresisted MOTION to Amend/Correct #8 Unresisted MOTION to Amend/Correct First Amended Petition at Law and Jury Demand by Troy Tyler.Motions referred to Helen C. Adams. Responses due by 3/20/2024. (Attachments: #1 Corrected Second Amended Petition at Law and Jury Demand)(Conlin, Roxanne) Modified on 3/7/2024 (sml). |
| Filing 8 Unresisted MOTION to Amend/Correct First Amended Petition at Law and Jury Demand by Troy Tyler.Motions referred to Helen C. Adams. Responses due by 3/20/2024. (Attachments: #1 Second Amened Petition at Law and Jury Demand)(Conlin, Roxanne) |
| Filing 7 TEXT ORDER granting for good cause shown #6 Motion for Extension of Time until March 12, 2024, to Answer re #1 Notice of Removal by Hilton Franchise Holding LLC. Signed by Chief Magistrate Judge Helen C. Adams on 2/28/2024. (k) |
| Filing 6 Unresisted MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by Hilton Franchise Holding LLC.Motions referred to Helen C. Adams. (Knowles, Kelsey) |
| Filing 5 NOTICE of Appearance by Kelsey J. Knowles on behalf of Hilton Franchise Holding LLC (Knowles, Kelsey) |
| Filing 4 TEXT ORDER granting for good cause shown #3 Motion for Extension of Time to Answer. Defendants First Hospitality, LLC, First Hospitality Group, Inc., Kerri Blanchard, Kyle Miriani, Dillon Douglas, Neil Upadhyay, Brian Atkins, and Hawkeye Hotels, Inc.'s deadline for responding to the First Amended Petition is extended to March 11, 2024. Signed by Chief Magistrate Judge Helen C. Adams on 2/27/2024. (k) |
| Filing 3 MOTION for Extension of Time to File Answer by Brian Atkins, Kerri Blanchard, Dillon Douglas, First Hospitality Group, Inc., First Hospitality L.L.C., Hotel Fort Des Moines, Kyle Miriani, Neil Upadhyay.Motions referred to Helen C. Adams. (Attachments: #1 Text of Proposed Order Proposed Order to Unopposed Motion to Extend Responsive Pleading Deadline)(Penick, Bridget) |
| Filing 2 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for defendant 3/21/2024. (bp) |
| Filing 1 NOTICE OF REMOVAL by Dillon Douglas, First Hospitality Group, Inc., Brian Atkins, First Hospitality, LLC, Kerri Blanchard, Hawkeye Hotels, Inc., Kyle Miriani from Iowa District Court for Polk County, case number LACL157287. Filing fee paid in the amount of $ 405, receipt number AIASDC-5381449., filed by Dillon Douglas, First Hospitality Group, Inc., Brian Atkins, First Hospitality, LLC, Kerri Blanchard, Hawkeye Hotels, Inc., Kyle Miriani. Rule 16 Notice of Dismissal set for 5/21/2024. (Attachments: #1 Exhibit State Court Filings, #2 Supplement LR 81 Certificate)(Penick, Bridget) |
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