JWJ Hotel Holdings, Inc. v. W&H Realty, LLC et al
Plaintiff: JWJ Hotel Holdings, Inc.
Defendant: W&H Realty, LLC, Greggory D. Groves and Jacqueline O. Dowdy
Case Number: 2:2018cv02409
Filed: August 13, 2018
Court: US District Court for the District of Kansas
Office: Kansas City Office
County: XX US, Outside State
Presiding Judge: Kathryn H Vratil
Nature of Suit: Real Property: Other
Cause of Action: 28:1446
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2018 ***Civil Case Terminated pursuant to #27 Notice of Voluntary Dismissal without Prejudice.(hw)
August 16, 2018 Filing 27 NOTICE OF VOLUNTARY DISMISSAL by JWJ Hotel Holdings, Inc. (Masoner, Michelle)
August 13, 2018 Filing 26 Letter to counsel on Transfer In of case regarding pro hac vice requirements. (hw)
August 13, 2018 Filing 25 CASE TRANSFERRED IN from District of Ohio Southern; Case Number 1:18-cv-00454. Electronic file certified copy of transfer order and docket sheet received. (hw)
August 9, 2018 Case transferred to District of Kansas. Case file and docket sheet sent Electronically. (sct) [Transferred from Ohio Southern on 8/13/2018.]
August 9, 2018 Opinion or Order Filing 24 ORDER granting #2 Motion to Transfer Venue, denying without prejudice #11 Motion for Preliminary Injunction and Motion to Appoint Receiver, and terminating this case in this court. Signed by Judge Timothy S. Black on 8/9/18. (sct) [Transferred from Ohio Southern on 8/13/2018.]
August 7, 2018 Filing 23 NOTICE by Plaintiff JWJ Hotel Holdings, Inc. of filing copies of the Adversary Proceeding No. 18-06055: Complaint and Motion for TRO and Preliminary Injunction filed by Defendant in Kansas Bankruptcy Court and Order of the Bankruptcy Court denying said motion (Attachments: #1 Exhibit Complaint filed in Kansas Bankruptcy Court, #2 Exhibit Motion for Preliminary Injunction Filed in Kansas Bankruptcy Court, #3 Exhibit Order of Kansas Bankruptcy Court Denying Motion for Preliminary Injunction) (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
August 6, 2018 Filing 22 Transcript of Proceedings (Motion Hearing) held on July 30, 2018, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/27/2018. Redacted Transcript Deadline set for 9/6/2018. Release of Transcript Restriction set for 11/5/2018. (Lavin, Luke) [Transferred from Ohio Southern on 8/13/2018.]
July 31, 2018 Filing 20 NOTICE by Plaintiff JWJ Hotel Holdings, Inc. of Filing Exhibits Under Seal (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 30, 2018 Opinion or Order Minute Entry and Notation Order: This case came before the Court on 7/30/18 at 10:30 a.m. for oral argument on Plaintiff's motion for a receiver and preliminary injunction as well as Defendants' motion to change venue. Joseph Braun and Philomena Ashdown appeared on behalf of Plaintiff; Andrew Owen, Nicholas Zluticky, Doug Lutz and Bill O'Brien appeared on behalf of Defendants. Counsel for Plaintiff and Defendants presented oral argument. Plaintiff's motion to file under seal (Doc. #15 ) is GRANTED; the Court finds compelling reasons exist for the seal in that Plaintiff seeks to keep financial and proprietary information confidential, those reasons outweigh the public's interest, and the seal is narrowly tailored. This seal is limited to allowing Plaintiff to file confidential information in support of its motion for preliminary injunction and does not guarantee documents filed under seal now will be kept sealed at trial. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (Court Reporter Luke Lavin.) (jlm) [Transferred from Ohio Southern on 8/13/2018.]
July 27, 2018 Filing 19 NOTICE by Plaintiff JWJ Hotel Holdings, Inc. re #17 Reply to Response to Motion, of Filing of Executed Supplemental Affidavit of Michael Kammerer (Attachments: #1 Affidavit Supplemental Affidavit of Michael Kammerer) (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 27, 2018 Opinion or Order Filing 18 ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Nicholas J. Zluticky. Signed by Judge Timothy S. Black on 7/26/18. (jlm) [Transferred from Ohio Southern on 8/13/2018.]
July 26, 2018 Filing 17 REPLY to Response to Motion re #11 MOTION to Appoint Receiver MOTION for Permanent Injunction MOTION for Preliminary Injunction and Permanent Injunction and Appoint Receiver filed by Plaintiff JWJ Hotel Holdings, Inc.. (Attachments: #1 Affidavit Exh A; Supplemental Affidavit of Michael Kammerer, #2 Exhibit Exh B; TRO Motion filed by Defendants July 25 2018 in Kansas Bankr Court) (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 26, 2018 Filing 16 REPLY to Response to Motion re #2 MOTION to Change Venue filed by Defendants Jacqueline O. Dowdy, Greggory D. Groves. (Owen, Andrew) [Transferred from Ohio Southern on 8/13/2018.]
July 24, 2018 Opinion or Order Notation Order: Plaintiff shall file its reply memorandum in support of its motion for preliminary injunction by 7/26/18; Defendants shall file their reply memorandum in support of their motion to transfer by 7/26/18. Oral argument on both motions, by telephone, is set for 7/30/18 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/24/18. (jlm) [Transferred from Ohio Southern on 8/13/2018.]
July 23, 2018 Filing 15 MOTION to File Document Under Seal by Plaintiff JWJ Hotel Holdings, Inc.. (Attachments: #1 Exhibit A - Affidavit of Joseph J. Braun) (Braun, Joseph) [Transferred from Ohio Southern on 8/13/2018.]
July 20, 2018 Filing 14 RESPONSE in Opposition re #11 MOTION to Appoint Receiver MOTION for Permanent Injunction MOTION for Preliminary Injunction and Permanent Injunction and Appoint Receiver filed by Defendants Jacqueline O. Dowdy, Greggory D. Groves. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA) (Owen, Andrew) [Transferred from Ohio Southern on 8/13/2018.]
July 18, 2018 Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6523514) of Nicholas J. Zluticky by Defendants Jacqueline O. Dowdy, Greggory D. Groves. (Attachments: #1 Certificate of Good Standing) (Owen, Andrew)[Transferred from Ohio Southern on 8/13/2018.]
July 17, 2018 Filing 12 NOTICE by Plaintiff JWJ Hotel Holdings, Inc. re #1 Notice of Removal,, Regarding Federal Bankruptcy Rule 9027(e)(3) (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 13, 2018 Filing 11 MOTION for Preliminary Injunction and Permanent Injunction and Appoint Receiver by Plaintiff JWJ Hotel Holdings, Inc.. (Attachments: #1 Affidavit of Michael Kammerer, #2 Exhibit Resume of Proposed Receiver, #3 Text of Proposed Order Appointing Receiver) (Ashdown, Philomena). Added MOTION to Appoint Receiver, MOTION for Permanent Injunction on 7/16/2018 (sct). [Transferred from Ohio Southern on 8/13/2018.]
July 13, 2018 Filing 10 RESPONSE in Opposition re #2 MOTION to Change Venue to the District of Kansas filed by Plaintiff JWJ Hotel Holdings, Inc.. (Attachments: #1 Exhibit 1 - First Amended and Restated Operating Agreement, #2 Exhibit 2 - Attachment to Corrected Order Confirming Plan, #3 Exhibit 3 - Notice of Filing of Plans Supplement, #4 Exhibit 4 - Transcript of Bankruptcy Court 5-14-18) (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 13, 2018 If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) [Transferred from Ohio Southern on 8/13/2018.]
July 9, 2018 Opinion or Order Minute Entry and Notation Order: This case came before the Court on 7/9/18 at 2:30 p.m. for an informal conference by telephone pursuant to S.D. Ohio Civ. R. 65.1 regarding Plaintiff's motion for temporary restraining order. Philomena Ashdown and Joseph Braun appeared on behalf of Plaintiff; Andrew Owen, Doug Lutz, and Nicholas Zluticky appeared on behalf of Defendants. Plaintiff shall file a memorandum in opposition to Defendants' motion to change venue (Doc. 2) by 7/13/18. Plaintiff shall file a motion for preliminary injunction, including any affidavits and other evidentiary materials, by 7/13/18. Defendants shall file their memorandum in opposition, including any affidavits and other evidentiary materials, by 7/20/18. After Defendants have responded to Plaintiff's motion for a preliminary injunction, the Court will reach out to the parties to schedule reply deadlines for both pending motions, and oral argument if necessary. The Court will defer ruling on Plaintiff's request for preliminary injunctive relief until its motion for preliminary injunction is fully briefed. Additionally, Defendants' unopposed oral motion for an extension of time to respond to the Complaint is GRANTED; Defendants shall respond to the Complaint within two weeks after the Court's ruling on Defendants' motion to transfer (Doc. 2). IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm) [Transferred from Ohio Southern on 8/13/2018.]
July 9, 2018 Filing 9 CERTIFICATE OF SERVICE by Plaintiff JWJ Hotel Holdings, Inc. re #3 Notice of Appearance, #4 Notice of Appearance (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 9, 2018 Notice re #3 and #4 Notices of Appearance: The documents were filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filings use the "Certificate of Service" event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Notices of Appearance when prompted. (sct) [Transferred from Ohio Southern on 8/13/2018.]
July 9, 2018 Filing 7 REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order MOTION to Appoint Receiver filed by Plaintiff JWJ Hotel Holdings, Inc.. (Attachments: #1 Exhibit Exh 1 Plan Confirmation Order Sections 10 and 37, #2 Exhibit Exh 2 Plan Attachment- Treatment of JWJ/AJJ objections, #3 Exhibit Exh 3 WHR Lexington Promissory Note to Fifth Third, #4 Exhibit Exh 4 Consent ot Western & Southern to Receiver Appointment) (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 7, 2018 Opinion or Order Notation Order: Pursuant to Local Rule 65.1, the Court sets this case for an informal preliminary conference by telephone on 7/9/18 at 2:30 p.m. for the purpose of discussing Plaintiff's motion for temporary restraining order. Plaintiff shall provide notice of this conference to counsel for Defendant W&H Realty, LLC. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/06/18. (jlm) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 8 RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order MOTION to Appoint Receiver filed by Defendant Jacqueline O. Dowdy. (Filed in Hamilton County Common Pleas Court). (jlm) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 6 MOTION for Temporary Restraining Order, MOTION to Appoint Receiver by Plaintiff JWJ Hotel Holdings, Inc. Originally filed in Hamilton County Court of Common Pleas on 6/21/18. (Attachments: #1 Affidavit of Michael Kammerer) (sct) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 5 COMPLAINT against All Defendants, filed by JWJ Hotel Holdings, Inc. Originally filed in Hamilton County Court of Common Pleas on 6/21/18. (Attachments: #1 Exhibits A-J) (sct) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 4 NOTICE of Appearance by Joseph J Braun for Plaintiff JWJ Hotel Holdings, Inc. (Braun, Joseph) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 3 NOTICE of Appearance by Philomena S Ashdown for Plaintiff JWJ Hotel Holdings, Inc. (Ashdown, Philomena) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 2 MOTION to Change Venue by Defendants Jacqueline O. Dowdy, Jacqueline O. Dowdy, Greggory D. Groves. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Owen, Andrew) [Transferred from Ohio Southern on 8/13/2018.]
July 6, 2018 Filing 1 NOTICE OF REMOVAL from Hamilton County Common Pleas Court, case number A1803093 ( Filing fee $ 400 paid - receipt number: 0648-6509205), filed by Greggory D. Groves, Jacqueline O. Dowdy(In Her Capacity as Co-Trustee), Jacqueline O. Dowdy(In Her Capacity as Co-Manager of W&H Realty, LLC). (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Complaint, #4 Motion for TRO and Receiver, #5 Summons, #6 Notice of Hearing, #7 Certified Mail - return service, #8 Memorandum in Opposition, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J) (Owen, Andrew) [Transferred from Ohio Southern on 8/13/2018.]

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Defendant: W&H Realty, LLC
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Defendant: Greggory D. Groves
Represented By: Nicholas J. Zluticky
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Defendant: Jacqueline O. Dowdy
Represented By: Nicholas J. Zluticky
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Plaintiff: JWJ Hotel Holdings, Inc.
Represented By: Laurence M. Frazen
Represented By: Michelle M. Masoner
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