Bomkamp v. Hilton Worldwide, Inc.
Plaintiff: Brian Bomkamp
Defendant: Hilton Worldwide,Inc.
Case Number: 4:2013cv01569
Filed: August 13, 2013
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Charles A Shaw
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 10, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2014 ***REMARK: DETAILS: Case transferred from Missouri Eastern has been opened in Western District of Wisconsin as case 3:14-cv-00183, filed 03/06/2014. (RAK)
March 7, 2014 ***REMARK - Case transferred from Missouri Eastern has been opened in Western District of Wisconsin as case 3:14-cv-00183, filed 03/06/2014. (NCL)
March 6, 2014 Opinion or Order Filing 37 ORDER OF TRANSFER TO OTHER DISTRICT IT IS HEREBY ORDERED that this action is TRANSFERRED to the United States District Court for the Western District of Wisconsin, pursuant to 28 U.S.C. 1404(a). Signed by District Judge Charles A. Shaw on 3/6/2014. (NCL)
March 6, 2014 Opinion or Order Filing 36 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant Hilton Worldwide, Inc.'s motion to dismiss Plaintiff's First Amended Complaint, construed in part as a motion for judgment on the pleadings, is DENIED. [Doc. 17] IT IS FURTHER ORDERED that Hilton Worldwide, Inc.'s alternative motion to transfer venue of this case to the United States District Court for the Western District of Wisconsin pursuant to 28 U.S.C. 1404(a) is GRANTED. [Doc. 17] An appropriate order of transfer will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 3/6/2014. (NCL)
March 6, 2014 ***REMARK - Case electronically transferred to Western District of Wisconsin, via CM/ECF extraction. (NCL)
December 10, 2013 Opinion or Order Filing 35 CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 3/10/2014. Discovery Completion due by 7/1/2014. ADR Future Reference 4/1/2014. Dispositive Motions due by 9/8/2014. Jury Trial set for 2/2/2015 09:00 AM before District Judge Charles A. Shaw. Pretrial Conference set for 1/29/2015 02:00 PM before District Judge Charles A. Shaw. Signed by District Judge Charles A. Shaw on 12/10/2013. (NCL)
December 4, 2013 Filing 34 JOINT SCHEDULING PLAN by Plaintiff Brian Bomkamp, Defendant Hilton Worldwide,Inc.. . (Horner, Samantha)
November 27, 2013 Filing 33 REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Defendant Hilton Worldwide,Inc.. (Horner, Samantha)
November 26, 2013 Opinion or Order Filing 32 Docket Text ORDER re: Doc. #31 , Joint MOTION for Extension of Time to File Joint Proposed Scheduling Plan; ORDERED DENIED. The parties shall file the Joint Proposed Scheduling Plan as previously ordered by December 4, 2013. Signed by District Judge Charles A. Shaw on November 26, 2013. (SMH)
November 25, 2013 Filing 31 Joint MOTION for Extension of Time to File ;Extension to file the following: Joint Proposed Scheduling Plan ;Proposed extension date January 9, 2014 by Defendant Hilton Worldwide,Inc.. (Horner, Samantha)
November 25, 2013 Opinion or Order Filing 30 ORDER: IT IS HEREBY ORDERED that defendants Motion to Reconsider is DENIED. Doc. #27 Signed by District Judge Charles A. Shaw on 11/25/2013. (RAK)
November 20, 2013 Filing 29 RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Plaintiff Brian Bomkamp. (JWJ)
November 20, 2013 Filing 28 MEMORANDUM in Support of Motion re #27 MOTION for Reconsideration Plaintiff's Motion for Leave to File Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Out of Time filed by Defendant Hilton Worldwide,Inc.. (Horner, Samantha)
November 20, 2013 Filing 27 MOTION for Reconsideration Plaintiff's Motion for Leave to File Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Out of Time by Defendant Hilton Worldwide,Inc.. (Horner, Samantha)
November 20, 2013 Opinion or Order Filing 26 Docket Text ORDER re: Doc. #25 , MOTION for Leave to File Out of Time Plaintiff's Response in Opposition to Defendant's Motion to Dismiss, filed by Plaintiff Brian Bomkamp; ORDERED GRANTED. The Clerk of Court shall detach and docket plaintiff's Response, which was submitted as an attachment to the Motion for Leave. Signed by District Judge Charles A. Shaw on November 20, 2013. (SMH)
November 19, 2013 Filing 25 MOTION for Leave to File Plaintiff's Response in Opposition of Defendant's Motion to Dismiss out of time by Plaintiff Brian Bomkamp. (Attachments: #1 Attachment Plaintiff's Response in Opposition to Defendant's Motion to Dismiss)(Kolker, Scott)
November 19, 2013 Opinion or Order Filing 24 Docket Text ORDER re: Doc. 23 , MOTION for Leave to File Out of Time Plaintiff's Response in Opposition to Defendant's Motion to Dismiss, filed by Plaintiff Brian Bomkamp; ORDERED DENIED without prejudice for filing error. The Motion and proposed Response are unsigned because they do not contain a representation of the filing attorney's signature, as required by Section II.H. of the CM/ECF Manual. IT IS FURTHER ORDERED that the Motion for Leave is STRICKEN for filing error, and the Clerk of the Court is directed to delete Document 23 and its attachment from the record. Signed by District Judge Charles A. Shaw on November 19, 2013. (SMH)
November 19, 2013 Filing 23 DOCUMENT DELETED PER THE COURT'S 11/19/2013 DOCKET TEXT ORDER DOC. #24 MOTION for Leave to File Plaintiff's Response in Opposition of Defendant's Motion to Dismiss out of time by Plaintiff Brian Bomkamp. (Attachments: # 1 Attachment Plaintiff's Response in Opposition to Defendant's Motion to Dismiss)(Kolker, Scott) Modified on 11/20/2013 (RAK).
November 18, 2013 Opinion or Order Filing 22 Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Response in Opposition to Defendant's Motion to Dismiss is STRICKEN from the record for filing error. The Response does not contain a representation of the filing attorney's signature, as required by Section II.H. of the Administrative Procedures for Case Management/Electronic Case Filing ("CM/ECF Manual"). Further, "The use of an attorney's electronic filing login and password to file a document constitutes the signature of that attorney on that document for purposes of Fed. R. Civ. P. 11. The login and password issued to an individual attorney may be used only to file documents on behalf of that attorney." Filings may only be made using the login and password of the attorney who signed a document. In this instance, the Response bears a signature line for Mr. Kolker but was filed using the electronic login and password of Brent Labovitz. If Mr. Labovitz wishes to appear in this case, he must enter his appearance using his own login and password. See CM/ECF Manual, Sec. II.H. Finally, defendant's Response is untimely. See Local Rule 4.01(B) and Rule 6(d), Fed. R. Civ. P. Defendant must file a motion for leave to file his response out of time, and submit the Response as an attachment to the motion for leave. See CM/ECF Manual, Section II.B.IT IS FURTHER ORDERED that the Clerk of the Court shall delete Document 21 from the record. Signed by District Judge Charles A. Shaw on November 18, 2013. (SMH)
November 15, 2013 Filing 21 RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Plaintiff Brian Bomkamp. (Labovitz, Brent) DOCUMENT DELETED PER THE COURT'S 11/18/2013 DOCKET TEXT ORDER DOC. #22. Modified on 11/18/2013 (NCL).
November 4, 2013 Opinion or Order Filing 20 ORDER REQUIRING JOINT PROPOSED SCHEDULING PLAN IT This case is assigned to Track: preliminary track 2 Joint Scheduling Plan due by 11/25/2013.. Signed by District Judge Charles A. Shaw on 11/4/13. (JWJ)
October 17, 2013 Opinion or Order Filing 19 Docket Text ORDER: IT IS HEREBY ORDERED that defendant shall provide the Court with a paper courtesy copy of its motion to dismiss and memorandum in support, as required by the undersigned's Judge's Requirements. See http://www.moed.uscourts.gov/sites/default/files/cas.pdf. Signed by District Judge Charles A. Shaw on October 17, 2013. (SMH)
October 16, 2013 Filing 18 MEMORANDUM in Support of Motion re #17 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Defendant Hilton Worldwide,Inc.. (Attachments: #1 Exhibit A)(Horner, Samantha)
October 16, 2013 Filing 17 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint by Defendant Hilton Worldwide,Inc.. (Horner, Samantha)
October 16, 2013 Filing 16 ANSWER to #14 Amended Complaint of Plaintiff by Hilton Worldwide,Inc..(Horner, Samantha)
October 2, 2013 Opinion or Order Filing 15 ORDER IT IS HEREBY ORDERED that the stay of this matter is vacated. IT IS FURTHER ORDERED that defendant's motion to dismiss the original complaint is DENIED as moot without prejudice. [Doc. 7] Signed by District Judge Charles A. Shaw on 10/2/213. (NCL)
October 2, 2013 Filing 14 AMENDED COMPLAINT against defendant Hilton Worldwide,Inc. , filed by Brian Bomkamp.(Kolker, Scott) (Main Document 14 replaced on 10/2/2013) (NCL).
September 26, 2013 Opinion or Order Filing 13 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that by October 3, 2013, plaintiff shall file an amended complaint that alleges facts establishing the parties' citizenship. IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter will be dismissed without prejudice for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court. Amended/Supplemental Pleadings due by 10/3/2013. Signed by District Judge Charles A. Shaw on 9/26/2013. (NCL)
September 26, 2013 Filing 12 CJRA ORDER (jgw). Judge Magistrate Judge Terry I. Adelman termed. Case reassigned to Judge District Judge Charles A. Shaw for all further proceedings (KKS)
September 23, 2013 Filing 11 DELETED CONSENT - Attorney to mail in original; Modified on 9/24/2013 (KKS).
September 12, 2013 Filing 9 ENTRY of Appearance by Kevin D. Case for Defendant Hilton Worldwide,Inc.. (Case, Kevin)
September 11, 2013 Filing 8 MEMORANDUM in Support of Motion re #7 MOTION to Dismiss Case /Complaint filed by Defendant Hilton Worldwide,Inc.. (Attachments: #1 Exhibit)(Horner, Samantha)
September 11, 2013 Filing 7 MOTION to Dismiss Case /Complaint by Defendant Hilton Worldwide,Inc.. (Horner, Samantha)
September 11, 2013 Filing 6 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Hilton Worldwide,Inc.. Parent companies: Hilton Worldwide Holdings, Inc., Subsidiaries: Hilton Worldwide, Inc., Publicly held company: None,. (Horner, Samantha)
September 11, 2013 Filing 5 ANSWER to #1 Complaint, by Hilton Worldwide,Inc..(Horner, Samantha)
September 4, 2013 Filing 4 SUMMONS Returned Executed filed by Brian Bomkamp. Hilton Worldwide,Inc. served on 8/21/2013, answer due 9/11/2013. (KJS)
September 4, 2013 Filing 3 NOTICE Proof of Service: by Plaintiff Brian Bomkamp (Kolker, Scott) (**Incorrect event used. See doc #4 for proper filing - Modified on 9/5/2013**) (KJS).
August 13, 2013 Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Brian Bomkamp Process Server: sheriff of Cole County (Kolker, Scott)
August 13, 2013 Filing 1 COMPLAINT against defendant Hilton Worldwide,Inc. with receipt number 0865-3939106, in the amount of $400 Jury Demand,, filed by Brian Bomkamp. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons)(Kolker, Scott) (Attachment 3 replaced on 8/13/2013) (BAK).
August 13, 2013 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
August 13, 2013 Case Opening Notification - 1 Summons(es) issued, Consents issued: 1, Judge Assigned: U.S. Magistrate Judge Terry I. Adelman. The summons was emailed to attorney Scott L. Kolker. (BAK)

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Plaintiff: Brian Bomkamp
Represented By: Scott L. Kolker
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Defendant: Hilton Worldwide,Inc.
Represented By: Kevin D. Case
Represented By: Samantha Jane Monsees
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