Leahy v. Omni Hotels Management Corporation et al
| Eileen Leahy |
| Omni Hotels Management Corporation, Jane Doe, TRT Holdings, Inc. and Laurie Morgan |
| 1:2020cv00180 |
| January 31, 2020 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 2/15/2022 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 2/3/2022 11:00 AM before Chief Judge Landya B. McCafferty. Pretrial Statements due 1/17/2022. JERS Statement due 1/17/2022. LR 16.2(d) Objections due 1/31/2022. (js) |
ENDORSED ORDER granting in part and denying in part #51 Motion to Continue and Extend Deadlines. Text of Order: Granted in part; denied in part. This motion is granted as to the trial date but denied as to the extension of the expert report and related deadlines. With respect to the trial date, a summary judgment motion became ripe for ruling on October 12, 2021. That gives the court less than one month before the currently scheduled trial date (November 9, 2021) to rule. With respect to the expert report deadline, plaintiff has not demonstrated good cause for the extension. The deadline passed on April 30, 2021. Although plaintiff knew by that date that she did not believe she had the discovery she needed to complete the report, she did not request an extension. This request is untimely and post-dates the date discovery closed, the date defendant moved for summary judgment, and the date defendant moved to prevent the expert from testifying at trial based on the nondisclosure of a written report as required by Fed. R. Civ. P. 26(a)(2)(B). Trial is continued to the two-week period beginning on February 15, 2022. The motion is otherwise denied. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 60 Proposed Voir Dire by Laurie Morgan, Omni Hotels Management Corporation. (Mackey, Eli Jason) |
| Filing 59 Proposed Jury Instructions by Laurie Morgan, Omni Hotels Management Corporation. (Mackey, Eli Jason) |
| Filing 58 Pretrial Statement filed by Laurie Morgan, Omni Hotels Management Corporation. (Mackey, Eli Jason) |
| Filing 57 Proposed Jury Instructions by Eileen Leahy. (Sullivan, Gregory) |
| Filing 56 Pretrial Statement filed by Eileen Leahy. (Sullivan, Gregory) |
| Filing 55 REPLY to Objection to Motion re #44 MOTION for Summary Judgment filed by Laurie Morgan, Omni Hotels Management Corporation. Surreply due by 10/12/2021. (Mackey, Eli Jason) |
|
ENDORSED ORDER granting #54 Motion for Leave to File Reply Memorandum in Support of Summary Judgment that exceeds 10 pages. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty. Miscellaneous Deadline set for 10/6/2021.(gla)
|
| Filing 54 Assented to MOTION for Leave to File Reply Memorandum in Support of Summary Judgment that exceeds 10 pages filed by Laurie Morgan, Omni Hotels Management Corporation. (Attachments: #1 Memorandum of Law)(Mackey, Eli Jason) |
| Filing 53 MEMORANDUM in Opposition re #51 MOTION to Continue and Extend Deadlines filed by Laurie Morgan, Omni Hotels Management Corporation. Follow up on Reply on 10/7/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Mackey, Eli Jason) |
| Filing 52 OBJECTION to #44 MOTION for Summary Judgment filed by Eileen Leahy. Follow up on Reply on 10/1/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law In Support of Opposition, #2 Appendix Statement of Undisputed Facts, #3 Exhibit 1 to Statement of Undisputed Facts, #4 Exhibit 2 to Statement of Undisputed Facts, #5 Exhibit 3 to Statement of Undisputed Facts, #6 Exhibit 4 to Statement of Undisputed Facts, #7 Exhibit 5 to Statement of Undisputed Facts, #8 Exhibit 6 to Statement of Undisputed Facts, #9 Exhibit 7 to Statement of Undisputed Facts, #10 Exhibit 8 to Statement of Undisputed Facts, #11 Exhibit 9 to Statement of Undisputed Facts, #12 Exhibit 10 to Statement of Undisputed Facts, #13 Exhibit 11 to Statement of Undisputed Facts)(Sullivan, Gregory) |
| Filing 51 MOTION to Continue and Extend Deadlines filed by Eileen Leahy.Follow up on Objection on 10/1/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Civil Form 3)(Sullivan, Gregory) |
| Filing 50 OBJECTION to #49 MOTION to Exclude Plaintiff's Experts and Any Expert Testimony Offered by Plaintiff filed by Eileen Leahy. Follow up on Reply on 9/24/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law In Support of Opposition, #2 Exhibit 1 to Memorandum in Support of Opposition)(Sullivan, Gregory) |
|
ENDORSED ORDER granting #45 Motion for Leave to File Memorandum of Law in Support of Summary Judgment Exceeding 25 Pages. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)
|
| Filing 49 MOTION to Exclude Plaintiff's Experts and Any Expert Testimony Offered by Plaintiff filed by Laurie Morgan, Omni Hotels Management Corporation. HEARING REQUESTED.Follow up on Objection on 9/17/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit Plaintiff's Expert Disclosure)(Mackey, Eli Jason) |
| Filing 48 Mediation Statement: Defendants believe Mediation would not be helpful, Plaintiff is requesting nonetheless (Mackey, Eli Jason) |
| Filing 47 Addendum/ to #44 MOTION for Summary Judgment by Laurie Morgan, Omni Hotels Management Corporation. (Attachments: #1 Appendix Amended Statement of Undisputed Material Facts, #2 Exhibit Frawley Dep. Tr. Excerpts, #3 Exhibit Fuller Dep. Tr. Excerpts)(Mackey, Eli Jason) |
| Filing 46 Addendum/ to #44 MOTION for Summary Judgment by Laurie Morgan, Omni Hotels Management Corporation. (Attachments: #1 Exhibit Plaintiff's Dep. Tr. Excerpts, #2 Exhibit Plaintiff's Dep. Tr. Excerpts, #3 Exhibit Plaintiff's Dep. Tr. Excerpts)(Mackey, Eli Jason) |
| Clerk's Notice - No Mediation Statement Filed. The parties are directed to file a Mediation Statement within 14 days of this notice. Mediation Follow Up on 9/13/2021.(js) |
| NOTICE of ECF Filing Error re: #44 MOTION for Summary Judgment filed by Laurie Morgan, Omni Hotels Management Corporation. Consistent with Supplemental Rules of Electronic Case Filing 2.5(d)(1)- Notice of Conventional Filing. If an attachment or exhibit is submitted conventionally in an ECF case, the Filing User shall electronically file a Notice of Conventional Filing on a form prescribed by the clerk's office in the place where the attachment or exhibit would have been submitted electronically as an attachment to the main document. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. (js) |
| Corrective Entry to #44 MOTION for Summary Judgment . Entry corrected to remove the following text Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.)(js) |
| Filing 45 MOTION for Leave to File Memorandum of Law in Support of Summary Judgment Exceeding 25 Pages filed by Laurie Morgan, Omni Hotels Management Corporation.Follow up on Objection on 9/10/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Proposed Memorandum of Law in Support of Summary Judgment)(Mackey, Eli Jason) |
| Filing 44 MOTION for Summary Judgment filed by Laurie Morgan, Omni Hotels Management Corporation. HEARING REQUESTED.Follow up on Objection on 9/27/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Attachments: #1 Memorandum of Law, #2 Appendix Statement of Undisputed Material Facts, #3 Exhibit Plaintiff's Dep. Tr. Excerpts (See doc. no. #46 ), #4 Exhibit Frawley Dep. Tr. Excerpts, #5 Exhibit (Affidavit) Peter Eakley Affidavit, #6 Exhibit Morgan Dep. Tr. Excerpts, #7 Exhibit Hrobak Expert Report, #8 Exhibit Fuller Dep. Tr. Excerpts, #9 Exhibit Boyer Affidavit)(Mackey, Eli Jason) Modified on 8/30/2021 to remove the following text: Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (js). |
|
Filing 43
ORDER denying #39 Motion to Remand to State Court. So Ordered by Chief Judge Landya B. McCafferty. (gla)
|
| Filing 42 REPLY to Objection to Motion re #39 MOTION to Remand to State Court filed by Eileen Leahy. Surreply due by 6/21/2021. (Sullivan, Gregory) |
| Filing 41 REFILED SEE DOC. NO. 42 RESPONSE re #40 Memorandum in Opposition to Motion, filed by Eileen Leahy. (Sullivan, Gregory) Modified on 6/16/2021 to add: Refiled text(js). |
| NOTICE of ECF Filing Error re: #41 Response (not to Motion) filed by Eileen Leahy. Filer used wrong event. Filer shall refile using the Reply to Objection to Motion event and enter in docket text: Replaces document no. 41. Compliance Deadline set for 6/23/2021.(js) |
| Filing 40 MEMORANDUM in Opposition re #39 MOTION to Remand to State Court filed by Laurie Morgan, Omni Hotels Management Corporation. Attorney Eli Jason S. Mackey added to party Laurie Morgan(pty:dft). Follow up on Reply on 6/16/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Mackey, Eli Jason) |
| Filing 39 MOTION to Remand to State Court filed by Eileen Leahy. HEARING REQUESTED.Follow up on Objection on 6/11/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum In Support of Motion, #2 Exhibit (Affidavit) 1 Affidavit of Gregory V. Sullivan, #3 Exhibit 2 Defendants First Discovery Responses)(Sullivan, Gregory) |
|
ENDORSED ORDER granting #38 Motion to Continue and Extend Deadlines. Text of Order: The motion is now assented-to and is granted. The defendant requests a status conference regarding this motion so that, to the extent necessary, the parties can provide additional information regarding the status of discovery and the proposed scheduling order. The court notes that that request was made before plaintiffs assented to the motion. The parties shall notify the court whether they still want a status conference. So Ordered by Chief Judge Landya B. McCafferty. Mediation Follow Up on 8/27/2021. Summary Judgment Motions due by 8/27/2021.(js)
|
| EMAIL Notice of ASSENT by Attorney Heather Gamache on behalf of plaintiffs as to #38 MOTION to Continue and Extend Deadlines Deadlines .(js) |
| Filing 38 MOTION to Continue and Extend Deadlines Deadlines filed by Laurie Morgan, Omni Hotels Management Corporation.Follow up on Objection on 6/4/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Civil Form 3)(Gamache, Heather) |
|
ENDORSED ORDER denying as moot #21 Motion to Compel; denying as moot #27 Motion to Compel. Text of Order: The parties state in their most recent joint status report (doc. no. 37) that they have resolved many areas of disagreement regarding written discovery, that they are continuing to work to resolve their outstanding discovery issues in good faith, and that there are narrowing disagreements remaining. The parties agreements moot many of the issues raised in their respective motions to compel. Accordingly, the court denies the parties motions to compel (doc. nos. 21 & 27) as moot. The parties shall continue to confer in good faith in an attempt to reach agreement on remaining areas of dispute. If they are unable to reach agreement, they may file new motions to compel. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 37 STATUS REPORT by Omni Hotels Management Corporation : Joint Report(Gamache, Heather) |
|
ENDORSED ORDER RE #36 Status Report. Text of Order: Reviewed. On or before April 15, 2021, the parties shall file a further joint status report informing the court as to whether they have reached full or partial agreement on the issues raised in their respective motions to compel. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 36 STATUS REPORT by Laurie Morgan, Omni Hotels Management Corporation : pending(Gamache, Heather) |
|
Filing 35
PROTECTIVE ORDER. So Ordered by Chief Judge Landya B. McCafferty. (Attachments: #1 Acknowledgment & Agreement to Be Bound)(js)
|
|
ENDORSED ORDER granting #34 Assented to Motion for Protective Order. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 34 Assented to MOTION for Protective Order filed by Laurie Morgan, Omni Hotels Management Corporation. (Attachments: #1 Proposed Order Protective Order)(Gamache, Heather) (Additional attachment(s) added on 2/24/2021: #2 Repaginated Proposed Order, #3 Attachment A) (js). |
|
ENDORSED ORDER RE #33 Status Report. Text of Order: The parties shall file a further joint status report on or before March 12, 2021. If the parties reach agreement as to all or parts of the issues raised in their respective motions to compel, they shall inform the court of such whole or partial agreement in their March 12 status report. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 33 STATUS REPORT by Laurie Morgan, Omni Hotels Management Corporation : pending(Gamache, Heather) |
|
Filing 32
ORDER granting #31 Assented to Motion for Entry of Order for Rule 35 Examination. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 31 Assented to MOTION Entry of Order for Rule 35 Examination filed by Laurie Morgan, Omni Hotels Management Corporation. (Attachments: #1 Proposed Order Order for Rule 35 Examination by Marc Kasparyan, M.D.)(Gamache, Heather) |
|
ENDORSED ORDER RE #21 MOTION to Compel, #27 MOTION to Compel. It does not appear that, in advance of filing their motions to compel (doc. nos. 21 & 27), the parties had any substantive discussion regarding the issues raised in those motions. The parties are ordered to meet and confer in an attempt to resolve their disputes without the court's intervention. The parties shall file a joint status report on or before February 23, 2021, informing the court of whether all or parts of their motions are moot in light of their conference. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 30 MEMORANDUM in Opposition re #27 MOTION to Compel Defendants' Discovery Responses filed by Omni Hotels Management Corporation. Follow up on Reply on 2/1/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - December 29, 2020 E-mail, #2 Exhibit B - January 5, 2021 E-Mail, #3 Exhibit C - Defendant's Supplemental Discovery Responses, #4 Exhibit D - Defendant's Privilege Log)(Gamache, Heather) |
| Filing 29 AMENDED ANSWER to #15 Amended Complaint by Laurie Morgan, Omni Hotels Management Corporation.(Gamache, Heather) |
| Filing 28 REFILED. SEE DOC. NO. 29 ANSWER to Complaint filed by Laurie Morgan, Omni Hotels Management Corporation.(Gamache, Heather) Modified on 1/14/2021 to add: Refiled text (js). |
|
ENDORSED ORDER granting #20 Motion for Leave to File Amended Answer. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 27 MOTION to Compel Defendants' Discovery Responses filed by Eileen Leahy. HEARING REQUESTED.Follow up on Objection on 1/25/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law In Support of Plaintiff's Motion to Compel, #2 Exhibit 1 to Memorandum in Support of Motion to Compel)(Sullivan, Gregory) |
| Filing 26 REPLY to Objection to Motion re #21 MOTION to Compel Plaintiff to Supplement its Answers and Responses to Omni's First Set of Discovery Requests filed by Omni Hotels Management Corporation. Surreply due by 1/13/2021. (Gamache, Heather) |
|
ENDORSED ORDER granting #24 Motion for Leave to File Reply to Plaintiff's Objection to Motion to Compel Answers and Responses to Omni's First Set of Discovery Requests. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 25 Addendum/ to #24 MOTION for Leave to File Omni's Reply to Plaintiff's Objection to Motion to Compel Answers and Responses to Omni's First Set of Discovery Requests by Omni Hotels Management Corporation. (Gamache, Heather) |
| Filing 24 MOTION for Leave to File Omni's Reply to Plaintiff's Objection to Motion to Compel Answers and Responses to Omni's First Set of Discovery Requests filed by Omni Hotels Management Corporation.Follow up on Objection on 1/20/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - Omni's Reply to Plaintiff's Objection to Motion to Compel Answers and Responses to Omni's First Set of Discovery Requests)(Gamache, Heather) |
| NOTICE of ECF Filing Error re: #23 Reply to Objection to Motion, filed by Omni Hotels Management Corporation. Per LR 7.1(e)(2) Reply or Surreply Memorandum Nondispositive Motions. A memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. Compliance Deadline set for 1/8/2021.(js) |
| Filing 23 FILED IN ERROR. MOTION FOR LEAVE FILED IN REPLACE. REPLY to Objection to Motion re #21 MOTION to Compel Plaintiff to Supplement its Answers and Responses to Omni's First Set of Discovery Requests filed by Omni Hotels Management Corporation. Surreply due by 1/11/2021. (Gamache, Heather) Modified on 1/6/2021 to add: Filed in error(js). |
| Filing 22 OBJECTION to #21 MOTION to Compel Plaintiff to Supplement its Answers and Responses to Omni's First Set of Discovery Requests filed by Eileen Leahy. Follow up on Reply on 1/5/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Sullivan, Gregory) |
| Filing 21 MOTION to Compel Plaintiff to Supplement its Answers and Responses to Omni's First Set of Discovery Requests filed by Omni Hotels Management Corporation. HEARING REQUESTED.Follow up on Objection on 1/4/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A - Defendant's 1st Interrogatories and Requests for Production of Documents to Plaintiff, #3 Exhibit B - Plaintiff's Answers to 1st Interrogatories and Requests for Production of Documents, #4 Exhibit C - 8/5/20 Correspondence to Attorney Sullivan, #5 Exhibit D - 8/10/20 Correspondence from Attorney Sullivan)(Gamache, Heather) |
| Filing 20 MOTION for Leave to File Amended Answer filed by Omni Hotels Management Corporation. HEARING REQUESTED.Follow up on Objection on 12/16/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Exhibit 1 - Amended Answer, #2 Memorandum of Law)(Gamache, Heather) |
| Reset Trial Deadlines: Final Pretrial Conference set for 10/28/2021 03:00 PM before Chief Judge Landya B. McCafferty. Jury Selection/Trial set for two week period beginning 11/9/2021 09:30 AM before Chief Judge Landya B. McCafferty. JERS Statement due 10/12/2021. Pretrial Statements due 10/12/2021. LR 16.2(d) Objections due 10/26/2021(js) |
|
ENDORSED ORDER granting #18 Assented to Motion to Continue and Extend Deadlines and Trial. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Discovery deadline 7/9/2021. Joint Statement re: Discovery 5/10/2021. Mediation Follow Up on 8/13/2021. Summary Judgment Motions due by 7/16/2021.(js)
|
| Filing 19 Addendum/ to #18 Assented to MOTION to Continue and Extend Deadlines Deadlines and Trial by Omni Hotels Management Corporation. (Gamache, Heather) |
| Filing 18 Assented to MOTION to Continue and Extend Deadlines Deadlines and Trial filed by Omni Hotels Management Corporation.(Gamache, Heather) |
| Filing 17 Defendants Omni Hotels Management Corporation and Laurie Morgan's ANSWER to #15 Amended Complaint filed by Omni Hotels Management Corporation.(Gamache, Heather) |
|
ENDORSED ORDER granting #16 Assented to Motion to Continue and Extend Deadlines Scheduling Order Deadlines. Text of Order: Granted. With the following modification: The plaintiff's expert deadline is Nov. 2, 2020. So Ordered by Magistrate Judge Andrea K. Johnstone.(js)
|
| Filing 16 Assented to MOTION to Continue and Extend Deadlines Scheduling Order Deadlines filed by Omni Hotels Management Corporation. (Attachments: #1 Exhibit Civil Form 3)(Gamache, Heather) |
| Filing 15 AMENDED COMPLAINT against All Defendants with jury demand filed by Eileen Leahy.(Sullivan, Gregory) |
|
ENDORSED ORDER granting #14 Motion to Amend #1 Notice of Removal. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty. Amended Pleadings due by 8/14/2020. (gla)
|
| Filing 14 MOTION to Amend #1 Notice of Removal - New Case,, filed by Eileen Leahy. HEARING REQUESTED.Follow up on Objection on 8/7/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Exhibit 1 - Amended Complaint, #2 Exhibit (Affidavit) Affidavit of Gregory V. Sullivan in Support of Motion for Leave to Amend Complaint, #3 Summons - Waiver Waiver of Summons)(Sullivan, Gregory) |
|
Filing 13
ORDER offering the opportunity to civil litigants to have all or part of their suits resolved by bench trial before the court via video-conference. So Ordered by Chief Judge Landya B. McCafferty. (gla)
|
| Minute Entry for proceedings held before Magistrate Judge Andrea K. Johnstone. TELEPHONE CONFERENCE held on 5/8/2020. (Pltfs Atty: Gregory Sullivan) (Defts Atty: Jason Mackey, Heather Gamache)(Total Hearing Time: 0:08) (vln) |
|
ORDER : The clerk's office shall schedule a telephone conference with the parties regarding the supplemental ESI statement (doc. no. 12). Telephone Conference set for 5/8/2020 11:00 AM before Magistrate Judge Andrea K. Johnstone. The court will email call-in information to counsel of record. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
|
| Filing 12 Joint Supplemental Statement Regarding the Discovery of Electronically Stored Information by Omni Hotels Management Corporation(Gamache, Heather) |
| TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 5/18/2021 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 5/7/2021 03:00 PM before Chief Judge Landya B. McCafferty. Pretrial Statements due 4/19/2021. JERS Statement due 4/19/2021. LR 16.2(d) Objections due 5/3/2021. (js) |
|
Filing 11
ORDER approving with changes #10 Discovery Plan. Length of Trial 4 days. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 1/15/2021. Dispositive Motion Filing Deadline 6/18/2020. Discovery deadline 12/15/2020. Joint Statement regarding the status of discovery due by 10/16/2020. Mediation Follow Up on 2/12/2021. Supplemental Statement Regarding ESI Deadline set for 4/20/2020.(js)
|
| Notice of Cancellation of Pretrial Conference- Pretrial Conference set for 3/20/2020 is CANCELLED. Order to issue. (js) |
|
///ENDORSED ORDER granting #5 Motion to Dismiss TRT Holdings, Inc. for Lack of Personal Jurisdiction. Text of Order: Plaintiff has filed nothing in response to the court's February 27, 2020 Order. Document number 5 is therefore granted. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 10 Proposed Discovery Plan filed by Omni Hotels Management Corporation. (Mackey, Eli Jason) |
|
ENDORSED ORDER RE #5 MOTION to Dismiss. Text of Order: TRT Holdings, Inc. filed a motion to dismiss for lack of personal jurisdiction. Plaintiff had until 2/19/2020 to respond but has not done so. The plaintiff has the burden of proving personal jurisdiction. See Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1995). Plaintiff has until 3/13/2020 to file a motion with the court proffering evidence to support a finding that the court has personal jurisdiction over TRT Holdings, Inc. See Boit v. Gar-Tec Products, Inc., 967 F.2d 671, 675 (1992). If plaintiff does not file a responsive motion and meet their burden, the court will grant defendant's motion. So Ordered by Chief Judge Landya B. McCafferty.(js)
|
| Filing 9 Certified Copies of State Court Record. State Court Case No. 212-2019-CV-00225, Carroll County Superior Court(Gamache, Heather) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 3/20/2020 10:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan DUE BY 3/13/2020. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
| Filing 8 NOTICE of Attorney Appearance by Charles S. Setliff on behalf of Omni Hotels Management Corporation TRT Holdings, Inc. Attorney Charles S. Setliff added to party Omni Hotels Management Corporation(pty:dft).(Setliff, Charles) |
| Filing 7 Disclosure Statement by Omni Hotels Management Corporation, TRT Holdings, Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (Mackey, Eli Jason) |
| Filing 6 ANSWER to Complaint filed by Omni Hotels Management Corporation.(Mackey, Eli Jason) |
| Filing 5 MOTION to Dismiss TRT Holdings, Inc. for Lack of Personal Jurisdiction filed by TRT Holdings, Inc..Follow up on Objection on 2/19/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit))(Mackey, Eli Jason) |
| Filing 4 NOTICE of Attorney Appearance by Eli Jason S. Mackey on behalf of Omni Hotels Management Corporation, TRT Holdings, Inc. Attorney Eli Jason S. Mackey added to party Omni Hotels Management Corporation(pty:dft), Attorney Eli Jason S. Mackey added to party TRT Holdings, Inc.(pty:dft).(Mackey, Eli Jason) |
| Filing 3 Assented to MOTION for Eli Jason S. Mackey to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1934064.) filed by Omni Hotels Management Corporation. (Attachments: #1 Exhibit (Affidavit) Affidavit of Eli Jason S. Mackey, Esq.)(Gamache, Heather) |
| Filing 2 Assented to MOTION for C. Stephen Setliff to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1934009.) filed by Omni Hotels Management Corporation. (Attachments: #1 Exhibit (Affidavit) Affidavit of C. Stephen Setliff, Esq.)(Gamache, Heather) |
|
ENDORSED ORDER granting #2 Assented to Motion for C. Stephen Setliff to Appear Pro Hac Vice; granting #3 Assented to Motion for Eli Jason S. Mackey to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)
|
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Carroll Superior Court, case number 212-2019-CV-00225 (filing fee $400, receipt number ANHDC-1931864) filed by Omni Hotels Management Corporation. Answer Follow Up on 2/21/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 2/14/2020. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(Gamache, Heather) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:20-cv-180-LM. Please show this number with the judge designation on all future pleadings. (ed) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (ed) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Hampshire District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
