DAYS INNS WORLDWIDE, INC. et al v. 4200 ROSE HOSPITALITY LLC et al
| DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC and WYNDHAM HOTELS & RESORTS, INC. |
| 4200 ROSE HOSPITALITY LLC, INDRA PATEL and JYOTI PATEL |
| 2:2022cv04822 |
| July 29, 2022 |
| US District Court for the District of New Jersey |
| Brian R Martinotti |
| Cathy L Waldor |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 50 BRIEF in Response to Plaintiffs' Brief in Opposition to Defendants' Request to Take Counsel Depositions (Attachments: #1 Exhibit)(KEESLER, SUSAN) |
Filing 49
TEXT ORDER: The Court is in receipt of the parties recent correspondence (ECF No. 47, 48). Defendants brief regarding the dispute raised therein shall be filed by 10/20/23. So Ordered by Magistrate Judge Cathy L. Waldor on 10/11/23. (tjg, )
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| Filing 48 RESPONSE re #47 Letter. (Attachments: #1 Exhibit A - 2008.04.23 License Agreement, #2 Exhibit B - 9.27.23 Email String, #3 Exhibit C - 2023.05.18 DIW, WHRI - R&O's to Defts First ROGs, #4 Text of Proposed Order)(SAGER, DAVID) |
| Filing 47 Letter. (KEESLER, SUSAN) |
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Filing 46
TEXT ORDER: Parties will meet and confer and submit a briefing schedule.Dates for oral argument if necessary will be provided upon submission of the briefing schedule.. So Ordered by Magistrate Judge Cathy L. Waldor on 9/20/23. (tjg, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 9/20/2023. (tjg, ) |
| Filing 45 NOTICE of Appearance by NATHAN P. HELLER on behalf of DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC, WYNDHAM HOTELS & RESORTS, INC. (HELLER, NATHAN) |
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Filing 44
TEXT ORDER: The Court clarifies its 8/18/23 Order, (ECF No. 43), to note that the next event in this matter will be a telephone conference on 9/20/23 at 10:30 a.m. (ECF No. 35). There is no conference scheduled for 9/14/23. So Ordered by Magistrate Judge Cathy L. Waldor on 9/8/23. (tjd)
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Filing 43
TEXT ORDER: The Court is in receipt of the parties' 8/17/23 letters. (ECF No. 41, 42). For good cause shown, the Court extends the fact discovery deadline to 10/2/23. The Court will address the other issues raised in the parties' letters, and the need for a further fact discovery extension, during the 9/14/23 telephone conference. So Ordered by Magistrate Judge Cathy L. Waldor on 8/18/23.
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| Filing 42 Letter from Defendants requesting extension of deadlines. (KEESLER, SUSAN) |
| Filing 41 Letter from Plaintiffs and Defendants re discovery dispute. (KEESLER, SUSAN) |
| Filing 40 ANSWER to Amended Complaint by All Defendants.(PRIORE, PHILIP) |
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Filing 39
Discovery Confidentiality Order. Signed by Magistrate Judge Cathy L. Waldor on 6/23/2023. (mxw)
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| Filing 38 Proposed Order CONFIDENTIALITY ORDER by 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL. (KEESLER, SUSAN) |
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Filing 37
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Cathy L. Waldor on 5/8/2023. (dam)
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| Filing 36 Letter from David S. Sager, Esq., enclosing proposed pretrial scheduling order re 35 Order,. (Attachments: #1 Text of Proposed Order (Proposed Pretrial Scheduling Order))(SAGER, DAVID) |
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Filing 35
TEXT ORDER: Parties will submit a scheduling order by May 5, 2023. The Court will hold a telephone conference, on 9/20/23 at 10:30am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 5/1/23. (tjg, )
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| Filing 34 NOTICE of Appearance by SUSAN CHO KEESLER on behalf of 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL (KEESLER, SUSAN) |
| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 5/1/2023. (tjg, ) |
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Filing 33
TEXT ORDER: New counsel for 42 Rose must enter an appearance prior to this call. The Court will hold a telephone conference, on 5/1/23 at 10:30am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/30/23. (tjg, )
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| Filing 32 Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 3/30/2023. (tjg, ) |
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Filing 31
TEXT ORDER: Call will be re-scheduled for reasons discussed. The Court will hold a telephone conference, on 3/30/23 at 10am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/9/23. (tjg, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 3/9/2023. (tjg, ) |
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Filing 30
TEXT ORDER: The Court will continue the 2/16/23 teleconference on 3/9/23 at 1pm. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 2/16/23. (tjg, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 2/16/2023. (tjg, ) |
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Filing 29
LETTER ORDER withdrawing #10 Defendants' Motion to Dismiss without Prejudice, to be reinstated upon entry of appearance by new counsel for the Defendants in accordance with the underlying settlement involving Erie Insurance. Signed by Judge Brian R. Martinotti on 2/8/2023. (dam)
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| Filing 28 Letter from Defendants' counsel. (WILENZIK, JODI) |
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Filing 27
TEXT ORDER: As discussed defendant will withdraw the Motion to Dismiss by letter on the docket to be reinstated upon entry of appearance by all parties and counsel.. So Ordered by Magistrate Judge Cathy L. Waldor on 2/3/23. (tjg, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 2/2/2023. (tjg, ) |
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Filing 26
LETTER ORDER granting #24 Defendants' Request for an adjournment of the 2/3/2023, 11:00 AM Oral Argument on #10 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint to give Erie Insurance time to enter their appearance. Signed by Judge Brian R. Martinotti on 2/2/2023. (dam)
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Filing 25
TEXT ORDER: The Court will hold a telephone conference, on 2/2/23 at 230pm. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 2/2/23. (tjg, )
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| Filing 24 Letter. (WILENZIK, JODI) |
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Filing 23
LETTER ORDER: Defendant's request for an adjournment of the oral argument set for 01/31/23 is granted. The oral argument is rescheduled to Friday, February 3, 2023 at 11:00 am.. Signed by Judge Brian R. Martinotti on 1/27/2023. (ld, )
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| Filing 22 Letter. (HANSON, GERARD) |
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Filing 21
TEXT ORDER: Oral argument Motion #10 to Dismiss the Amended Complaint is set for January 31, 2023, at 1:30 pm, Newark - Courtroom 1 before Judge Brian R. Martinotti. Consistent with Judge Waldors 20 order, the parties are still required to file their mediation positions on the docket. Position papers are limited to five (5) pages in length and shall be filed no later than five (5) days prior to the scheduled oral argument. SO ORDERED by Judge Brian R. Martinotti on 01/13/2023. (lr, )
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Filing 20
TEXT ORDER: Parties will report to the Court on the docket their position on mediation. The Court will hold a telephone conference, on 2/16/23 at 12PM. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 1/11/23. (tjg, )
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| Filing 19 NOTICE of Appearance by GERARD H. HANSON on behalf of All Defendants (HANSON, GERARD) |
| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 1/11/2023. (tjg, ) |
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Filing 18
TEXT ORDER: The Court will reschedule the 12/21/22 conference to 1/11/23 at 2:30pm. So Ordered by Magistrate Judge Cathy L. Waldor on 11/29/22. (tjg, )
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| Filing 17 REPLY BRIEF to Opposition to Motion filed by All Defendants re #11 MOTION to Dismiss Submitted with Corrected Table of Contents and Table of Authorities (the TOC and TOA are substituted for those previously filed - No changes were made to the brief), #10 MOTION to Dismiss Amended Complaint (Attachments: #1 Certificate of Service)(WILENZIK, JODI) |
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Filing 16
TEXT ORDER: Parties will proceed with paper discovery. Depositions will be discussed on the next call. The Court will hold a telephone conference, on 12/21/22 at 11:30am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 9/28/22. (tjg, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Initial Pretrial Conference held on 9/28/2022. (tjg, ) |
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Filing 15
CONSENT ORDER that Defendants 4200 ROSE HOSPITALITY LLC, INDRA PATEL, and JYOTI PATEL shall have an addition two (2) days, or until 9/28/2022, to file their Reply Brief to Plaintiffs' Opposition to Defendants' Motion to Dismiss. Signed by Magistrate Judge Cathy L. Waldor on 9/23/2022. (dam)
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| Filing 14 Proposed Order for extension to file Defendants' Reply Brief by All Defendants re #13 Brief in Opposition to Motion,. (Attachments: #1 Certificate of Service)(WILENZIK, JODI) |
| Filing 13 BRIEF in Opposition filed by DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC, WYNDHAM HOTELS & RESORTS, INC. re #11 MOTION to Dismiss Submitted with Corrected Table of Contents and Table of Authorities (the TOC and TOA are substituted for those previously filed - No changes were made to the brief), #10 MOTION to Dismiss Amended Complaint (SAGER, DAVID) |
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Filing 12
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor by telephone on 9/28/22 at 10am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201. Local counsel for any/all parties must participate. Parties are to submit a completed Pretrial Scheduling Order (for Judge Salas cases, please use her dedicated PTSO found in the same location) found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference.. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 9/8/22. (tjg, )
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (tjg, ) |
| Filing 11 MOTION to Dismiss Submitted with Corrected Table of Contents and Table of Authorities (the TOC and TOA are substituted for those previously filed - No changes were made to the brief) by 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL. (WILENZIK, JODI) |
| Set Deadlines as to #11 MOTION to Dismiss Submitted with Corrected Table of Contents and Table of Authorities (the TOC and TOA are substituted for those previously filed - No changes were made to the brief). Motion set for 10/3/2022 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) |
| Set Deadlines as to #10 MOTION to Dismiss Amended Complaint. Motion set for 10/3/2022 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) |
| Filing 10 MOTION to Dismiss Amended Complaint by 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL. Responses due by 8/30/2022 (Attachments: #1 Declaration, #2 Text of Proposed Order, #3 Brief)(WILENZIK, JODI) |
| Filing 9 SUMMONS Returned Executed by WYNDHAM HOTELS & RESORTS, INC., DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC. JYOTI PATEL served on 8/9/2022, answer due 8/30/2022. (SAGER, DAVID) |
| Filing 8 SUMMONS Returned Executed by WYNDHAM HOTELS & RESORTS, INC., DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC. INDRA PATEL served on 8/9/2022, answer due 8/30/2022. (SAGER, DAVID) |
| Filing 7 SUMMONS Returned Executed by WYNDHAM HOTELS & RESORTS, INC., DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC. 4200 ROSE HOSPITALITY LLC served on 8/9/2022, answer due 8/30/2022. (SAGER, DAVID) |
| Filing 6 AMENDED COMPLAINT against 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL, filed by WYNDHAM HOTELS & RESORTS, INC., DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC.(SAGER, DAVID) |
| Filing 5 SUMMONS ISSUED as to 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (lag, ) |
| Filing 4 Letter re 3 Order,,. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Exhibit B - Redline Proposed Amended Complaint)(SAGER, DAVID) |
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Filing 3
TEXT ORDER: Plaintiffs shall SHOW CAUSE by August 15, 2022, why the matter should not be dismissed for lack of subject matter jurisdiction. Specifically, to rely on diversity citizenship, Plaintiffs must, inter alia, allege citizenship (not residency) of LLC members. See Zambelli Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 418 (3d. Cir. 2010); Lincoln Ben Life Co. v. AEI Life, LLC, 800 F.3d 99, 108 n.36 (3d Cir. 2015); McCann v. Newman Irrevocable Trust, 458 F.3d 281, 286 (3d Cir. 2006). Plaintiffs shall show cause via letter (not more than 2 pages) and the filing of an amended complaint if appropriate. SO ORDERED by Judge Brian R. Martinotti on 08/01/2022. (lr, )
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| Filing 2 Corporate Disclosure Statement by DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC, WYNDHAM HOTELS & RESORTS, INC. identifying WYNDHAM HOTELS & RESORTS, INC. as Corporate Parent.. (SAGER, DAVID) |
| Filing 1 COMPLAINT against 4200 ROSE HOSPITALITY LLC, INDRA PATEL, JYOTI PATEL ( Filing and Admin fee $ 402 receipt number ANJDC-13597624), filed by WYNDHAM HOTELS & RESORTS, INC., DAYS INNS WORLDWIDE, INC., WYNDHAM HOTEL GROUP, LLC. (Attachments: #1 Civil Cover Sheet)(SAGER, DAVID) |
| Case assigned to Judge Brian R. Martinotti and Magistrate Judge Cathy L. Waldor. (jr) |
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