S.J. v. Choice Hotels Corporation et al
| S.J. |
| Choice Hotels Corporation d/b/a Econo Lodges of America, Inc., Wyndham Hotels & Resorts, LLC d/b/a Howard Johnson Inn, Choice Hotels International, Inc., Choice Hotels Corporation, Wyndham Hotels and Resorts, LLC., Wyndham Hotels & Resorts, LLC, Howard Johnson International, Inc., Shanta Hospitality LLC, Jav, Inc., Wyndham Hotels & Resorts, Inc., Choice Hotels International, Inc. doing business as Econo Lodges of America, Inc., Wyndham Hotels and Resorts, LLC. doing business as Howard Johnson Inn, Choice Hotels Corporation doing business as Econo Lodges of America, Inc. and Wyndham Hotels & Resorts, LLC doing business as Howard Johnson Inn |
| 1:2019cv06071 |
| October 29, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 65 NOTICE of Appearance by Adam Christopher Guzik on behalf of Jav, Inc. (aty to be noticed) (Guzik, Adam) |
| Filing 64 NOTICE of Appearance by David Scott Rutherford on behalf of Jav, Inc. (aty to be noticed) (Rutherford, David) |
| Filing 63 NOTICE of Consent to Change Attorney by Adam Christopher Guzik (Guzik, Adam) |
| Filing 62 Letter to the Court Regarding Supplemental Authority by Choice Hotels Corporation, Choice Hotels International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Turner, Sara) |
| Filing 61 REPLY in Support re #57 Letter MOTION for pre motion conference re #34 Amended Complaint, Seeking Leave to Submit a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc.. (Sager, David) |
| Filing 60 Letter MOTION for Leave to File Excess Pages by Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc.. (Sager, David) |
ORDER granting #60 Motion for Leave to File Excess Pages. Wyndham Defendants' may file an 18-page reply brief in support of their motion to dismiss. Ordered by Judge Brian M. Cogan on 5/22/2020. (Weisberg, Peggy)
|
| Filing 59 RESPONSE in Opposition re #57 Letter MOTION for pre motion conference re #34 Amended Complaint, Seeking Leave to Submit a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by S.J.. (London, Michael) |
|
ORDER denying #57 as unnecessary. The premotion conference is waived. This letter is deemed to constitute Wyndam's motion to dimiss under Rule 12(b)(6). Plaintiff's opposition due by 5/18/2020. Ordered by Judge Brian M. Cogan on 5/5/2020. (Weisberg, Peggy)
|
| Filing 58 Letter to the Court Regarding Supplemental Authority by S.J. (Attachments: #1 Exhibit A, #2 Exhibit B) (London, Michael) |
| Filing 57 Letter MOTION for pre motion conference re #34 Amended Complaint, Seeking Leave to Submit a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Wyndham Hotels & Resorts, Inc.. (Sager, David) |
| Filing 56 ANSWER to #34 Amended Complaint, by Jav, Inc.. (Moore, Robert) |
| Filing 55 Corporate Disclosure Statement by Shanta Hospitality LLC (Polinsky, John) |
| Filing 54 ANSWER to #34 Amended Complaint, by Shanta Hospitality LLC. (Polinsky, John) |
| Filing 53 NOTICE of Appearance by John Polinsky on behalf of Shanta Hospitality LLC (aty to be noticed) (Polinsky, John) |
| Filing 52 First MOTION for Extension of Time to File Answer re #34 Amended Complaint, by Jav, Inc.. (Moore, Robert) |
| Filing 51 Corporate Disclosure Statement by Jav, Inc. (Moore, Robert) |
| Filing 50 NOTICE of Appearance by Robert Reed Moore, Jr on behalf of Jav, Inc. (aty to be noticed) (Moore, Robert) |
|
ORDER granting #52 . Defendant Jav, Inc.'s time to file its answer extended to 5/1/2020. Ordered by Judge Brian M. Cogan on 4/16/2020. (Weisberg, Peggy)
|
| Filing 49 RESPONSE in Opposition re #40 MOTION to Dismiss filed by S.J.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (London, Michael) |
| Filing 48 Corporate Disclosure Statement by Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc. identifying Corporate Parent Wyndham Hotels & Resorts, Inc. for Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc.. (Sager, David) |
| Filing 47 NOTICE of Appearance by Edwin R. Cortes on behalf of Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc. (aty to be noticed) (Cortes, Edwin) |
| Filing 46 NOTICE of Appearance by Jonathan Michael Kinney on behalf of Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc. (aty to be noticed) (Kinney, Jonathan) |
| Filing 45 NOTICE of Appearance by David Sager on behalf of Howard Johnson International, Inc., Wyndham Hotels & Resorts, Inc. (aty to be noticed) (Sager, David) |
|
Filing 44
STIPULATED PROTECTIVE ORDER re: #43 Motion for Protective Order. ( Ordered by Judge Brian M. Cogan on 4/9/2020 ) (Guzzi, Roseann)
|
| Filing 43 Second MOTION for Protective Order by Joint Letter by Wyndham Hotels & Resorts, Inc.. (Attachments: #1 Proposed Order Protective Order) (Kinney, Jonathan) |
|
Filing 42
ORDER TO ANSWER dated 4/8/20 granting #41 Motion for Extension of Time to Answer as to the Wyndham Hotels & Resorts, Inc. and Howard JohnsonInternational, Inc. (together, the "Wyndham Entities"), answer due 5/1/2020. ( Ordered by Judge Brian M. Cogan on 4/8/2020 ) (Guzzi, Roseann)
|
| Filing 41 First MOTION for Extension of Time to File Answer or Respond by Wyndham Hotels & Resorts, Inc.. (Attachments: #1 Proposed Order Stipulated Proposed Order) (Kinney, Jonathan) |
|
ORDER granting in part and deferring ruling in part on #40 Motion for Premotion Conference. The Court deems this letter to supplement defendants' #24 motion to dismiss. Plaintiff shall file a supplemental opposition, if any, by 4/10/2020. Ordered by Judge Brian M. Cogan on 3/30/2020. (Weisberg, Peggy)
|
| Filing 40 Letter MOTION for pre motion conference re #34 Amended Complaint, Supplemental Letter Motion Seeking Permission to Renew Initial Letter Motion to Dismiss by Choice Hotels Corporation, Choice Hotels International, Inc.. (Attachments: #1 Exhibit A - Hearing Transcript - Northern District of Georgia, #2 Exhibit B - Hearing Transcript - Southern District of Texas) (Turner, Sara) Modified on 4/9/2020 to change to motion to dismiss (Guzzi, Roseann). |
| Filing 39 Summons Issued as to Shanta Hospitality LLC. (Galeano, Sonia) |
| Filing 38 Summons Issued as to Howard Johnson International, Inc.. (Galeano, Sonia) |
| Filing 37 Summons Issued as to Jav, Inc.. (Galeano, Sonia) |
| Filing 36 Summons Issued as to Wyndham Hotels & Resorts, Inc.. (Galeano, Sonia) |
| Filing 35 Summons Issued as to Choice Hotels International, Inc.. (Galeano, Sonia) |
| Filing 34 AMENDED COMPLAINT against Choice Hotels International, Inc., Wyndham Hotels & Resorts, Inc., Jav, Inc., Howard Johnson International, Inc., Shanta Hospitality LLC, filed by S.J.. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (London, Michael) |
|
Filing 33
CIVIL CASE MANAGEMENT PLAN/SCHEDULING ORDER is hereby adopted. ( Ordered by Judge Brian M. Cogan on 2/20/2020 ) (Guzzi, Roseann)
|
| Minute Entry and Order for Discovery Hearing held on 2/19/2020 before Judge Brian M. Cogan. Counsel for plaintiff and counsel for defendants Choice and Wyndham appeared. Parties' #29 motion for protective order denied. The parties shall submit a revised protective order consistent with the Court's rulings. The Clerk of Court is ORDERED to remove "Choice Hotels Corporation doing business as Econo Lodges of America, Inc." from the pleading heading and delete "doing business as Econo Lodges of America, Inc." from defendant Choice Hotels International, Inc.'s name in the case caption. Fact discovery will end on 9/18/2020. Case Management Plan to be docketed separately. See transcript for details. (Court Reporter: Georgette Betts.) (Weisberg, Peggy) |
| Filing 32 Letter in connection with Civil Case Management Plan by S.J. (Attachments: #1 CIVIL CASE MANAGEMENT PLAN) (London, Michael) |
| Filing 31 JPMDL Conditional Transfer Order DENYING the motion for centralization of these actions. (Marziliano, August) |
| Filing 30 REPLY in Support re #24 Letter MOTION for pre motion conference requesting permission to file a motion to dismiss and for an extension of time to either file motion to dismiss or answer filed by Choice Hotels Corporation, Choice Hotels International, Inc.. (Turner, Sara) |
|
SCHEDULING ORDER: re #29 . A Discovery Hearing is set for 2/19/2020 at 11:30 AM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 1/30/2020. (Clarke, Melonie)
|
| Filing 29 First MOTION for Protective Order by Joint Letter by Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC.. (Attachments: #1 Exhibit Exhibit A - Plaintiff - Stipulated Protective Order, #2 Exhibit Exhibit B - Plaintiff's Redlines to Defendants' Protective Order, #3 Exhibit Exhibit C - Defendants' Proposed Protective Order) (Kinney, Jonathan) |
| Filing 28 RESPONSE in Opposition re #24 Letter MOTION for pre motion conference requesting permission to file a motion to dismiss and for an extension of time to either file motion to dismiss or answer filed by S.J.. (London, Michael) |
| Filing 27 Letter to Clerk of Court furnishing copy of Reply in Support of Plaintiffs' Motion for Transfer filed in MDL 2928. (Lee, Tiffeny) |
| Filing 26 NOTICE of Appearance by David Sager on behalf of Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC. (aty to be noticed) (Sager, David) |
| Filing 25 Corporate Disclosure Statement by Choice Hotels International, Inc. (Turner, Sara) |
| Filing 24 Letter MOTION for pre motion conference requesting permission to file a motion to dismiss and for an extension of time to either file motion to dismiss or answer by Choice Hotels Corporation, Choice Hotels International, Inc.. (Turner, Sara) |
|
ORDER deferring ruling on #24 Motion for Pre Motion Conference. This letter is deemed to constitute defendant Choice Hotels International, Inc.'s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Plaintiff's opposition due by 1/28/2020, defendant's reply due by 2/4/2020. Ordered by Judge Brian M. Cogan on 1/13/2020. (Weisberg, Peggy)
|
|
ORDER granting #23 David S. Sager's Motion for Leave to Appear Pro Hac Vice as counsel for defendant Wyndham Franchisor, LLC. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 12/31/2019. (Weisberg, Peggy)
|
| Filing 23 MOTION to Appear Pro Hac Vice David S. Sager Filing fee $ 150, receipt number ANYEDC-12175472. by Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC.. (Attachments: #1 Affidavit in Support of Jonathan M. Kinney, #2 Affidavit in Support of David S. Sager, #3 Exhibit A - Certificates of Good Standing, #4 Proposed Order) (Kinney, Jonathan) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 12/19/2019. Counsel for all parties appeared. The parties shall submit a joint proposed protective order before 1/30/2020. (Weisberg, Peggy) |
| Filing 22 NOTICE of Appearance by Jonathan Michael Kinney on behalf of Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC. (aty to be noticed) (Kinney, Jonathan) |
| Filing 21 NOTICE of Appearance by Jennifer Anne Casey on behalf of Choice Hotels International, Inc. (notification declined or already on case) (Casey, Jennifer) |
| Filing 20 Letter to Court Pursuant to Mandatory Requirements for Initial Status Conference [ECF 6] by Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC. (Cortes, Edwin) |
| Filing 19 NOTICE of Appearance by Sara Marie Turner on behalf of Choice Hotels International, Inc. (aty to be noticed) (Turner, Sara) |
| PRO HAC VICE FILING FEE: re #13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12099636. $ 150, receipt number ANYEDC-12137862 (Turner, Sara) |
| Filing 18 Corporate Disclosure Statement by Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC. identifying Corporate Parent Wyndham Hotels & Resorts, Inc. for Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC.. (Cortes, Edwin) |
| Filing 17 ANSWER to #9 Amended Complaint by Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC.. (Cortes, Edwin) |
| Filing 16 NOTICE of Appearance by Edwin R. Cortes on behalf of Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC. (aty to be noticed) (Cortes, Edwin) |
|
ORDER granting #13 Sara M. Turner's Motion for Leave to Appear Pro Hac Vice as counsel for defendant Choice Hotels International, Inc. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 11/27/2019. (Weisberg, Peggy)
|
| Filing 15 SUMMONS Returned Executed by S.J.. Wyndham Hotels and Resorts, LLC. served on 11/19/2019, answer due 12/10/2019. (London, Michael) |
| Filing 14 SUMMONS Returned Executed by S.J.. Wyndham Hotels & Resorts, LLC served on 11/19/2019, answer due 12/10/2019. (London, Michael) |
| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12099636. by Choice Hotels International, Inc.. (Attachments: #1 Affidavit in Support by Jennifer Casey, #2 Affidavit in Support by Sara M. Turner, #3 Exhibit A- Certificates of Good Standing) (Casey, Jennifer) |
| Filing 12 First MOTION for Extension of Time to File Answer Complaint by Choice Hotels Corporation, Choice Hotels International, Inc.. (Casey, Jennifer) |
|
ORDER granting #12 Motion for Extension of Time. Defendant Choice Hotels International, Inc.'s time to answer is extended to 1/14/2020. However, the Initial Status Conference previously set for 12/19/2019 will proceed as scheduled since this Court does not wait for answers to be filed as they are not required in planning discovery set at the conference. Therefore the parties are reminded to comply with the mandatory requirements for the conference set forth at #6 . In addition, defense counsel is advised that this motion was filed on behalf of both Choice Hotels Corporation and Choice Hotels International, Inc. The former was voluntarily dismissed on 11/21/2019. In the future, counsel must pay attention to identifying the filer of any submission. Ordered by Judge Brian M. Cogan on 11/22/2019. (Weisberg, Peggy)
|
| Filing 11 NOTICE of Voluntary Dismissal by S.J. against CHOICE HOTELS CORPORATION d/b/a ECONO LODGES OF AMERICA, INC. (London, Michael) |
| Filing 10 Summons Issued as to Choice Hotels Corporation, Choice Hotels International, Inc., Wyndham Hotels & Resorts, LLC, Wyndham Hotels and Resorts, LLC.. (Attachments: #1 summons issued, #2 summons issued, #3 summons issued) (Guzzi, Roseann) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by S.J.. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (London, Michael) |
| Filing 8 SUMMONS Returned Executed by S.J.. Choice Hotels Corporation served on 10/31/2019, answer due 11/21/2019. (London, Michael) |
| Filing 7 SUMMONS Returned Executed by S.J.. Wyndham Hotels & Resorts, LLC served on 11/7/2019, answer due 11/28/2019. (London, Michael) |
|
Filing 6
SCHEDULING ORDER: Initial Status Conference is set for 12/19/2019 at 5:00 PM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 10/30/2019. (Weisberg, Peggy)
|
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
|
ORDER granting #2 . Plaintiff's motion to proceed anonymously is granted subject to further review by the Court at subsequent stages of the litigation, if necessary. The Court finds that the nature of the allegations in this case, plaintiff's credible fear of retaliation from non-parties, and the risk of chilling litigation by a victim of sex trafficking all caution in favor of protecting plaintiff's identity. Furthermore, because plaintiff is willing to provide the relevant personal information to defendants under a protective order, defendants will not suffer the prejudice of having to defend against allegations by an unknown person. Finally, allowing plaintiff to proceed under a pseudonym will not meaningfully offend the public's interest in access to judicial proceedings, as all other aspects of the record will remain public. The Court will reconsider this Order de novo if defendants or an interested party objects within 14 days. Plaintiff is directed to serve a copy of this Order on defendants and their known attorneys immediately. In the meantime, plaintiff may use the pseudonym in the caption in all public court filings, but shall submit a sealed filing revealing her name to the Court. Ordered by Judge Brian M. Cogan on 10/30/2019. (Weisberg, Peggy)
|
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to File Document to Proceed Anonymously and Brief in Support by S.J.. (London, Michael) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11989084 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by S.J.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (London, Michael) |
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 York Eastern 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.
