J.T. v. Choice Hotels International, Inc. et al
| J. T. |
| Choice Hotels International, Inc., Wyndham Hotels & Resorts, Inc., Red Roof Inns, Inc. and Red Roof Franchising, LLC |
| 2:2023cv03209 |
| April 28, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE. The Notice of Dismissal, DE 16, is hereby SO ORDERED. Pursuant to Rule 41, this case is DISMISSED without prejudice. The Clerk of the Court is respectfully directed to close the case. Ordered by Judge Gary R. Brown on 8/29/2023. (MR)
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| Filing 16 NOTICE of Voluntary Dismissal by J. T. Pursuant to FRCP 41(a)(1)(A)(i) (Farrell, Jaime) |
| Filing 15 NOTICE of Appearance by Jaime M Farrell on behalf of J. T. (aty to be noticed) (Farrell, Jaime) |
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ELECTRONIC SCHEDULING ORDER: The undersigned's chambers received a telephone communication from anticipated pro hac vice counsel for Plaintiff in this matter that reported electronic filing issues and requested a modest extension of the date to respond to the Court's 8/10/2023 Order To Show Cause. That request is GRANTED. The date by which Plaintiff must respond to the Court's 8/10/2023 Order To Show Cause is EXTENDED to 8/29/2023. Ordered by Magistrate Judge Lee G. Dunst on 8/25/2023. (CB)
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ORDER TO SHOW CAUSE: Because "[t]he docket neither reflects proof of service nor waiver of service," the Court's 5/1/2023 Order directed Plaintiff to "file a letter by 5/15/2023 addressing the status of service in this action." 5/1/2023 Order. In addition, the Court also directed Plaintiff to "file by 5/4/2023 proof that [the 5/1/2023] Order was served upon Defendants and their counsel who appeared at the 3/21/2023 oral argument concerning transfer." Id. (emphasis removed). Plaintiff, however, has filed nothing in the period exceeding 100 days since the Court issued that Order. "If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). Accordingly, Plaintiff shall show cause by 8/25/2023 why the undersigned should not recommend to District Judge Gary R. Brown that this action be dismissed without prejudice under Fed. R. Civ. P. 4(m) for failure of timely service. FAILURE TO SHOW CAUSE AS DIRECTED BY 8/25/2023 MAY ALTERNATIVELY LEAD TO A RECOMMENDATION THAT THIS CASE BE DISMISSED UNDER FED. R. CIV. P. 41(b) FOR FAILURE TO PROSECUTE AND/OR TO COMPLY WITH COURT ORDERS. Ordered by Magistrate Judge Lee G. Dunst on 8/10/2023. (CB) Modified on 8/10/2023 (CT).
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ELECTRONIC SCHEDULING ORDER: In this action, (1) the complaint was filed on 10/28/2022 in the Southern District of Ohio, (2) summonses were issued on 11/3/2022, (3) the case was stayed on 1/20/2023, (4) the stay was lifted and the case was ordered to be transferred to this district on 4/25/2023, and (5) the case was transferred to this district on 4/28/2023. See DE #1 (complaint); DE #2 (summonses issued); DE #3 (staying case); DE #12 (lifting stay and ordering transfer); DE #13 (transferring case). The docket neither reflects proof of service nor waiver of service. In addition, the docket does not reflect notices of appearance for defense counsel of record. Yet, counsel for defendants appeared at the 3/21/2023 oral argument concerning venue transfer. See DE #10 (minute entry reflecting defense counsel appearances); DE #11 (transcript of argument). Given the foregoing, Plaintiff shall file a letter by 5/15/2023 addressing the status of service in this action. See Fed. R. Civ. P. 4(h), (d), (l) (requiring the filing of proof of service on entity defendants or waivers of service executed by same). Defendants are encouraged to obtain counsel who enter notices of appearance forthwith. Defendants will be required to obtain counsel once Plaintiff demonstrates service or waiver thereof. See United States v. Twenty MILJAM-350 IED Jammers, 669 F.3d 78, 91 (2d Cir. 2011) ("[A] corporation is not allowed to appear in federal court except by a licensed attorney...."). Plaintiff shall file by 5/4/2023 proof that this Order was served upon Defendants and their counsel who appeared at the 3/21/2023 oral argument concerning transfer. See DEs #10 , #11 . Ordered by Magistrate Judge Lee G. Dunst on 5/1/2023. (CB)
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| Filing 14 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. (DC) |
| Filing 13 Case transferred in from District of Ohio Southern; Case Number 2:22-cv-03842. Original file certified copy of transfer order and docket sheet received. |
| The case of J.T. v. Choice Hotels International, Inc. et al, has been transferred from Ohio Southern to the Eastern District of New York. The new case number is 23cv3209. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (JC) |
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Filing 12
ORDER denying (11) Motion to Change Venue in case 2:22-cv-01924-ALM-EPD; denying (15) Motion to Change Venue in case 2:22-cv-03258-ALM-EPD. The following cases are TRANSFERRED to: United States District Court for the Northern District of Ohio: R.C., 2:22-cv-2690; S.C., 2:22-cv-2734; J.S., 2:22-cv-3080; J.C., 2:22-cv-3340; and C.M., 2:22-cv-3798. United States District Court for the Eastern District of New York: J.T., 2:22-cv-3842. The stays in the identified cases are LIFTED. (S.C. ECF No. 37). The presiding Magistrate Judge will set a conference by separate order. Signed by Chief Judge Algenon L. Marbley on April 25, 2023. (jlk) [Transferred from Ohio Southern on 4/28/2023.]
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| Case transferred to Eastern District of New York. Case file and docket sheet sent Electronically. (jlk) [Transferred from Ohio Southern on 4/28/2023.] |
| Filing 11 Transcript of Oral Argument Proceedings held on March 21, 2023, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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 5/10/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/18/2023. (Evans, Shawna) [Transferred from Ohio Southern on 4/28/2023.] |
| Filing 10 Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Oral Argument regarding venue transfer held on 3/21/2023. (Court Reporter: Shawna Evans) (dms) [Transferred from Ohio Southern on 4/28/2023.] |
| Filing 9 Reply BRIEF by Plaintiff J. T.. (Babin, Steven) [Transferred from Ohio Southern on 4/28/2023.] |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff J. T.. (Babin, Steven) [Transferred from Ohio Southern on 4/28/2023.] |
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Filing 7
ORDER granting 24 Motion for Hearing (in 2:22cv1924). Hearing on Venue set for 3/21/2023 01:00 PM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Parties are ORDERED to file simultaneous briefings. Each party is to submit to this Court only one opening brief in all the captioned cases no later than 3/1/2023. Because thirty-four of the thirty-five Plaintiffs in the captioned cases are represented by the same Counsel, Plaintiffs Counsel for all of the captioned cases, except for M.H. v. Red Roof Inns, Inc. et al, Case No: 2:22-cv-3258, should submit only one opening brief for all thirty-four Plaintiffs that Counsel represents. Plaintiffs Counsel in M.H. may submit a separate opening brief. Following the same briefing structure as required for the opening briefs, the parties in the captioned cases may submit one reply brief no later than 3/10/2023. Signed by Chief Judge Algenon L. Marbley on 2/1/2023. (cw) [Transferred from Ohio Southern on 4/28/2023.]
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Filing 6
ORDER - This matter is before the Court for consideration of various motions for extensions of time in each of the identified Related Cases. For good cause shown and in consultation with the presiding Chief District Judge, the motions are GRANTED IN PART. The above-identified cases shall remain STAYED, and the parties' responses to the Court's January 20, 2023 Show Cause Orders are hereby HELD IN ABEYANCE pending the Court's resolution of Defendants' Motion to Transfer Venue in L.G. v. Red Roof Inns, Inc., et al., Case No. 2:22-cv-1924. The Court will set a new deadline for the parties' responses to the Court's January 20, 2023 Show Cause Orders by separate Order. Signed by Magistrate Judge Elizabeth Preston Deavers on January 27, 2023. (jlk) [Transferred from Ohio Southern on 4/28/2023.]
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| Filing 5 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:19-cv755 ARE related. Case reassigned to Chief Judge Algenon L. Marbley and Magistrate Judge Elizabeth Preston Deavers for all further proceedings (jlk) [Transferred from Ohio Southern on 4/28/2023.] |
| Filing 4 MOTION for Extension of Time New date requested 3/14/2023. by Plaintiff J. T.. (Babin, Steven) [Transferred from Ohio Southern on 4/28/2023.] |
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Filing 3
ORDER TO SHOW CAUSE - Upon consultation with the presiding Chief District Judge, this matter is STAYED, and the parties are DIRECTED to SHOW CAUSE why the Court should not sua sponte transfer this action, within FOURTEEN (14) DAYS of the date of this Order. Show Cause Response due by 2/3/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on January 20, 2023. (jlk) [Transferred from Ohio Southern on 4/28/2023.]
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| Filing 2 Summons Issued as to Choice Hotels International, Inc., Red Roof Franchising, LLC, Red Roof Inns, Inc., and Wyndham Hotels & Resorts, Inc.. (daf) [Transferred from Ohio Southern on 4/28/2023.] |
| Filing 1 COMPLAINT with JURY DEMAND against Choice Hotels International, Inc., Red Roof Franchising, LLC, Red Roof Inns, Inc., Wyndham Hotels & Resorts, Inc. ( Filing fee $ 402 paid - receipt number: AOHSDC-9116637), filed by J. T.. (Attachments: #1 Civil Cover Sheet, #2 Summons Form as to Choice Hotels International, Inc., #3 Summons Form as to Wyndham Hotel & Resorts, Inc., #4 Summons Form as to Red Roof Inns, Inc., #5 Summons Form as to Red Roof Franchising, LLC) (Babin, Steven) [Transferred from Ohio Southern on 4/28/2023.] |
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