Tempe Hospitality Ventures LLC v. Sheraton LLC
| Tempe Hospitality Ventures LLC |
| Sheraton LLC |
| 1:2023cv10686 |
| December 7, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Contract: Other |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
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Filing 35
SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Thursday, February 29, 2024 at 2:30 pm and will take place by videoconference hosted by the Court on the Microsoft Teams platform. The Court will provide the link for the settlement conference once it receives the annexed Attendance Acknowledgement Form with the names and email addresses of the individuals who will be attending the settlement conference. The parties must read the Court's "Standing Order Applicable to Settlement Conferences Before Magistrate Judge Cave" (the "Standing Order"), which is attached and incorporated by reference. The Court's Settlement Practices, contained in this Order and the Standing Order, prepare the Court and the parties for a productive settlement conference. The parties are directed to confirm with each other that they have received a copy of this Order. Of particular importance, the Court's Settlement Practices require, as further set forth herein. Any party seeking a modification to the procedures required by this Order should make an application promptly by Letter-Motion filed on ECF and should state the position of all other parties as to the proposed modification. Such a Letter-Motion must be sent separately from the letter required by paragraph 4 of the Standing Order and must comply with Magistrate Judge Cave's Individual Practices available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. Failure to comply with all of the terms of this Settlement Conference Scheduling Order constitutes violation of a Court Order, for which sanctions, including reasonable attorneys' fees and costs, may be awarded. The Clerk of Court is respectfully directed to set this conference as a settlement conference even though it will take place remotely. SO ORDERED. Settlement Conference set for 2/29/2024 at 02:30 PM before Magistrate Judge Sarah L. Cave. (Signed by Magistrate Judge Sarah L. Cave on 1/18/2024) (vfr)
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| Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Telephone Conference held on 1/18/2024. Attorneys Lindsay Leavitt and Brittany Lazzaro appeared on behalf of Plaintiff. Attorneys Nicholas Karwacki and Rachel Soloman appeared on behalf of Defendant. (ne) |
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Filing 34
TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference to schedule a Settlement Conference is scheduled for Thursday, January 18, 2024 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 1/18/2024 at 02:00 PM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 1/12/24) (yv)
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Filing 33
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L. Cave. (Signed by Judge Jessica G. L. Clarke on 1/10/2024) (tg)
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| Filing 32 JOINT LETTER addressed to Judge Jessica G. L. Clarke from Rachel B. Soloman dated January 8, 2024 re: Joint Status Letter. Document filed by Sheraton LLC..(Soloman, Rachel) |
| Filing 31 NOTICE OF APPEARANCE by Brittany Kate Lazzaro on behalf of Tempe Hospitality Ventures LLC..(Lazzaro, Brittany) |
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Filing 30
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. It is hereby ORDERED that no later than January 8, 2024, the parties shall file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five pages, and shall provide the following information in separate paragraphs: As further set forth by this Order. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/13/2023) (tg)
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| Filing 29 NOTICE OF APPEARANCE by Rachel Bevans Soloman on behalf of Sheraton LLC..(Soloman, Rachel) |
| Filing 28 CASE TRANSFERRED IN from the United States District Court - District of Arizona; Case Number: 2:22-cv-01577. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jessica G. L. Clarke. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(tro) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (tro) |
| Case Designated ECF. (tro) |
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Filing 27
ORDER granting in part and denying in part Defendant's Motion to Dismiss or in the Alternative Transfer Plaintiff's Complaint. IT IS FURTHER ORDERED directing the Clerk of Court to transfer this action to the United States District Court for Southern District of New York, as expeditiously as is practicable. Signed by Judge Susan M Brnovich on 11/28/23. (SMF) [Transferred from Arizona on 12/7/2023.]
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| Filing 26 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Lindsay G Leavitt. (Leavitt, Lindsay) [Transferred from Arizona on 12/7/2023.] |
| Filing 25 REPLY to Response to Motion re: #16 MOTION to Dismiss Case or in the Alternative, to Transfer filed by Sheraton LLC. (Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
| Filing 24 RESPONSE in Opposition re: #16 MOTION to Dismiss Case or in the Alternative, to Transfer filed by Tempe Hospitality Ventures LLC. (Leavitt, Lindsay) [Transferred from Arizona on 12/7/2023.] |
| Filing 23 Corporate Disclosure Statement by Sheraton LLC. (Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
| Filing 22 Corporate Disclosure Statement by Sheraton LLC identifying Corporate Parent Marriott International Incorporated for Sheraton LLC. (Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
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Filing 21
ORDER that Plaintiff's (Unopposed) #16 Motion for Extension of Time is GRANTED. Plaintiff shall have up to and including April 28, 2023 in which to file a response to Defendant's Motion to Dismiss. Signed by Judge Susan M. Brnovich on 4/20/2023. (ESG) [Transferred from Arizona on 12/7/2023.]
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| Filing 20 First MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss/Transfer, MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Case or in the Alternative, to Transfer, #17 Memorandum by Tempe Hospitality Ventures LLC. (Attachments: #1 Proposed Order)(Leavitt, Lindsay) [Transferred from Arizona on 12/7/2023.] |
| Filing 19 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Sheraton LLC.(ESG) [Transferred from Arizona on 12/7/2023.] |
| Filing 18 REQUEST re: Request for Judicial Notice by Defendant Sheraton LLC. (Attachments: #1 Exhibit A)(Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
| Filing 17 MEMORANDUM in Support of Motion to Dismiss or in the Alternative, to Transfer #16 MOTION to Dismiss Case or in the Alternative, to Transfer by Defendant Sheraton LLC. (Attachments: #1 Exhibit A)(Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
| Filing 16 MOTION to Dismiss Case or in the Alternative, to Transfer by Sheraton LLC. (Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
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Filing 15
ORDER that the parties' #14 Stipulated Motion to Stay Litigation for 120 Days Pending Mediation is GRANTED. IT IS FURTHER ORDERED that all proceedings in this case are stayed until 3/21/2023, or once the Parties have completed mediation, whichever is sooner. IT IS FURTHER ORDERED that, in the event the Parties do not resolve their claims in mediation, that Defendant shall file its responsive pleading or otherwise move pursuant to Fed. R. Civ. P 12 within twenty-one (21) days of the unsuccessful mediation or within twenty-one (21) days of when the Stay expires, whichever is sooner. Signed by Judge Susan M. Brnovich on 11/21/2022. (ESG) [Transferred from Arizona on 12/7/2023.]
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| Filing 14 Joint MOTION to Stay Litigation for 120 Days Pending Mediation by Tempe Hospitality Ventures LLC. (Attachments: #1 Proposed Order)(Leavitt, Lindsay) [Transferred from Arizona on 12/7/2023.] |
| Filing 13 NOTICE of Appearance by Christopher Sean Hennessy on behalf of Sheraton LLC. (Hennessy, Christopher) [Transferred from Arizona on 12/7/2023.] |
| Filing 12 AMENDED COMPLAINT against Sheraton LLC filed by Tempe Hospitality Ventures LLC.(Leavitt, Lindsay) [Transferred from Arizona on 12/7/2023.] |
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Filing 11
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 19, 2022. Signed by Judge Susan M. Brnovich on 10/4/2022. (ESG) [Transferred from Arizona on 12/7/2023.]
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Filing 10
ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 10/4/2022. (ESG) [Transferred from Arizona on 12/7/2023.]
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| Filing 9 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Susan M Brnovich. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1577-PHX-SMB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 12/7/2023.] |
| Filing 8 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 12/7/2023.] |
| Filing 6 Corporate Disclosure Statement by Tempe Hospitality Ventures LLC. (Leavitt, Lindsay) [Transferred from Arizona on 12/7/2023.] |
| Filing 5 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Tempe Hospitality Ventures LLC. (JAM) [Transferred from Arizona on 12/7/2023.] |
| Filing 4 Summons Issued as to Sheraton LLC. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 12/7/2023.] |
| Filing 3 Filing fee paid, receipt number AAZDC-21110988. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-22-1577-PHX-ESW. Magistrate Election form attached. (JAM) [Transferred from Arizona on 12/7/2023.] |
| Filing 2 SUMMONS Submitted by Tempe Hospitality Ventures LLC. (Leavitt, Lindsay) (JAM) [Transferred from Arizona on 12/7/2023.] |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21110988 filed by Tempe Hospitality Ventures LLC. (Leavitt, Lindsay) (Attachments: #1 Civil Cover Sheet)(JAM) [Transferred from Arizona on 12/7/2023.] |
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