Carolina Hospitality Group 2010, LLC v. Wischermann Partners, Inc.
| Carolina Hospitality Group 2010, LLC |
| Wischermann Partners, Inc. |
| 3:2021cv00328 |
| June 30, 2021 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Frank D Whitney |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 38 Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Carolina Hospitality Group 2010, LLC. Responses due by 10/13/2021 (Dressler, Brett). Motions referred to David S. Cayer. |
| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 10/12/2021. (clc) |
| Filing 37 Defendant's ANSWER to #35 Amended Complaint and Affirmative Defenses to Second Amended Complaint by Wischermann Partners, Inc..(Hinson, Philip) |
| Filing 36 MOTION to Dismiss Plaintiff's Second Amended Complaint by Wischermann Partners, Inc.. Responses due by 9/30/2021 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Philip A. Hinson) (Hinson, Philip) |
| Filing 35 AMENDED COMPLAINT (Second) against Wischermann Partners, Inc., filed by Carolina Hospitality Group 2010, LLC.(Dressler, Brett) |
| TEXT-ONLY ORDER denying #26 Motion to Dismiss for Failure to State a Claim. It is well settled that a timely-filed amended pleading supersedes the original pleading, and motions directed at superseded pleadings may be denied as moot. Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001) ("[t]he general rule is that an amended pleading supersedes the original pleading, rendering the original pleading of no effect"). Pursuant to Plaintiff's filing of the Second Amended Complaint (Doc. No. 35), this motion is DENIED AS MOOT. (TM) |
TEXT-ONLY ORDER granting #32 Unopposed Motion for Leave to File Second Amended Complaint. Plaintiff shall filed Second Amended Complaint within five days of this Order. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/30/2021. (DLG)
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TEXT-ONLY ORDER granting #34 Motion for Extension of Time. IAC Report and Plaintiffs response to Defendants Partial Motion to Dismiss Plaintiffs Amended Complaint are due ten (10) days after the Courts decision on Motion for Leave to File Second Amended Complaint (document #32). So Ordered. Entered by Magistrate Judge David S. Cayer on 8/21/2021. (DLG)
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| Filing 34 Joint MOTION for Extension of Time to File Response/Reply re: #26 MOTION to Dismiss for Failure to State a Claim (Partial) and IAC Report by Carolina Hospitality Group 2010, LLC. Responses due by 9/3/2021 (Dressler, Brett). Motions referred to David S. Cayer. |
| Filing 33 MEMORANDUM in Support re #32 MOTION for Leave to File Second Amended Complaint by Carolina Hospitality Group 2010, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dressler, Brett) |
| Filing 32 MOTION for Leave to File Second Amended Complaint by Carolina Hospitality Group 2010, LLC. Responses due by 8/26/2021 (Dressler, Brett). Motions referred to David S. Cayer. |
| Filing 31 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and File IAC Report by Wischermann Partners, Inc.. Responses due by 8/26/2021 (Leis, Craig). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #31 Motion for Extension of Time to File Response/Reply re #26 MOTION to Dismiss for Failure to State a Claim. Responses due by 8/22/2021. IAC Report due by 8/26/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/12/2021. (DLG)
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| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 8/16/2021. (clc) |
| Filing 30 NOTICE of Appearance by Craig Lorne Leis on behalf of Wischermann Partners, Inc. (Leis, Craig) |
| Filing 29 Consent MOTION for Extension of Time to File Response/Reply re: #26 MOTION to Dismiss for Failure to State a Claim (Partial) by Carolina Hospitality Group 2010, LLC. Responses due by 8/6/2021 (Dressler, Brett). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #29 Motion for Extension of Time to File Response/Reply re #26 MOTION to Dismiss for Failure to State a Claim (Partial). Responses due by 8/12/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/23/2021. (DLG)
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| Filing 28 Corporate Disclosure Statement by Wischermann Partners, Inc. (Hinson, Philip) |
| Filing 27 Defendant's ANSWER to #18 Amended Complaint and Affirmative Defenses by Wischermann Partners, Inc..(Hinson, Philip) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim (Partial) by Wischermann Partners, Inc.. Responses due by 8/5/2021 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Philip A. Hinson) (Hinson, Philip) |
| Filing 25 NOTICE of Appearance by Kevin V. Parsons on behalf of Wischermann Partners, Inc. (Parsons, Kevin) |
| Filing 24 NOTICE of Appearance by Philip Andrew Hinson on behalf of Wischermann Partners, Inc. (Hinson, Philip) |
| Filing 23 NOTICE of Appearance by Brett E. Dressler on behalf of Carolina Hospitality Group 2010, LLC (Dressler, Brett) |
| Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (rth) |
| Set/Reset Deadlines: Wischermann Partners, Inc. answer due 7/22/2021. (rth) |
| Notice to Saul Warren Bienenfeld, Lucas Michelen, Charles Macdonald, Jeffrey Spiegel, Rory Collins: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 7/15/2021. (rth) |
| Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Case transferred in from Eastern District of New York; Case Number 1:21-cv-00496. Original electronic file and docket sheet received. |
| Case transferred to Western District of North Carolina. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Herrera, Isaiah) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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Filing 22
ORDER -- Both Plaintiff and Defendant consent to this action's transfer to the Western District of North Carolina. See ECF No. 20 at 1 ("Plaintiff consents to Defendant's request to transfer this action to the United States District Court in the Western District of North Carolina, pursuant to 28 U.S.C. Section 1404(a)[.]"); ECF No. 21 at 1 ("Defendant consents to this Court's transfer of the action to the Western District of North Carolina under 28 U.S.C. 1404(a)."). Accordingly, this action is hereby transferred to the Western District of North Carolina. See 28 U.S.C. 1404(a). The provision of Local Civil Rule 83.1 requiring a seven-day delay between a transfer order and the effectuation of the transfer is waived. Ordered by Judge Diane Gujarati on 6/29/2021. (Almonte, Kelly) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 21 Letter to Judge Diane Gujarati from Jeffrey Spiegel re Defendant's Consent to Transfer Action to the Western District of North Carolina by Wischermann Partners, Inc. (Attachments: #1 Exhibit A) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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ORDER re #19 Motion for Pre-Motion Conference -- In a pre-motion letter filed June 7, 2021, Defendant indicates its intention to file a motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(6) and to transfer this action to the Western District of North Carolina pursuant to 28 U.S.C. 1404(a), based on a "Venue and Jurisdiction" clause in Article 23.3 of a management agreement (the "Agreement") between the parties. In Plaintiff's pre-motion letter in response, Plaintiff indicates that it consents to this action's transfer to the Western District of North Carolina. Accordingly, Defendant is directed to submit in writing Defendant's position on whether it consents to this action's transfer to the Western District of North Carolina without this Court first addressing Defendant's anticipated motion to dismiss. If Defendant does not so consent, Defendant shall set forth its position on the Court's jurisdiction to rule on its anticipated motion to dismiss. Defendant shall attach to its filing the Agreement. Ordered by Judge Diane Gujarati on 6/29/2021. (Almonte, Kelly) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 20 REPLY in Opposition re #19 Letter MOTION for pre motion conference, RESPONSE in Opposition re #19 Letter MOTION for pre motion conference filed by Carolina Hospitality Group 2010 LLC. (Bienenfeld, Saul) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 19 Letter MOTION for pre motion conference by Wischermann Partners, Inc.. (Spiegel, Jeffrey) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 18 AMENDED COMPLAINT against All Plaintiffs, filed by Carolina Hospitality Group 2010 LLC. (Bienenfeld, Saul) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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ORDER denying #13 Motion for Pre Motion Conference -- In its pre-motion letter filed May 13, 2021, Plaintiff requests leave to amend its Complaint. The Court has determined that leave to amend is appropriate here, where new counsel has recently appeared in the case, the record does not reflect any undue delay or bad faith by Plaintiff, and amendment at this stage will not result in undue prejudice to the Defendant. See Fed. R. Civ. P. 15(a)(2) (explaining that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commcns Co. v. Best Yet Mkt., Inc., No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiff shall file its amended complaint on or before May 25, 2021. Defendant's motion for a pre-motion conference is denied without prejudice to Defendant renewing its request after the filing of the amended complaint. Ordered by Judge Diane Gujarati on 5/18/2021. (Almonte, Kelly) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 17 REPLY in Opposition re #13 Letter MOTION for pre motion conference to Judge Diane Gujarati leave to amend Complaint pursuant to FRCP15(a)(1)(B) filed by All Plaintiffs. (Bienenfeld, Saul) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 16 NOTICE of Appearance by Saul Warren Bienenfeld on behalf of All Plaintiffs (notification declined or already on case) (Bienenfeld, Saul) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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Filing 15
ORDER granting #14 Motion to Substitute Attorney. Attorney Warren Alvin Estis; Frank V. Carone, Jr and Michael T Carr terminated; granting #14 Motion to Withdraw as Attorney. Attorney Warren Alvin Estis; Frank V. Carone, Jr and Michael T Carr terminated. Endorsed on doc 14. Ordered by Magistrate Judge Lois Bloom on 5/12/2021. (Rein, Gilbert) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 14 First MOTION to Substitute Attorney, First MOTION to Withdraw as Attorney by Carolina Hospitality Group 2010, LLC. (Carr, Michael) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 13 Letter MOTION for pre motion conference to Judge Diane Gujarati by Wischermann Partners, Inc.. (Spiegel, Jeffrey) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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Filing 12
ORDER: Stipulation and Order of Substitution of Counsel, endorsed on doc #11 . Ordered by Magistrate Judge Lois Bloom on 5/4/2021. (Rein, Gilbert) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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Filing 11
STIPULATION and Order of Substitution of Counsel by Wischermann Partners, Inc. (Spiegel, Jeffrey) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 10 NOTICE of Appearance by Jeffrey Spiegel on behalf of Wischermann Partners, Inc. (aty to be noticed) (Spiegel, Jeffrey) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 9 COMPLAINT against Wischermann Partners, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Carolina Hospitality Group 2010 LLC. (Carr, Michael) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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ORDER: Attorney Charles Macdonald's motion to appear pro hac vice on behalf of defendant Wischermann Partners, Inc., ECF No. 8, is hereby granted. Ordered by Magistrate Judge Lois Bloom on 2/22/2021. (Wilhelm, Samantha) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14170785. by Wischermann Partners, Inc. (Attachments: #1 Declaration Declaration of Charles Macdonald, #2 Admission Information Certificate of Good Standing) [Transferred from New York Eastern on 6/30/2021.] |
| Filing 7 CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d).The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs."Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3).An Arbitration Hearing will be scheduled after an Answer is filed. The hearing will occur approximately 120 days after filing of the Answer. (Credle, Rita) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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ORDER: Plaintiff commenced this action in Kings County Supreme Court on December 4, 2020 by filing a Summons with Notice but without a complaint and defendant removed the case on January 29, 2021. ECF No. 1. The parties jointly request an extension of time for plaintiff to file its complaint and for defendant to respond to the complaint. ECF No. 6. The request is granted. Plaintiff shall file its complaint by March 22, 2021. Defendant shall respond to the complaint by May 6, 2021. Ordered by Magistrate Judge Lois Bloom on 2/9/2021. (Wilhelm, Samantha) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021)
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| Filing 6 Joint MOTION for Extension of Time to File / for Order setting pleading deadlines by Wischermann Partners, Inc.. (Collins, Rory) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 5 NOTICE of Appearance by Rory Collins on behalf of Wischermann Partners, Inc. (aty to be noticed) (Collins, Rory) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 3 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. (Davis, Kimberly) Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 2 Corporate Disclosure Statement by Wischermann Partners, Inc. (Michelen, Lucas) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Filing 1 NOTICE OF REMOVAL by Wischermann Partners, Inc. from Kings County Supreme Court, case number 524171/2020. (Filing fee $ 402 receipt number ANYEDC-14071371) (Attachments: #1 Exhibit A - Summons with Notice, #2 Exhibit B - Aff. of Service, #3 Cover Sheet)(Michelen, Lucas) (Attachment 3 replaced on 2/1/2021) (Lee, Tiffeny). [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| This case has been opened in the Eastern District of New York. 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. (Davis, Kimberly) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Lois Bloom. 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. (Davis, Kimberly) [Transferred from New York Eastern on 6/30/2021.] (Entered: 07/08/2021) |
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