S.C. v. Wyndham Hotels and Resorts, Inc. et al
| S. C. |
| Wyndham Hotels and Resorts, Inc., Choice Hotels International, Inc., Red Roof Inns, Inc., Six Continents Hotels, Inc., Holiday Hospitality Franchising, LLC and Red Roof Franchising, LLC |
| 2:2022cv02734 |
| July 8, 2022 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Algenon L Marbley |
| Chelsey M Vascura |
| Other Statutory Actions |
| Both |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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Filing 64
ORDER granting #63 Motion to Substitute Attorney. Added attorney Elisabeth Catherine Arko, Carrie Sheridan for Red Roof Franchising, LLC, Elisabeth Catherine Arko, Carrie Sheridan for Red Roof Inns, Inc. Attorney Bradley J Barmen and Katherine Lynn Kennedy terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on May 16, 2023. (jlk)
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| Filing 63 MOTION to Substitute Attorney by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Mikula, Chelsea) |
| ***Case transferred from Ohio Southern has been opened in NORTHERN DISTRICT OF OHIO as case 1:23-cv-00871, filed 04/26/2023. (er) |
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Filing 62
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)
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| Case transferred to District of Northern District Of Ohio. Case file and docket sheet sent Electronically. (jlk) |
| Filing 61 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) |
| Filing 60 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) |
| Filing 59 Reply BRIEF by Plaintiff S. C.. (Babin, Steven) |
| Filing 58 Response to Plaintiffs' Response to Order to Show Cause regarding Venue by Defendant Choice Hotels International, Inc.. (Heis, Jennifer) |
| Filing 57 Reply by Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc.. (Hamrick, John) |
| Filing 56 Reply by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Kennedy, Katherine) |
| Filing 55 Reply by Defendant Wyndham Hotels and Resorts, Inc.. (Reed, Michael) |
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Filing 54
NOTATION ORDER granting #51 Motion for Leave to Appear Pro Hac Vice of Cynthia G. Burnside as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on March 9, 2023. (jlk)
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Filing 53
NOTATION ORDER granting #50 Motion for Leave to Appear Pro Hac Vice of William N. Shepherd as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on March 9, 2023. (jlk)
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Filing 52
NOTATION ORDER granting #49 Motion for Leave to Appear Pro Hac Vice of John M. Hamrick as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on March 9, 2023. (jlk)
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| Filing 51 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9309121) of Cynthia G. Burnside by Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Chang, Steven) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9309115) of William N. Shepherd by Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Chang, Steven) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9309106) of John M. Hamrick by Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Chang, Steven) |
| Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by Defendant Choice Hotels International, Inc.. (Heis, Jennifer) |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff S. C.. (Babin, Steven) |
| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE by Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc.. (Chang, Steven) |
| Filing 45 NOTICE of Appearance by A.J. Hensel for Defendant Wyndham Hotels and Resorts, Inc. (Hensel, A.J.) |
| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE by Defendant Wyndham Hotels and Resorts, Inc.. (Reed, Michael) |
| Filing 43 NOTICE of Appearance by Michael R Reed for Defendant Wyndham Hotels and Resorts, Inc. (Reed, Michael) |
| Filing 42 BRIEF by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Kennedy, Katherine) |
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Filing 41
NOTATION ORDER granting #39 Motion for Leave to Appear Pro Hac Vice of Christopher B. Donovan as co-counsel; granting #40 Motion for Leave to Appear Pro Hac Vice of David S. Sager as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on February 16, 2023. (jlk)
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| Filing 40 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9275424) of David S. Sager by Defendant Wyndham Hotels and Resorts, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Reed, Michael) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9275408) of Christopher B. Donovan by Defendant Wyndham Hotels and Resorts, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Reed, Michael) |
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Filing 38
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)
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Filing 37
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)
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| Filing 36 Amended MOTION for Extension of Time New date requested 3/14/2023. by Plaintiff S. C.. (Babin, Steven) |
| Filing 35 MOTION for Extension of Time New date requested 3/14/2023. by Plaintiff S. C.. (Babin, Steven) |
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Filing 34
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)
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| Filing 33 RESPONSE in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Motion to Sever, Transfer, and Strike, #17 MOTION to Dismiss and Sever, #18 MOTION to Sever MOTION to Change Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff S. C.. (Babin, Steven) |
| Filing 32 AMENDED DOCUMENT by Plaintiff S. C.. PROPOSED AMENDED COMPLAINT. (Babin, Steven) |
| Filing 31 MOTION for Leave to File SECOND AMENDED COMPLAINT AND MOTION FOR EXTENSION OF TIME by Plaintiff S. C.. (Babin, Steven). Added MOTION for Extension of Time to File Response/Reply on 1/13/2023 (jlk). |
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Filing 30
ORDER: For good cause shown, the Motion (ECF No. #29 ) is GRANTED. Plaintiff shall have until JANUARY 13, 2023 to respond to Defendants' Motion to Dismiss, ECF No. #17 , #18 , and #21 . Signed by Magistrate Judge Elizabeth Preston Deavers on 01/09/2023. (tla)
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| Filing 29 Joint MOTION for Extension of Time to File Response/Reply New date requested 1/13/2023. by Plaintiff S. C.. (Attachments: #1 Text of Proposed Order) (Aiad-Toss, Kristina) |
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Filing 28
NOTATION ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Sara M. Turner as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on December 22, 2022. (jlk)
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| Filing 27 Corporate Disclosure Statement by Defendants Six Continents Hotels, Inc., Intercontinental Hotels Group PLC identifying Corporate Parent Intercontinental Hotels Group PLC for Six Continents Hotels, Inc... (Chang, Steven) |
| Filing 26 Corporate Disclosure Statement by Defendants Holiday Hospitality Franchising, LLC, Intercontinental Hotels Group PLC identifying Corporate Parent Intercontinental Hotels Group PLC for Holiday Hospitality Franchising, LLC.. (Chang, Steven) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9188717) of Sara M. Turner by Defendant Choice Hotels International, Inc.. (Attachments: #1 Certificate of Good Standing) (Heis, Jennifer) |
| Filing 24 Corporate Disclosure Statement by Defendant Choice Hotels International, Inc.. (Heis, Jennifer) |
| Filing 23 Corporate Disclosure Statement by Defendants Wyndham Hotels and Resorts, Inc., Wyndham Hotels & Resorts, Inc. identifying Corporate Parent Wyndham Hotels & Resorts, Inc. for Wyndham Hotels and Resorts, Inc... (Reed, Michael) |
| Filing 22 NOTICE of Appearance by Elise Kraft Yarnell for Defendant Wyndham Hotels and Resorts, Inc. (Yarnell, Elise) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Motion to Sever, Transfer, and Strike by Defendant Choice Hotels International, Inc.. (Heis, Jennifer) |
| Filing 20 ANSWER to #9 Amended Complaint, filed by Red Roof Inns, Inc.. (Kennedy, Katherine) |
| Filing 19 ANSWER to #9 Amended Complaint, filed by Red Roof Franchising, LLC. (Kennedy, Katherine) |
| Filing 18 MOTION to Sever , MOTION to Change Venue , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 1/9/2023) by Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc.. (Attachments: #1 Affidavit Declaration of Jenny Tidwell) (Chang, Steven) |
| Filing 17 MOTION to Dismiss and Sever by Defendant Wyndham Hotels and Resorts, Inc.. (Reed, Michael) |
| Filing 16 NOTICE of Appearance by Katherine Lynn Kennedy for Defendant Red Roof Inns, Inc. (Kennedy, Katherine) |
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Filing 15
ORDER granting #13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint. Choice Hotels International, Inc. answer due 12/19/2022; Holiday Hospitality Franchising, LLC answer due 12/19/2022; Red Roof Franchising, LLC answer due 12/19/2022; Red Roof Inns, Inc. answer due 12/19/2022; Six Continents Hotels, Inc. answer due 12/19/2022; Wyndham Hotels and Resorts, Inc. answer due 12/19/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on December 5, 2022. (jlk)
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| Filing 14 NOTICE of Appearance by Michael R Reed for Defendant Wyndham Hotels and Resorts, Inc. (Reed, Michael) |
| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 12/19/2022. by Defendants Choice Hotels International, Inc., Holiday Hospitality Franchising, LLC, Red Roof Franchising, LLC, Red Roof Inns, Inc., Six Continents Hotels, Inc., Wyndham Hotels and Resorts, Inc.. (Attachments: #1 Text of Proposed Order) (Chang, Steven) |
| Filing 12 NOTICE of Appearance by Steven A. Chang for Defendants Holiday Hospitality Franchising, LLC, Six Continents Hotels, Inc. (Chang, Steven) |
| Filing 11 WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (El-Kadi, Jennifer) |
| Filing 10 Summons Issued as to Red Roof Franchising LLC, (1) Holiday Hospitality Franchising LLC, (2) Red Roof Inns Inc., (3) Choice Hotels International Inc., (4)Six Continents Hotels Inc. (vb) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by S. C.. (Attachments: #1 Civil Cover Sheet, #2 Summons Form as to Wyndham, #3 Summons Form as to Choice, #4 Summons Form as to Six Continents, #5 Summons Form as to Holiday Hospitality, #6 Summons Form as to Red Roof Inn, #7 Summons Form as to Red Roof Franchising) (Babin, Steven) |
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Filing 8
RELATED CASE MEMORANDUM ORDER: The Chief Judge has determined that this case and case number 2:19-cv-755 ARE related. Case reassigned to Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Chief Judge Algenon L. Marbley on July 20, 2022. (jlk)
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| Filing 6 Summons Issued as to Holiday Hospitality Franchising, LLC. (jlk) |
| Filing 5 Summons Issued as to Six Continents Hotels, Inc. (jlk) |
| Filing 4 Summons Issued as to Red Roof Inns, Inc. (jlk) |
| Filing 3 Summons Issued as to Choice Hotels International, Inc. (jlk) |
| Filing 2 Summons Issued as to Wyndham Hotels and Resorts, Inc. (jlk) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: BOHSDC-8946750), filed by S. C.. (Attachments: #1 Civil Cover Sheet, #2 Summons Form, #3 Summons Form, #4 Summons Form, #5 Summons Form, #6 Summons Form) (Babin, Steven) |
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