A.M. v. Wyndham Hotels and Resorts, Inc. et al
| A. M. |
| Wyndham Hotels and Resorts, Inc., Red Roof Inns, Inc., Red Roof Franchising, LLC and Liberty Mutual Fire Insurance Company |
| 2:2022cv03797 |
| October 25, 2022 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Algenon L Marbley |
| Edmund A Sargus |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 47
NOTICE of Hearing: TAKE NOTICE that a Conference will be held before Chief Judge Algenon L. Marbley and Magistrate Judge Elizabeth A. Preston Deavers on DECEMBER 4, 2023 at 2:00 P.M. EST in Courtroom 1, Room 331 of the U.S. Courthouse located at 85 Marconi Boulevard, Columbus, Ohio. The parties are STRONGLY ENCOURAGED to send only local counsel to attend the Conference in person, as the Conference will relate to administrative matters. All parties and/or counsel who do not attend in person may listen to the Conference by calling 1-877-336-1280 and entering the access code 7598806#, followed by the security code 1234#. (jlk)
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Filing 46
ORDER granting #44 Motion for Leave to File Brief in opposition to Liberty Mutual Fire Insurance Company's Motion to Intervene Instanter, which Defendants already appear to have filed as ECF #45 . Signed by Magistrate Judge Elizabeth Preston Deavers on 10/4/2023. (vb)
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Filing 45
RESPONSE in Opposition re #36 MOTION to Intervene filed by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Falin, William)
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Filing 44
MOTION for Leave to File Brief in Opposition to Liberty Mutual Fire Insurance Company's Motion to Intervene Instanter by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Attachments: #1 Proposed Order) (Falin, William) Modified docket text and event on 10/4/2023 (mas).
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Filing 43
NOTICE of Appearance by William H. Falin for Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc. (Falin, William)
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Filing 42
REPLY to Response to Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Lack of Personal Jurisdiction, and Insufficient Process/Service of Process; alternatively, Motion to Transfer Venue and/or to Certify Interlocutory Appeal filed by Defendant Wyndham Hotels and Resorts, Inc.. (Yarnell, Elise)
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Filing 41
REPLY to Response to Motion re #26 MOTION to Dismiss filed by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Mikula, Chelsea)
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Filing 40
RESPONSE in Opposition re #36 MOTION to Intervene filed by Plaintiff A. M.. (El-Kadi, Jennifer)
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Filing 39
RESPONSE in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Lack of Personal Jurisdiction, and Insufficient Process/Service of Process; alternatively, Motion to Transfer Venue and/or to Certify Interlocutory Appeal filed by Plaintiff A. M.. (Attachments: #1 Exhibit A-E) (Babin, Steven)
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Filing 38
RESPONSE in Opposition re #26 MOTION to Dismiss filed by Plaintiff A. M.. (Attachments: #1 Exhibit A-E) (Babin, Steven)
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Filing 37
Corporate Disclosure Statement by Defendant Liberty Mutual Fire Insurance Company. (Engling, Mark)
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Filing 36
MOTION to Intervene by Defendant Liberty Mutual Fire Insurance Company. (Attachments: #1 Exhibit A-Proposed Intervening Complaint, #2 Text of Proposed Order) (Engling, Mark)
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Filing 35
NOTICE of Substitution of Counsel - Joseph A. Manno substituting for Carrie E. Sheridan as to Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Manno, Joseph)
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Filing 34
ORDER granting #33 Motion for Extension of Time to respond to the Motions to Dismiss. Plaintiff shall have until 7/28/2023 to respond to the Motions to Dismiss & Defendants shall have until 8/25/2023 to file reply briefs. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/29/2023. (vb)
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Set Deadlines: Plaintiff's Responses due by 7/28/2023. Defendant to file Reply Briefs due by 8/25/2023. (vb)
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Filing 33
Unopposed MOTION for Extension of Time New date requested 7/28/2023. by Plaintiff A. M.. (Attachments: #1 Text of Proposed Order) (Babin, Steven)
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Filing 32
NOTATION ORDER granting #30 Motion for Leave to Appear Pro Hac Vice of Sandra J. Wunderlich as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on June 21, 2023. (jlk)
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Filing 31
NOTICE by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc. re #30 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9470492) of Sandra J. Wunderlich (Mikula, Chelsea)
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Filing 30
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9470492) of Sandra J. Wunderlich by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Mikula, Chelsea)
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Filing 29
Corporate Disclosure Statement by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Mikula, Chelsea)
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Filing 28
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)
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Filing 27
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Lack of Personal Jurisdiction, and Insufficient Process/Service of Process; alternatively, Motion to Transfer Venue and/or to Certify Interlocutory Appeal by Defendant Wyndham Hotels and Resorts, Inc.. (Yarnell, Elise)
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Filing 26
MOTION to Dismiss by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Mikula, Chelsea)
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Filing 25
STIPULATION for Extension of Time to Respond by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Sheridan, Carrie)
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Set/Reset Deadlines: Wyndham Hotels and Resorts, Inc. answer due 6/8/2023. (jlk)
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Filing 24
STIPULATION Stipulation of Wyndham to Extend Time to Move or Plead by Defendant Wyndham Hotels and Resorts, Inc.. (Reed, Michael)
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Filing 23
NOTICE of Appearance by Elise Kraft Yarnell for Defendant Wyndham Hotels and Resorts, Inc. (Yarnell, Elise)
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Filing 22
NOTICE of Appearance by Michael R Reed for Defendant Wyndham Hotels and Resorts, Inc. (Reed, Michael)
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Filing 21
ORDER granting #20 Motion to Substitute Attorney. Attorneys Elisabeth Catherine Arko and Carrie Sheridan added and Attorneys Bradley J Barmen and Katherine Lynn Kennedy terminated for Red Roof Franchising, LLC and Red Roof Inns, Inc. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/16/2023. (kk2)
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Filing 20
MOTION to Substitute Attorney by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Mikula, Chelsea)
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Filing 19
ORDER - The Court having reviewed Plaintiff's Response, is of the opinion Plaintiff has shown cause why Plaintiff's claims should not be dismissed for failure to perfect service within the time allowed by Rule 4(m). Signed by Magistrate Judge Elizabeth Preston Deavers on May 11, 2023. (jlk)
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Filing 18
AMENDED DOCUMENT by Plaintiff A. M.. . (Attachments: #1 Exhibit A) (El-Kadi, Jennifer) Modified for statistical purposes on 5/11/2023 (jlk).
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Filing 17
RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff A. M.. (Attachments: #1 Exhibit) (El-Kadi, Jennifer)
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Filing 16
ORDER TO SHOW CAUSE - Plaintiff is ORDERED TO SHOW CAUSE WITHIN 14 DAYS why the action should not be dismissed as to Defendant Wyndham Hotels and Resorts, Inc. and why an extension of time to effect service should be allowed. The good cause showing should be supported with sworn affidavits. Show Cause Response due by 5/24/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on May 10, 2023. (jlk)
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Filing 15
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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Filing 14
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)
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Filing 13
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)
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Filing 12
Reply BRIEF by Plaintiff A. M.. (Babin, Steven)
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Filing 11
Respondent's REPLY BRIEF by Red Roof Inns, Inc. . (Kennedy, Katherine)
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Filing 10
RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff A. M.. (Babin, Steven)
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Filing 9
BRIEF by Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc.. (Kennedy, Katherine)
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Filing 8
NOTICE of Appearance by Katherine Lynn Kennedy for Defendants Red Roof Franchising, LLC, Red Roof Inns, Inc. (Kennedy, Katherine)
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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)
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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)
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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 for all further proceedings (jlk)
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Filing 4
MOTION for Extension of Time New date requested 3/14/2023. by Plaintiff A. M.. (Babin, Steven)
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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)
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Filing 2
Summons Issued as to Red Roof Franchising, LLC, Red Roof Inns, Inc., and Wyndham Hotels and Resorts, Inc.. (daf)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9109930), filed by A. M.. (Attachments: #1 Civil Cover Sheet, #2 Summons Form as to Wyndham, #3 Summons Form as to Red Roof Inns, Inc., #4 Summons Form as to Red Roof Franchising, LLC) (Babin, Steven)
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