Simmons v. Choice Hotels International, Inc. et al
| Angela Simmons |
| Choice Hotels International, Inc., KFS Hermitage, LLC and Columbia Hospitality LLC |
| 3:2021cv00839 |
| November 5, 2021 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 61 ENTRY OF JUDGMENT re: #60 Order Dismissing Case. (mg) |
Filing 60
ORDER DISMISSING CASE: The parties have filed a Joint Stipulation of Dismissal (Doc. No. #58 ) stating that no claims remain for resolution by the Court. Under Fed. R. Civ. P. 41(a)(1)(A)(ii), the Stipulation sufficed to dismiss this action without any action on the part of the Court. Because the parties have stated that the dismissal is with prejudice, the dismissal in fact is with prejudice. Accordingly, the Court acknowledges that this action has been DISMISSED with prejudice, and the Clerk is directed to close the file. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 7/21/2022. (mg)
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Filing 59
ORDER: In light of the Notice withdrawing the Motion to Withdraw as Counsel, the hearing scheduled for July 22, 2022, is CANCELLED. Signed by Magistrate Judge Jeffery S. Frensley on 7/21/2022. (mg)
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| Filing 58 STIPULATION of Dismissal by Angela Simmons. (Morelli, Robert) |
| Filing 57 NOTICE by Angela Simmons re #46 MOTION to Withdraw as Attorney & Provide Thirty Days for Plaintiff to Obtain New Counsel OF WITHDRAWAL OF MOTION TO WITHDRAW AS COUNSEL (Morelli, Robert) |
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Filing 56
ORDER granting #55 Motion to continue Exparte Hearing. The Hearing is continued to July 22, 2022 at 8:30 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 7/7/2022. (mg)
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| Filing 55 EXPARTE MOTION to Continue Ex Parte Hearing filed by Angela Simmons. (Morelli, Robert) Modified on 7/7/2022 (mg). |
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Filing 54
ORDER: An ex parte hearing will be conducted on this motion via Zoom on July 8, 2022 at 8:30 a.m. Email addresses for the plaintiff and counsel must be sent to frensleychambers@tnmd.uscourts.gov by July 7, 2022 at 8:30 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 6/30/2022. (ln)
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| Filing 53 MEMORANDUM in Support of #52 MOTION for Settlement filed by KFS Hermitage, LLC . (Attachments: #1 Exhibit Exhibit 1)(Marchetti, Louis) |
| Filing 52 MOTION for Settlement by KFS Hermitage, LLC. (Marchetti, Louis) |
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Filing 51
ORDER granting #50 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Kevin W. Shaughnessy to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 06/22/2022. (lh)
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| FL State Bar status verified as active for Kevin W. Shaughnessy not admitted to this court - Local counsel secured. (mg) |
| Filing 50 MOTION for attorney Kevin W. Shaughnessy to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3614115) by KFS Hermitage, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Marchetti, Louis) |
| Filing 49 MOTION to Withdraw as Attorney by KFS Hermitage, LLC. (Marchetti, Louis) |
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Filing 48
ORDER: Pending before the Court is Plaintiff's Motion to Continue Case Management Conference. Docket No. #47 . The Motion is GRANTED. The Initial Case Management Conference set for May 18, 2022 at 9:00 a.m. is continued to be reset upon resolution of the pending Motion to Withdraw (Docket No. #46 ). Signed by Magistrate Judge Jeffery S. Frensley on 5/17/2022. (mg)
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| Filing 47 MOTION to Continue Initial Case Management Conference by Angela Simmons. (Morelli, Robert) |
| Filing 46 MOTION to Withdraw as Attorney & Provide Thirty Days for Plaintiff to Obtain New Counsel by Angela Simmons. (Morelli, Robert) |
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Filing 45
ORDER granting #44 Motion for Extension of Time to File Settlement Papers or Moving to Enforce Settlement. The deadline is extended until 6/28/2022. Signed by District Judge Eli J. Richardson on 4/28/2022. (dt)
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| Filing 44 MOTION for Extension of Time to File by Choice Hotel International, Inc. and by KFS Hermitage, LLC. (Pietsch, Matthew) |
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Filing 43
ORDER: The parties have notified the Court that they have reached a settlement and are working to formalize the terms of their agreement. (Doc. No. #42 ). Accordingly, the parties shall file a joint stipulation of dismissal on or before April 29, 2022. The pending motions to dismiss (Doc. Nos. #31 , #35 ) are hereby DENIED without prejudice as moot. Signed by District Judge Eli J. Richardson on 3/29/2022. (mg)
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| Filing 42 NOTICE of Settlement by Angela Simmons (Morelli, Robert) |
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Filing 41
ORDER: MOTION #38 GRANTED. The Initial Case Management Conference is hereby reset to May 18, 2022 at 9:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 3/18/2022. (mg)
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| Filing 40 SUMMONS returned executed by Angela Simmons. Columbia Hospitality LLC served on 3/15/2022. (Morelli, Robert) |
| Reset Hearing: Initial Case Management Conference by Telephone is reset for 5/18/2022 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (mg) |
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Filing 39
ORDER granting #37 Motion for Extension of Time to File Response as to #31 MOTION to Dismiss Plaintiff's Amended Complaint, and #35 MOTION to Dismiss for Failure to State a Claim. Extended to March 28, 2022. Signed by District Judge Eli J. Richardson on 3/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 38 Second MOTION to Continue Initial Case Management Conference by Angela Simmons. (Morelli, Robert) |
| Filing 37 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Plaintiff's Amended Complaint, #35 MOTION to Dismiss for Failure to State a Claim by Angela Simmons. (Morelli, Robert) |
| Filing 36 MEMORANDUM in Support of #35 MOTION to Dismiss for Failure to State a Claim filed by KFS Hermitage, LLC . (Pietsch, Matthew) |
| Filing 35 MOTION to Dismiss for Failure to State a Claim by KFS Hermitage, LLC. (Pietsch, Matthew) |
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response re #31 MOTION to Dismiss Plaintiff's Amended Complaint. Deadline extended to March 18, 2022. Signed by District Judge Eli J. Richardson on 3/7/2022. (mg) Modified text on 3/9/2022 (hb).
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| Filing 33 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Plaintiff's Amended Complaint by Angela Simmons. (Morelli, Robert) |
| Filing 32 MEMORANDUM in Support of #31 MOTION to Dismiss Plaintiff's Amended Complaint filed by Choice Hotels International, Inc. . (Weber, Kenneth) |
| Filing 31 MOTION to Dismiss Plaintiff's Amended Complaint by Choice Hotels International, Inc.. (Weber, Kenneth) |
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Filing 30
ORDER: Pending before the Court is Defendant Choice Hotels International, Inc.'s Motion to Dismiss (Doc. No. #22 ). In light of the filing of the First Amended Complaint (Doc. No. #28 ), which has become the operative complaint in this case, the pending motion to dismiss (Doc. No. #22 ) is DENIED as moot. Signed by District Judge Eli J. Richardson on 2/24/2022. (mg)
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| Filing 29 Summons issued as to Columbia Hospitality LLC. Service copies will be returned to counsel by mail. (mg) |
| Filing 28 AMENDED COMPLAINT against All Defendants, filed by Angela Simmons. (Attachments: #1 Attachment Summons to be issued)(Morelli, Robert) |
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Filing 27
ORDER: MOTION #25 for Extension of Time to Respond to Plaintiff's Complaint GRANTED. KFS Hermitage, LLC's answer due 3/8/2022. Signed by Magistrate Judge Jeffery S. Frensley on 2/14/2022. (ln)
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Filing 26
ORDER: MOTION #24 to Continue Case Management Conference GRANTED. The Initial Case Management Conference is hereby reset to March 21, 2022 at 8:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 2/14/2022. (ln)
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| Reset Hearing: The Initial Case Management Conference by Telephone is reset for 3/21/2022 at 8:30 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 25 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, or other Response by KFS Hermitage, LLC. (Pietsch, Matthew) |
| Filing 24 Joint MOTION to Continue Case Management Conference by Angela Simmons. (Turner, Robert) |
| Filing 23 MEMORANDUM in Support of #22 MOTION to Dismiss filed by Choice Hotels International, Inc. . (Weber, Kenneth) |
| Filing 22 MOTION to Dismiss by Choice Hotels International, Inc.. (Weber, Kenneth) |
| TN State Bar status verified as active for Denmark J. Grant admitted to this court. (mg) |
| Filing 21 NOTICE of Appearance by Denmark J. Grant on behalf of Choice Hotels International, Inc. (Grant, Denmark) |
| Filing 20 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Choice Hotels International, Inc.. (Weber, Kenneth) |
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Filing 19
ORDER granting #17 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Taylor A. Harduvel to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 01/20/2022. (lh)
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Filing 18
ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint. KFS Hermitage, LLC answer due 2/15/2022. Signed by Magistrate Judge Jeffery S. Frensley on 1/19/2022. (mg)
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| Filing 17 MOTION for attorney Taylor A. Harduvel to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3515994) by KFS Hermitage, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Marchetti, Louis) |
| TN State Bar status verified as active for Louis Gino Marchetti, Jr admitted to this court. (mg) |
| TN State Bar status verified as active for Kenneth A. Weber, Matthew C. Pietsch admitted to this court. (mg) |
| FL State Bar status verified as active for Taylor A. Harduvel not admitted to this court - Local counsel secured. (mg) |
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Filing 16
ORDER: MOTION #11 GRANTED. The Initial Case Management Conference is hereby reset to February 15, 2022 at 10:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. A proposed case management order shall be filed three (3) days before the conference. Additionally, the proposed order shall also be emailed to chambers at frensleychambers@tnmd.uscourts.gov in Word format. Signed by Magistrate Judge Jeffery S. Frensley on 1/18/2022. (mg)
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| Filing 15 NOTICE of Appearance by Louis Gino Marchetti, Jr on behalf of KFS Hermitage, LLC (Marchetti, Louis) |
| Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, or other Response by KFS Hermitage, LLC. (Pietsch, Matthew) |
| Filing 13 NOTICE of Appearance by Matthew C. Pietsch on behalf of KFS Hermitage, LLC (Pietsch, Matthew) |
| Filing 12 NOTICE of Appearance by Kenneth A. Weber on behalf of Choice Hotels International, Inc. (Weber, Kenneth) |
| Filing 11 Second MOTION to Continue Case Management Conference by Angela Simmons. (Morelli, Robert) |
| Reset Hearing: Initial Case Management Conference by Telephone is reset for 2/15/2022 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. (mg) |
| Filing 10 SUMMONS returned executed by Angela Simmons. Choice Hotels International, Inc. served on 12/27/2021; KFS Hermitage, LLC served on 12/28/2021. (Turner, Robert) |
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Filing 9
ORDER granting #8 PLAINTIFF'S MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is hereby reset to January 20, 2022 at 9:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 12/22/2021. (bs)
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| Reset Hearing: Initial Case Management Conference by Telephone set for 1/20/2022 at 09:30 AM before Magistrate Judge Jeffery S. Frensley. (bs) |
| Filing 8 MOTION to Continue Initial Case Management Conference by Angela Simmons. (Morelli, Robert) |
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 11/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 6 NOTICE of Initial Case Management Conference by Telephone set for 12/28/2021 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 5 Summons issued as to Choice Hotels International, Inc. and KFS Hermitage, LLC. Service copies will be returned to counsel by mail. (ln) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| Filing 1 COMPLAINT against Choice Hotels International, Inc. and KFS Hermitage, LLC (Filing fee $402, Receipt number 0650-3479534) filed by Angela Simmons. (Attachments: #1 Exhibit A - Named Plaintiff's Consent to Join, #2 Attachment 1 - Civil Cover Sheet)(ln) |
| TN State Bar status verified as active for Robert E. Morelli, III, J. Russ Bryant, and Robert E. Turner, IV admitted to this court. (ln) |
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