Mooney v. Ashford Inc
| Sean Mooney and Jonathan Bonnette |
| Ashford, Inc. and Ashford Inc |
| 3:2024cv00279 |
| February 2, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 16
ELECTRONIC ORDER: The Court has now consolidated the related class action cases (Doc. No. 14) and appointed interim class counsel (Doc. No. 15). Accordingly, the parties shall confer and submit a joint report proposing relevant scheduling deadlines by April 5, 2024. (Ordered by Judge Ed Kinkeade on 3/27/2024) (chmb)
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Filing 15
ORDER APPOINTING INTERIM CLASS COUNSEL. (Ordered by Judge Ed Kinkeade on 3/27/2024) (chmb)
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Filing 14
ORDER CONSOLIDATING CASES: Member case(s) 3:24-cv-408 consolidated with lead case 3:24-cv-279. Jonathan Bonnette and Jonathan Bonnette added to case pursuant to consolidation. Attorney Joe Kendall, Kevin Laukaitis for Jonathan Bonnette added to case pursuant to consolidation. (Ordered by Judge Ed Kinkeade on 3/12/2024) (ndt)
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| Filing 13 MOTION - Plaintiffs' Unopposed Motion to Appoint Interim Class Counsel Under Fed. R. Civ. P. 23(g)(3) filed by Sean Mooney with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Milber Firm Resume, #2 Exhibit(s) B - Laukaitis Firm Resume, #3 Exhibit(s) C - Kendall Firm Resume, #4 Proposed Order) (Kendall, Joe) |
| Filing 12 Unopposed MOTION to Consolidate Cases and Set Scheduling Deadlines Under F.R.C.P. 42(A) and Memorandum in Support Thereof filed by Sean Mooney with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 11 Joint STIPULATION on Waiver of Service and Deadline to Respond by Ashford Inc. (McCaig, Jennifer) |
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Filing 10
ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of David K. Lietz. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 2/15/2024) (chmb)
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| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14395082) filed by Sean Mooney (Attachments: #1 Exhibit(s) A (Bar Admissions), #2 Certificate of Good Standing, #3 Proposed Order)Attorney David K. Lietz added to party Sean Mooney(pty:pla) (Lietz, David) |
| Filing 8 AMENDED COMPLAINT WITH JURY DEMAND against Ashford Inc filed by Sean Mooney. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kendall, Joe) |
| Filing 7 SUMMONS Returned Executed as to Ashford Inc ; served on 2/7/2024. (kcr) |
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Filing 6
ELECTRONIC ORDER: Plaintiff Sean Mooney filed a Class Action Complaint in federal court asserting jurisdiction under the Class Action Fairness Act ("CAFA"), 28 U.S.C. 1332(d). Doc. No. 1 at 5. "CAFA gives federal courts jurisdiction over certain class actions, defined in 1332(d)(1), if the class has more than 100 members, the parties are minimally diverse, and the amount in controversy exceeds $5 million." Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 85 (2014) (citing 1332(d)(2), (5)(B)). Although CAFA does not demand complete diversity of the parties, the Court must nevertheless know Defendant's citizenship to ensure the minimal diversity requirement is satisfied. Here, Plaintiff alleges "Defendant is a corporation with its principal place of business located at 14185 Dallas Parkway, Ste. 1100, Dallas, Texas 75254." Doc. No. 1 at 4. Plaintiff must allege the state(s) of Defendant's incorporation. See 1332(c).The Court has an obligation to examine its subject matter jurisdiction sua sponte at any time. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 230-31 (1990); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999). Plaintiff shall amend its Class Action Complaint to properly allege Defendant's citizenship, thereby demonstrating minimal diversity under 1332(d)(2), by February 13, 2024. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998) (party seeking the federal forum bears the burden of establishing subject matter jurisdiction). (Ordered by Judge Ed Kinkeade on 2/6/2024) (chmb)
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Filing 3
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 2/5/2024) (chmb)
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| Filing 5 Summons Issued as to Ashford Inc. (kcr) |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sean Mooney. (Clerk QC note: No affiliate entered in ECF). (Kendall, Joe) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Ashford, Inc. filed by Sean Mooney. (Filing fee $405; Receipt number ATXNDC-14364689) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Kendall, Joe) |
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