Doe (A.S.) v Wyndham Hotels and Resorts et al
| Jane Doe A.S. and Jane Doe (A.S.) |
| Wyndham Hotels and Resorts, CPLG, TX Properties LLC, BRE/LQ TX GP, LLC, Pristine Hospitality, Inc., Vijayalakshmi, LP, Trinity Lodging LLC, Choice Hotel International, Inc., Inn of the West, LLC, Gurkarn Diamond Hotel Corporation, Capital Spring SBLC, LLC, West Texas Hotel Group LLC, Niyati 01 LLC, Red Lion Hotels Corporation (RLH), Bankhead Hotels LLC, CPLG TX Properties, LLC, Pristine Hospitality, Inc, Trinity Lodging, LLC, Choice Hotel International, Inc, West Texas Hotel Group, LLC, Niyati 01, LLC, Bankhead Hotels, LLC, CPLG TX Properties LLC, BRE/LQ TX GP LLC, Pristine Hospitality Inc, Vijayalakshmi LP, Choice Hotel International Inc, Inn of the West LLC, Capital Spring SBLC LLC, La Quinta Holdings Inc, LQ Management LLC, LQ Franchising LLC and Vantage Hospitality Group Inc (VHGI) |
| 6:2023cv00033 |
| May 31, 2023 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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Filing 52
ORDER. Before the Court is the Unopposed Motion to Extend Answer Deadline #49 . The Court GRANTS the motion and orders Movants to answer or otherwise respond to Plaintiff's Second Amended Complaint on or before December 4, 2023. (Ordered by Senior Judge Sam R Cummings on 11/14/2023) (ada)
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| Filing 51 Motion to Dismiss for Failure to State a Claim filed by Pristine Hospitality Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Rexing, Trent) |
| Filing 50 MOTION to Dismiss Second Amended Complaint and Partial Motion to Strike filed by Choice Hotel International Inc with Brief/Memorandum in Support. (Statman, Katriel) |
| Filing 49 Unopposed Motion for Extension of Time to File Answer filed by BRE/LQ TX GP LLC, CPLG TX Properties LLC, LQ Franchising LLC, LQ Management LLC, La Quinta Holdings Inc, Wyndham Hotels and Resorts (Attachments: #1 Proposed Order). Party La Quinta defendants added.Attorney Jason M Hopkins added to party LQ Franchising LLC(pty:dft), Attorney Jason M Hopkins added to party LQ Management LLC(pty:dft), Attorney Jason M Hopkins added to party La Quinta Holdings Inc(pty:dft) (Hopkins, Jason) |
| Filing 48 (Document Restricted) SEALED - Notice To Court And Counsel (Sealed pursuant to SO 19-1, statute, or rule) filed by Pristine Hospitality Inc (Attachments: #1 Exhibit(s) Exhibit A) (Rexing, Trent) |
| Filing 47 SECOND AMENDED COMPLAINT WITH JURY DEMAND against BRE/LQ TX GP LLC, Bankhead Hotels LLC, CPLG TX Properties LLC, Choice Hotel International Inc, Gurkarn Diamond Hotel Corporation, Inn of the West LLC, LQ Franchising LLC, LQ Management LLC, La Quinta Holdings Inc, Pristine Hospitality Inc, Red Lion Hotels Corporation (RLH), Vantage Hospitality Group Inc (VHGI), Wyndham Hotels and Resorts filed by Jane Doe (A.S.). 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. (ada) |
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Filing 46
ORDER. The Court, having considered Plaintiff's Motion for Leave to File Second Amended Complaint #45 , filed October 25, 2023, is of the opinion that the same should be GRANTED. All pending Motions to Dismiss are DENIED AS MOOT WITHOUT PREJUDICE TO REFILING because they now address a non-live pleading. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 10/30/2023) (ada)
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| Filing 45 MOTION for Leave to File Second Amended Complaint filed by Jane Doe (A.S.) (Attachments: #1 Proposed Order, #2 Exhibit(s) Amended Complaint) (Moore, Colin) Modified on 10/26/2023 (ada). |
| Filing 44 RESPONSE AND OBJECTION filed by Jane Doe (A.S.) re: #34 Motion to Dismiss for Failure to State a Claim (Moore, Colin) |
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Filing 43
ORDER. Having considered Defendant Pristine Hospitality, Inc.'s Unopposed Motion to Extend Deadline to Answer or File Responsive Pleading to Plaintiff's First Amended Complaint, the Court finds that said Motion should be GRANTED. As such, the deadline for Pristine Hospitality, Inc. to answer or otherwise respond is reset to November 7, 2023. (Ordered by Senior Judge Sam R Cummings on 10/25/2023) (ada)
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| Filing 42 Motion for Extension of Time to File Answer or Responsive Pleading filed by Pristine Hospitality Inc (Attachments: #1 Proposed Order)Attorney Andrew J Upton added to party Pristine Hospitality Inc(pty:dft) (Upton, Andrew) |
| Filing 41 REPLY filed by Choice Hotel International Inc re: #38 Response/Objection (Statman, Katriel) |
| Filing 40 MOTION to Dismiss filed by Gurkarn Diamond Hotel Corporation. ***FILED USING EMERGENCY FILING EMAIL*** (cea) (Additional attachment(s) added on 10/24/2023: #1 Motion received by mail, #2 FedEx Envelope) (ada). Clerks note*** Motion received via Overnight FedEx on 10/24/2023 (ada). |
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Filing 39
ORDER granting #37 Application for Admission Pro Hac Vice of David S. Sager. 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 Senior Judge Sam R Cummings on 10/9/2023) (ada)
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| Filing 38 RESPONSE AND OBJECTION filed by Jane Doe (A.S.) re: #21 MOTION to Dismiss Amended Complaint and Partial Motion to Strike (Blevins, Bryan) |
| Filing 37 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14087171) filed by BRE/LQ TX GP LLC, CPLG TX Properties LLC, Wyndham Hotels and Resorts (Attachments: #1 Exhibit(s) Cert of Good Standing, #2 Proposed Order) (Sager, David) |
| Filing 36 SUMMONS Returned Executed as to Bankhead Hotels LLC ; served on 10/5/2023. (Moore, Colin) |
| Filing 35 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BRE/LQ TX GP, LLC, CPLG TX Properties, LLC, Wyndham Hotels and Resorts. (Clerk QC note: No affiliate entered in ECF). (Hopkins, Jason) |
| Filing 34 Motion to Dismiss for Failure to State a Claim filed by BRE/LQ TX GP, LLC, CPLG TX Properties, LLC, Wyndham Hotels and Resorts with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hopkins, Jason) |
| Filing 33 SUMMONS Returned Executed as to Pristine Hospitality, Inc ; served on 10/3/2023. (Moore, Colin) |
| Filing 32 SUMMONS Returned Executed as to Gurkarn Diamond Hotel Corporation ; served on 10/2/2023. (Moore, Colin) |
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Filing 31
ORDER granting #28 Plaintiff's Motion for Extension of Time for Service and For Substitute Service of Process on Defendant Gurkarn Diamond Hotel Corporation. The Court finds that the Motion should be GRANTED. As such, the Plaintiff has 30 days to serve Defendant Gurkarn Diamond Hotel Corporation. (Ordered by Senior Judge Sam R Cummings on 10/2/2023) (ada)
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Filing 30
ORDER granting #26 Plaintiff's Motion for Extension of Time for Service and For Substitute Service of Process on Defendant Pristine Hospitality, Inc. The Court finds that the Motion should be GRANTED. As such, the Plaintiff has 30 days to serve Defendant Pristine Hospitality, Inc. (Ordered by Senior Judge Sam R Cummings on 10/2/2023) (ada)
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Filing 29
ORDER granting #27 Plaintiff's Motion for Extension of Time for Service and For Substitute Service of Process on Defendant Bankheads Hotels, LLC. The Court finds that the Motion should be GRANTED. As such, the Plaintiff has 30 days to serve Defendant Bankheads Hotels, LLC. (Ordered by Senior Judge Sam R Cummings on 10/2/2023) (ada) Modified on 10/2/2023 spelling of Defendant changed(ada).
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| Filing 28 MOTION to Extend Time for Service and for Substituted Service on Defendant Gurkarn Diamond Hotel Corporation filed by Jane Doe (A.S.) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Moore, Colin) |
| Filing 27 MOTION to Extend Time for Service and for Substituted Service on Defendant Bankheads Hotels, LLC filed by Jane Doe (A.S.) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Moore, Colin) |
| Filing 26 MOTION to Extend Time for Service and for Substituted Service on Defendant Pristine Hospitality, Inc. filed by Jane Doe (A.S.) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order) (Moore, Colin) |
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Filing 25
SCHEDULING ORDER: Pursuant to Rule 16(b), Fed. R. Civ. P., the Court establishes the following schedule for this case: Joinder of Parties due by 2/1/2024. Amended Pleadings due by 2/1/2024. Motions for Summary Judgment due by 10/1/2024. Mediation deadline is on or before 10/1/2024. Discovery and Motions in limine due by 2/24/2025. Jury Trial set for 3/17/2025 at 09:00 AM in US Courthouse, Courtroom 216, 33 East Twohig Avenue, San Angelo, TX 76903-6451 before Senior Judge Sam R Cummings. See Order for additional deadlines and instructions. (Ordered by Senior Judge Sam R Cummings on 9/25/2023) (ada)
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Filing 24
ORDER granting #23 Application for Admission Pro Hac Vice of Sara M. Turner. 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 Senior Judge Sam R Cummings on 9/25/2023) (ada)
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| Filing 23 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14053396) filed by Choice Hotel International, Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Turner, Sara) (Main Document 23 replaced on 9/22/2023 after flattening) (ada). |
| Filing 22 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Choice Hotel International, Inc. (Clerk QC note: No affiliate entered in ECF). (Statman, Katriel) |
| Filing 21 MOTION to Dismiss Amended Complaint and Partial Motion to Strike filed by Choice Hotel International, Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Statman, Katriel) |
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Filing 20
ORDER. Motion #19 is GRANTED and the new deadline for said Defendants (Wyndham Hotels & Resorts, Inc., CPLG TX Properties L.L.C., and BRE/LQ TXGP L.L.C) to answer or otherwise respond to Plaintiff's First Amended Complaint is October 4, 2023. (Ordered by Senior Judge Sam R Cummings on 9/18/2023) (ada)
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| Filing 19 Unopposed Motion for Extension of Time to File Answer filed by BRE/LQ TX GP, LLC, CPLG TX Properties, LLC, Wyndham Hotels and Resorts with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Jason M Hopkins added to party BRE/LQ TX GP, LLC(pty:dft), Attorney Jason M Hopkins added to party CPLG TX Properties, LLC(pty:dft), Attorney Jason M Hopkins added to party Wyndham Hotels and Resorts(pty:dft) (Hopkins, Jason) |
| Filing 18 SUMMONS Returned Executed as to Wyndham Hotels and Resorts; served on 9/6/2023. (Moore, Colin) |
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Filing 17
ORDER: Plaintiff's claims against a Defendant will be dismissed without prejudice if proof of service has not been filed as to that particular Defendant by 9:00 a.m. on September 29, 2023. (Ordered by Senior Judge Sam R Cummings on 9/11/2023) (dsr)
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| Filing 16 SUMMONS Returned Executed as to Red Lion Hotels Corporation (RLH) ; served on 8/28/2023. (Blevins, Bryan) |
| Filing 15 SUMMONS Returned Executed as to Inn of the West, LLC ; served on 8/29/2023. (Blevins, Bryan) |
| Filing 14 SUMMONS Returned Executed as to CPLG TX Properties, LLC ; served on 8/28/2023. (Blevins, Bryan) |
| Filing 13 SUMMONS Returned Executed as to Choice Hotel International, Inc ; served on 8/28/2023. (Blevins, Bryan) |
| Filing 12 SUMMONS Returned Executed as to BRE/LQ TX GP, LLC ; served on 8/28/2023. (Blevins, Bryan) |
| Filing 11 Summons Issued as to BRE/LQ TX GP, LLC, Bankhead Hotels, LLC, CPLG TX Properties, LLC, Choice Hotel International, Inc, Gurkarn Diamond Hotel Corporation, Inn of the West, LLC, Pristine Hospitality, Inc, Red Lion Hotels Corporation (RLH), Wyndham Hotels and Resorts. (ada) |
| Filing 10 Request for Clerk to issue summons filed by Jane Doe (A.S.). (Attachments: #1 Additional Page(s)) (Moore, Colin) |
| Filing 9 **DISREGARD** Request for Clerk to issue summons filed by Jane Doe (A.S.). (Attachments: #1 Additional Page(s)) (Moore, Colin) Modified on 8/25/2023 Due to changed needed in document; Filer re-filed at #10 (ada). |
| Filing 8 AMENDED COMPLAINT WITH JURY DEMAND Jane Doe (A.S.) against BRE/LQ TX GP, LLC, Bankhead Hotels, LLC, CPLG TX Properties, LLC, Choice Hotel International, Inc, Gurkarn Diamond Hotel Corporation, Inn of the West, LLC, Pristine Hospitality, Inc, Red Lion Hotels Corporation (RLH), Wyndham Hotels and Resorts filed by Jane Doe (A.S.). (One or more defendant(s) is no longer named.) 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. (Moore, Colin) |
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Filing 7
ORDER. The Court, having considered Plaintiff's Motion to Withdraw Counsel of Record, filed August 7, 2023, is of the opinion that the same should be GRANTED. Accordingly, attorneys Annie McAdams, David E. Harris, Morgan A. Malouf, Michael T. Gallagher, and Pamela McLemore are hereby WITHDRAWN as counsel of record for Plaintiff Jane Doe (A.S.) in the above-styled and -numbered civil action. (Ordered by Senior Judge Sam R Cummings on 8/8/2023) (ada)
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| Filing 6 MOTION to Withdraw as Attorney filed by Jane Doe (A.S.) (Attachments: #1 Proposed Order) (Moore, Colin) |
| Filing 5 NOTICE of Attorney Appearance by Colin David Moore for Sara J. Fendia on behalf of Jane Doe (A.S.). (Moore, Colin) |
| Filing 4 New Case Notes: A filing fee has been paid. (amg) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jane Doe (A.S.). (Clerk QC note: No affiliate entered in ECF). (Moore, Colin) |
| Filing 2 ADDITIONAL ATTACHMENTS (Civil Cover Sheet) to #1 Complaint, by Plaintiff Jane Doe (A.S.). (DISREGARD, attached in error, Attachments: #1 Cover Sheet) (Moore, Colin) (Main Document 2 replaced on 6/1/2023 after filer submitted corrected (Cause of Action) form) (amg). |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Jane Doe A.S.. (Filing fee $402; Receipt number ATXNDC-13780487) Summons(es) not requested at this time. 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 Certificate of Interested Party Disclosure Statement) (Moore, Colin) |
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