Spigner v. Apple Hospitality REIT, Inc. et al
| Dontarius Spigner |
| Apple Hospitality REIT, Inc., Apple Seven SPE Richmond, Inc. and Marriott International, Inc. |
| 3:2021cv00758 |
| December 8, 2021 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ORDER (Dismissing Case With Prejudice) This matter comes before the Court on the parties joint Stipulation of Dismissal (ECF No. #20 ). Based on the Stipulation, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court hereby DISMISSES WITH PREJUDICE all claims by Plaintiff against Defendants, with each party to bear its own costs and attorneys fees. Based on the Stipulation, pursuant to Kokkonen v. Guardian Life, 511 U.S. 374 (1994), the Court retains jurisdiction over this matter for the purpose of enforcement of the settlement. This case is now CLOSED. Signed by District Judge David J. Novak on 8/5/2022. (asho, )
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| Filing 20 STIPULATION of Dismissal by Apple Hospitality REIT, Inc., Apple Seven SPE Richmond, Inc., Marriott International, Inc.. (Voyles, Shawn) |
| Minute Entry for proceedings held before Magistrate Judge Elizabeth W. Hanes:Settlement Conference held on 7/7/2022. (mful) |
| Settlement Conference set for 7/7/2022 at 11:15 AM in Richmond Judges Chamber before Magistrate Judge Elizabeth W. Hanes. (mful) |
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Filing 19
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE The Court has scheduled this case for a settlement conference on July 7, 2022, at 11:15 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Elizabeth W. Hanes. SEE ORDER FOR DETAILS AND DEADLINES. Signed by Magistrate Judge Elizabeth W. Hanes on 4/13/2022. (asho, )
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Filing 18
REFERRAL ORDER This case is hereby REFERRED to United States Magistrate Judge Elizabeth W. Hanes for settlement. The parties shall be responsible for contacting the chambers of the Magistrate Judge to schedule the settlement conference. If amenable to the Magistrate Judge and otherwise consistent with their calendar, the Court orders the parties to schedule the settlement conference before July 31, 2022. Signed by District Judge David J. Novak on 4/6/2022. Copy sent to Magistrate Judge Hanes as directed. (asho, )
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| Filing 17 Case Referred to Magistrate Judge Elizabeth W. Hanes. (asho, ) |
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Filing 16
SCHEDULING and PRETRIAL ORDER - Final Pretrial Conference set for 2/10/2023 at 10:00 AM; Jury Trial set for 2/22/2023 at 09:30 AM and Jury Selection set for 2/21/2023 at 09:30 AM al held in Richmond Courtroom 6300 before District Judge David J. Novak. Signed by District Judge David J. Novak on 4/6/2022. (cgar)
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| Minute Entry for proceedings held before District Judge David J. Novak:Initial Pretrial Conference held on 4/5/2022. (cgar) |
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Filing 15
ORDER granting #14 Motion for Pro hac vice Appointed Natalie Michelle Stroud Fenner for Dontarius Spigner. Signed by District Judge David J. Novak on 3/16/2022. (asho, )
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| Filing 14 First Motion to appear Pro Hac Vice by Natalie Michelle Stroud Fenner and Certification of Local Counsel Brooke Alexander Filing fee $ 75, receipt number AVAEDC-8280353. by Dontarius Spigner. (Attachments: #1 Letter Application to Qualify)(Alexander, Brooke) |
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Filing 13
ORDER SETTING PRETIAL CONFERENCE - Initial Pretrial Conference set for 4/5/2022 at 03:00 PM in Richmond Telephonically before District Judge David J. Novak. Signed by Patrick F. Dillard with permission of District Judge David J. Novak on 3/2/2022. (cgar)
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Filing 12
MEMORANDUM ORDER This matter now comes before the Court on Plaintiffs Motion and Brief to Remand to State Court (the "Motion" (ECF No. #8 )), which seeks to remand this case to the Circuit Court for the City of Richmond based on the "forum defendant rule" set forth in 28 U.S.C. 144l(b)(2). Because the Court has no cause to depart from the plain language of 1441 (b )(2), and because no standard exists to classify pre-service removal as premature, the Court considers Defendants' removal proper. The Court hereby DENIES Plaintiff's Motion to Remand. SEE MEMORANDUM ORDER FOR DETAILS. Signed by District Judge David J. Novak on 3/1/2022. (asho, )
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| Notice of Correction; Filing user notified to use the nine element signature block on all future filings. Clerk noted duplicate filing of ECF No.'s 10 and 11. No further action is required at this time. (asho, ) |
| Filing 11 REPLY to Response to Motion re #8 MOTION to Remand to State Court filed by Dontarius Spigner. (Alexander, Brooke) |
| Filing 10 FILED IN ERROR, ECF NO. #11 IS CORRECTED FILING. REPLY to Response to Motion re #8 MOTION to Remand to State Court filed by Dontarius Spigner. (Alexander, Brooke) Modified on 1/26/2022 (asho, ). |
| Filing 9 Memorandum in Opposition re #8 MOTION to Remand to State Court filed by Apple Hospitality REIT, Inc., Apple Seven SPE Richmond, Inc., Marriott International, Inc.. (Voyles, Shawn) |
| Filing 8 MOTION to Remand to State Court by Dontarius Spigner. (Alexander, Brooke) |
| Filing 7 Financial Interest Disclosure Statement (Local Rule 7.1) by Apple Hosptiality REIT, Inc.. (Voyles, Shawn) |
| Filing 6 Financial Interest Disclosure Statement (Local Rule 7.1) by Marriott International, Inc.. (Voyles, Shawn) |
| Filing 5 Financial Interest Disclosure Statement (Local Rule 7.1) by Apple Seven SPE Richmond, Inc.. (Voyles, Shawn) |
| Filing 4 ANSWER to Complaint by Marriott International, Inc..(Voyles, Shawn) |
| Filing 3 ANSWER to Complaint by Apple Seven SPE Richmond, Inc..(Voyles, Shawn) |
| Filing 2 ANSWER to Complaint by Apple Hosptiality REIT, Inc..(Voyles, Shawn) |
| Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8141397.), filed by Marriott International, Inc., Apple Seven SPE Richmond, Inc., Apple Hosptiality REIT, Inc.. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Exhibit Plaintiff's State Court Complaint, #3 Exhibit Defendant's Notice of Removal filed with Richmond Circuit Court)(Voyles, Shawn) |
| Initial Case Assignment to District Judge David J. Novak. (asho, ) |
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