Tate v. First Hospitality Group Inc et al
| Ameenah Tate |
| Hilton Worldwide Holdings Inc, Park Hotels & Resorts Inc, Hilton Garden Inns Management LLC, First Hospitality Group Inc and First MKD LLC |
| 2:2021cv01463 |
| December 27, 2021 |
| US District Court for the Eastern District of Wisconsin |
| William E Duffin |
| J P Stadtmueller |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on February 11, 2022. A more recent docket listing may be available from PACER.
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Filing 57
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 2/11/2022. Interim Settlement Report due by 6/24/2022; Dispositive Motions due by 7/1/2022; Final Settlement Report due by 10/14/2022; Motions in Limine and Daubert Motions due by 10/21/2022; Final/Joint Pretrial Report due by 2:00 PM on 10/26/2022. Final Pretrial Conference set for 11/1/2022 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Jury Trial set for 11/7/2022 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel) (cl)
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| Filing 56 Minute Entry for proceedings held before Judge J.P. Stadtmueller: Scheduling Conference held on 2/3/2022. (Court Reporter Tom Malkiewicz) (cl) |
| Filing 55 REPORT of Rule 26(f) Plan by First Hospitality Group Inc, First MKD LLC. (Mills, Sara) |
| Filing 54 NOTICE of Hearing: Scheduling Conference set for 2/3/2022 at 10:00 AM by telephone before Judge J.P. Stadtmueller. Counsel shall include in their Rule 26 plan either a conference line at which counsel and the Court may join or a list of the direct telephone numbers at which counsel may be reached for the Court to initiate the call. Joint Rule 26 Plan due by 1/31/2022. (cc: all counsel) (cl) |
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TEXT ONLY ORDER by Judge J.P. Stadtmueller on 1/24/2022. Upon consideration of #52 Defendants' motion to adjourn previous trial dates, the Court GRANTS the motion. The dates set by the Northern District of Illinois in this case are ADJOURNED. (cc: all counsel) (cl)
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| Filing 53 DECLARATION of Sara C. Mills (Attachments: #1 Ex A decla of Mills, #2 Ex B decla of Mills, #3 Ex C decla of Mills, #4 Ex D decla of Mills, #5 Ex E decla of Mills, #6 Ex F decla of Mills)(Mills, Sara) |
| Filing 52 Rule 7(h) Expedited Non-Dispositive MOTION to Adjourn Deadlines and Enter a New Scheduling Order by First Hospitality Group Inc, First MKD LLC. (Mills, Sara) |
| Attorney Kylie Owens terminated. (rcm) |
| Filing 51 LETTER NOTICE of Withdrawal from Kylie Owens . (Owens, Kylie) Modified on 1/21/2022 (rcm). |
| Case reassigned to Judge J P Stadtmueller. Magistrate Judge William E Duffin no longer assigned to the case. (mlm) |
| Filing 50 Magistrate Judge Jurisdiction Form filed by First Hospitality Group Inc, First MKD LLC. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Hall, Samuel) |
| Filing 49 NOTICE of Appearance by Sara C Mills on behalf of First Hospitality Group Inc, First MKD LLC. Attorney(s) appearing: Sara C. Mills (Mills, Sara) |
| Filing 48 Magistrate Judge Jurisdiction Form filed by Ameenah Tate. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Mulholland, Toby) |
| Filing 47 DISCLOSURE Statement by Ameenah Tate. (Mulholland, Toby) |
| Filing 46 NOTICE of Appearance by Toby Mulholland on behalf of Ameenah Tate. Attorney(s) appearing: Toby P. Mulholland (Mulholland, Toby) |
| Filing 45 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-03427. Original file certified copy of transfer order and docket sheet received. |
| Filing 44 TRANSFERRED to the Eastern District of Wisconsin/Milwaukee Division the electronic record. (daj, ) [Transferred from ilnd on 12/27/2021.] |
| NOTICE Regarding assignment of this matter to Magistrate Judge William E Duffin; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) |
| Filing 43 MINUTE entry before the Honorable Young B. Kim: In light of the transfer order, all matters relating to the referral of this action have been concluded. The referral is closed and the case is returned to the assigned District Judge. The fact discovery deadline of February 25, 2022 stands unless changed by the court in Wisconsin. Mailed notice (Kim, Young) [Transferred from ilnd on 12/27/2021.] |
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Filing 42
ORDER: Plaintiff Ameenah Tate filed this negligence action in Illinois state court against defendant hotel operators after she suffered a severe assault by her ex-husband at a Milwaukee hotel. [3-1]. The remaining defendants have moved to transfer the case to the Eastern District of Wisconsin, Milwaukee Division. #14 . For the reasons set forth below, the motion #14 is granted. This case is transferred to the United States District Court for the Eastern District of Wisconsin, Milwaukee Division, pursuant to 28 U.S.C. 1404(a). Signed by the Honorable Martha M. Pacold on 12/13/2021: Mailed notice(daj, ) [Transferred from ilnd on 12/27/2021.]
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| ***Civil Case Terminated. (daj, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 41 MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for extension of time #40 is granted. Parties have until February 25, 2022, to complete all fact discovery. This is a firm deadline. Defendants are warned that they have the burden of obtaining the necessary records in a timely manner with due diligence before they depose Plaintiff. They may wish to consider serving the medical providers with proper subpoenas for records so that they may seek to enforce them in federal court in Wisconsin if necessary. Parties are to file a joint status report by February 18, 2022, advising the court whether they require expert discovery. Mailed notice (Kim, Young) [Transferred from ilnd on 12/27/2021.] |
| Filing 40 STATUS Report by First Hospitality Group Inc., First MKD, LLC (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 39 NOTICE of Correction regarding #37 . (ec, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 38 MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for extension of time #36 is entered and continued. Parties are to file a supplement to the status report, by December 3, 2021, including the following: (1) the names of fact witnesses already deposed; (2) the names of fact witnesses scheduled to be deposed "in the coming weeks" and their deposition dates; (3) the names of respondents who have not yet produced records subpoenaed, the dates when Defendants served their subpoenas, the dates when the subpoenaed records were originally due; (4) the name of the medical provider referenced in Paragraph 3 of the motion; and (5) the names of additional fact witnesses who the parties may depose. Mailed notice (ec) [Transferred from ilnd on 12/27/2021.] |
| Filing 37 Entered in Error (ec) Modified on 11/30/2021 (ec, ). [Transferred from ilnd on 12/27/2021.] |
| Filing 36 MOTION by Defendants First Hospitality Group Inc., First MKD, LLC for extension of time to complete discovery Joint Motion for Extension of Fact Discovery Deadline (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 35 MINUTE entry before the Honorable Young B. Kim: Parties did not file a joint status report by September 24, 2020, identifying written discovery disputes as ordered. (See R. 11.) Based on this, the court presumes that the parties do not have any written discovery issues. (Id.) Written discovery is now closed, except for supplementing earlier discovery responses as required under Rule 26(e) and serving requests to admit and subpoenas for records. If the parties wish to serve supplemental written discovery requests, they must seek leave of court by filing a motion and attaching the proposed set of supplemental requests as an exhibit to the motion. Parties have until December 17, 2021, to complete all fact discovery. Parties are to file a joint status report by December 10, 2021, advising the court whether they require expert discovery. Mailed notice (Kim, Young) [Transferred from ilnd on 12/27/2021.] |
| Filing 34 PROTECTIVE Order Signed by the Honorable Young B. Kim on 9/22/2021. (ma,) [Transferred from ilnd on 12/27/2021.] |
| Filing 33 MINUTE entry before the Honorable Young B. Kim: Parties' stipulation to protective order #31 , treated as a joint motion for the entry of an agreed confidentiality order, is granted. Parties are to email a Word version of the proposed protective order to "proposed_order_kim@ilnd.uscourts.gov" by September 21, 2021. Mailed notice (ma,) [Transferred from ilnd on 12/27/2021.] |
| Filing 32 PROPOSED Pretrial Order protective order (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 31 STIPULATION for protective order (Hall, Samuel) Modified on 9/20/2021 (ma, ). [Transferred from ilnd on 12/27/2021.] |
| Filing 30 DECLARATION of Nick Johnson regarding reply #27 In Support of Defendant's Motion to Transfer (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 29 DECLARATION of Anthony Leitz regarding reply #27 In Suppot of Defendants' Motion to Transfer (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 28 DECLARATION of Samuel C. Hall, Jr. regarding reply #27 In Support of Motion to Transfer (Attachments: #1 Exhibit Exh A - Plaintiff's Initial Rule 26(a)(1) Disclosures, #2 Exhibit Exh B - Defendants' Rule 26(a)(1) Initial Disclosures)(Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 27 REPLY by Defendants First Hospitality Group Inc., First MKD, LLC to motion to transfer case #14 (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 26 ANSWER to amended complaint by First Hospitality Group Inc., First MKD, LLC(Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 25 RESPONSE by Ameenah Tatein Opposition to MOTION by Defendants First Hospitality Group Inc., First MKD, LLC to transfer case #14 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Mulholland, Toby) [Transferred from ilnd on 12/27/2021.] |
| Filing 24 AMENDED complaint by Ameenah Tate against First Hospitality Group Inc., First MKD, LLC (Mulholland, Toby) [Transferred from ilnd on 12/27/2021.] |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: The court enters the parties' agreed briefing schedule on Defendants First Hospitality Group, Inc. and First MDK, LLC's motion to transfer pursuant to 28 U.S.C. 1404(a) #14 . Plaintiff's response is due by 8/5/2021. Defendants' reply is due by 8/19/2021. (rao, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #20 , which seeks to voluntarily dismiss without prejudice Defendants Hilton Worldwide Holdings, Inc. Park Hotels & Resorts, Inc. and Hilton Garden Inns Management LLC (the "Hilton defendants") under Rule 41(a)(1)(A)(i). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal #20 as a request for leave to amend the complaint under Rule 15(a)(2) by dropping the Hilton defendants from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the complaint. Plaintiff may file an amended complaint by 7/30/2021. For docket management purposes, the court strikes the Hilton defendants' motion to dismiss #7 and plaintiff's motion to strike #18 . (rao, ) Modified on 7/15/2021 (rao, ). [Transferred from ilnd on 12/27/2021.] |
| Filing 21 MINUTE entry before the Honorable Young B. Kim: Parties should note that the pending motion to transfer, (R. 14), does not stay this court's order of July 7, 2021. Mailed notice (ma,) [Transferred from ilnd on 12/27/2021.] |
| Filing 20 NOTICE of Voluntary Dismissal by Ameenah Tate (Mulholland, Toby) [Transferred from ilnd on 12/27/2021.] |
| Filing 19 MEMORANDUM by Hilton Garden Inns Management, LLC, Hilton Worldwide Holdings, Inc. in Opposition to motion to strike, #18 Brief in Opposition to Plaintiff's Motion to Strike (Gilbert, Amy) [Transferred from ilnd on 12/27/2021.] |
| Filing 18 MOTION by Plaintiff Ameenah Tate to strike MOTION by Defendants Hilton Worldwide Holdings, Inc., Hilton Garden Inns Management, LLC, Park Hotels & Resorts, Inc. to dismiss #7 , memorandum in support of motion, #8 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Mulholland, Toby) [Transferred from ilnd on 12/27/2021.] |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: The court takes Defendants First Hospitality Group Inc. and First MKD, LLC's motion to transfer pursuant to 28 U.S.C. 1404(a) #14 under advisement. The parties are advised that this court's motion procedures, which are available on the court's website, provide that "[i]f the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." The parties have not submitted an agreed briefing schedule. The court directs the parties to confer and submit an agreed briefing schedule to the court's proposed order inbox by 7/13/2021. (rao, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 16 DECLARATION of Samuel C. Hall, Jr. regarding memorandum in support of motion #15 , motion to transfer case #14 (Attachments: #1 Exhibit A - Criminal Complaint, #2 Exhibit B - Civil Statistical Tables for the Federal Judiciary)(Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 15 MEMORANDUM by First Hospitality Group Inc., First MKD, LLC in support of motion to transfer case #14 (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 14 MOTION by Defendants First Hospitality Group Inc., First MKD, LLC to transfer case (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 13 NOTICE by First Hospitality Group Inc., First MKD, LLC Notice of Presentment of Motion to Transfer Pursuant to 28 U.S.C. 1404(a) (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 12 ATTORNEY Appearance for Plaintiff Ameenah Tate by Toby Patrick Edwin Mulholland (Mulholland, Toby) [Transferred from ilnd on 12/27/2021.] |
| Filing 11 MINUTE entry before the Honorable Young B. Kim: Plaintiff and Defendants First Hospitality Group, Inc., and First MKD, LLC are ordered to adhere to the following written discovery schedule: (1) exchange Rule 26(a)(1) disclosures by July 23, 2021; (2) serve written discovery requests by July 30, 2021 (requests to admit may be timely served before the end of fact discovery); (3) serve answers to written discovery requests by September 3, 2021; (4) confer about the adequacy of the discovery responses by September 17, 2021; and (5) file a joint status report identifying each side's written discovery issues, along with the relevant written discovery responses as exhibits, by September 24, 2021. The court will not consider general objections to written discovery requests if the court must address and rule on written discovery disputes. If the parties do not have any disputed written discovery issues, a status report is not required. Mailed notice (ma,) [Transferred from ilnd on 12/27/2021.] |
| Filing 10 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.(rao, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 9 MINUTE entry before the Honorable Martha M. Pacold: The court has received Defendants Hilton Worldwide Holdings, Inc., Hilton Garden Inns Management, LLC, and Park Hotels & Resorts, Inc.'s motion to dismiss #7 . The parties are advised that this court's motion procedures, which are available on the court's website, provide that "[i]f the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." The parties have not submitted an agreed briefing schedule. The court directs the parties to confer and advise the court whether the motion is opposed and, if so, to submit an agreed briefing schedule to the court's proposed order inbox by 7/9/2021. The remaining defendants have answered the complaint. This case will be referred to the magistrate judge for discovery supervision and settlement. (rao, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 8 MEMORANDUM by Hilton Garden Inns Management, LLC, Hilton Worldwide Holdings, Inc., Park Hotels & Resorts, Inc. in support of motion to dismiss #7 (Attachments: #1 Exhibit 1 - Declaration of James Smith, #2 Exhibit 2 - Declaration of W.S. Standefer, #3 Exhibit 3 - Park Hotels' Form 10-K)(Gilbert, Amy) [Transferred from ilnd on 12/27/2021.] |
| Filing 7 MOTION by Defendants Hilton Worldwide Holdings, Inc., Hilton Garden Inns Management, LLC, Park Hotels & Resorts, Inc. to dismiss (Gilbert, Amy) [Transferred from ilnd on 12/27/2021.] |
| Filing 6 ATTORNEY Appearance for Defendants Hilton Garden Inns Management, LLC, Hilton Worldwide Holdings, Inc., Park Hotels & Resorts, Inc. by Amy L. Starinieri Gilbert (Gilbert, Amy) [Transferred from ilnd on 12/27/2021.] |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (rc, ) [Transferred from ilnd on 12/27/2021.] |
| Filing 4 ANSWER to Complaint with Jury Demand by First Hospitality Group Inc., First MKD, LLC(Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 3 NOTICE of Removal from Cook County, case number (21L005214) filed by First Hospitality Group Inc., First MKD, LLC, Hilton Garden Inns Management, LLC, Hilton Worldwide Holdings, Inc., Park Hotels & Resorts, Inc. Filing fee $ 402, receipt number 0752-18393864. (Attachments: #1 Exhibit A - Summons and Complaint)(Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 2 ATTORNEY Appearance for Defendants First Hospitality Group Inc., First MKD, LLC, Hilton Garden Inns Management, LLC, Hilton Worldwide Holdings, Inc., Park Hotels & Resorts, Inc. by Samuel C Hall, Jr (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| Filing 1 CIVIL Cover Sheet (Hall, Samuel) [Transferred from ilnd on 12/27/2021.] |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (mxo, ) [Transferred from ilnd on 12/27/2021.] |
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