ORDER granting 38 Motion to Dismiss for Failure to State a Claim. The 36 Amended Complaint is DISMISSED. It is so ORDERED. Signed by District Judge John A. Gibney, Jr on 6/1/15. (tdai, ) (Entered: 06/01/2015)
ORDER granting 46 Joint Motion to Extend Certain Deadlines. The Court GRANTS the motion and ORDERS as follows: The Court VACATES the August 10, 2015, trial date. All deadlines reflected in the Court's Initial Pretrial Order 29 as well as the defendants' time within which to oppose the plaintiff's motion for class certification 45 are hereby STAYED. Signed by District Judge John A. Gibney, Jr. on 4/27/2015. (sbea, ) (Entered: 04/27/2015)
Joint MOTION for Extension by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Hospitality REIT, Inc., Glenn W. Bunting, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(Edwards, Elizabeth) (Entered: 04/10/2015)
Joint MOTION for Extension by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Hospitality REIT, Inc., Glenn W. Bunting, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Edwards, Elizabeth) (Entered: 04/10/2015)
Reply to Motion re 38 MOTION to Dismiss for Failure to State a Claim filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Hospitality REIT, Inc., Glenn W. Bunting, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Edwards, Elizabeth) (Entered: 03/23/2015)
ORDER granting 40 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their response, if any, to Defendants' Motion to Dismiss (Doc No. 38 ) on or before March 16, 2015. Defendants shall file any reply on or before March 23, 2015. It is so ORDERED. Signed by District Judge John A. Gibney, Jr on 3/12/15. (tdai, ) (Entered: 03/12/2015)
MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss for Failure to State a Claim by Dorothy Wenzel. (Attachments: # 1 Exhibit Stipulation, # 2 Exhibit Proposed Order)(Geiger, Jeffrey) (Entered: 03/11/2015)
Memorandum in Support re 38 MOTION to Dismiss for Failure to State a Claim filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Hospitality REIT, Inc., Glenn W. Bunting, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1)(Edwards, Elizabeth) (Entered: 02/23/2015)
MOTION to Dismiss for Failure to State a Claim by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Hospitality REIT, Inc., Glenn W. Bunting, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(Edwards, Elizabeth) (Entered: 02/23/2015)
Summons Issued as to Apple Hospitality REIT, Inc.. Copy of 1 Complaint and 36 Amended Complaint attached. Summons ready to be picked up in Clerk's Office. (Attachments: # 1 Cover Letter)(tdai, ) (Entered: 02/09/2015)
AMENDED COMPLAINT First Amended Class Action Complaint against Apple Eight Advisors, Inc., Apple Fund Management, LLC, Glenn W. Bunting, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily, Apple Hospitality REIT, Inc., filed by Dorothy Wenzel.(Geiger, Jeffrey) (Entered: 02/04/2015)
ORDER denying 12 defendants' Motion to Strike; granting 13 defendants' Motion to Dismiss for Failure to State a Claim; the Court grants the plaintiff leave to amend her complaint within 21 days, if she so chooses. Signed by District Judge John A. Gibney, Jr on 1/14/15. (jtho, ) (Entered: 01/14/2015)
ORDER denying 15 Motion to Transfer Case to the Eastern District of New York. Signed by District Judge John A. Gibney, Jr on 1/14/15. (tdai, ) (Entered: 01/14/2015)
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. On December 17, 2014, the Honorable John A. Gibney referred this matter to this Court for settlement. The parties thereafter informed this Court that they had already engaged in private mediation with further meetings planned. Accordingly, this Court ORDERS that the parties file a report on the results of the private mediation with Judge Gibney as required by Local Civil Rule 83.6(B) not later than March 18, 2015. Should the parties not resolve this matter through private mediation, the Court will set this case for a settlement conference on April 1, 2015, at 9:30 a.m. At that time, the parties shall report to the chambers of Magistrate Judge David J. Novak. See Order for details. Signed by Magistrate Judge David J. Novak on 12/17/2014. (jsmi, ) (Entered: 12/17/2014)
It is hereby ORDERED that the settlement conference and proceedings are referred to United States Magistrate David J. Novak. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Novak within five (5) days of the date of this Order to schedule the conference, which should occur at such time as Magistrate Judge Novak shall approve. It is so ORDERED. Signed by District Judge John A. Gibney, Jr on 12/17/14. (tdai, ) (Entered: 12/17/2014)
PRETRIAL ORDER: Bench Trial set for 8/10/2015 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr. on 12/17/14. (wtuc) (Entered: 12/17/2014)
SCHEDULING ORDER: Initial Pretrial Conference set for 12/17/2014 at 09:20 AM before District Judge John A. Gibney, Jr. Signed by District Judge John A. Gibney, Jr. on 11/12/14. (wtuc) (Entered: 11/12/2014)
Response to 26 NOTICE, filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (McMahan, Jeffrey) (Entered: 10/08/2014)
NOTICE of New Authority with Respect to the Defendants' Motion to Transfer Venue by Dorothy Wenzel re 15 Motion to Transfer to the Eastern District of New York. (Attachments: # 1 Exhibit Memorandum Opinion, # 2 Exhibit Order)(Geiger, Jeffrey) Modified on 10/3/2014 to edit docket text. (cmcc, ). (Entered: 10/02/2014)
ANSWER to 1 Complaint, by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily.(McMahan, Jeffrey) (Entered: 08/15/2014)
ORDER In the interest of judicial efficiency and economy, it is hereby ORDERED that this action is reassigned to the Honorable John A. Gibney, Jr. Signed by District Judge Henry E. Hudson on 8/8/14. (tdai, ) (Entered: 08/08/2014)
REPLY to Response to Motion re 15 MOTION to Transfer Case to the Eastern District of New York filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1)(Edwards, Elizabeth) (Entered: 08/07/2014)
REPLY to Response to Motion re 12 MOTION to Strike Allegations in Plaintiff's Complaint, 13 MOTION to Dismiss for Failure to State a Claim filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Edwards, Elizabeth) (Entered: 08/07/2014)
SCHEDULING ORDER: Initial Pretrial Conference set for 8/27/2014 at 11:15 AM before District Judge Robert E. Payne.. Signed by District Judge Robert E. Payne on 8/6/14. (sneal, ) (Entered: 08/06/2014)
ORDER entered by the Clerk at the direction of the Court setting an Initial Pretrial Conference to be held at 11:15 a.m. on 8/27/14.(sneal, ) (Entered: 08/06/2014)
Memorandum in Opposition re 12 MOTION to Strike Allegations in Plaintiff's Complaint, 13 MOTION to Dismiss for Failure to State a Claim filed by Dorothy Wenzel. (Geiger, Jeffrey) (Entered: 08/01/2014)
Memorandum in Opposition re 15 MOTION to Transfer Case to the Eastern District of New York filed by Dorothy Wenzel. (Geiger, Jeffrey) (Entered: 08/01/2014)
Memorandum in Support re 15 MOTION to Transfer Case to the Eastern District of New York filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1 - Complaint & Amended Complaint from Eastern District of New York)(McMahan, Jeffrey) (Entered: 07/18/2014)
MOTION to Transfer Case to the Eastern District of New York by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McMahan, Jeffrey) (Entered: 07/18/2014)
Memorandum in Support re 12 MOTION to Strike Allegations in Plaintiff's Complaint, 13 MOTION to Dismiss for Failure to State a Claim filed by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Exhibit 1 - Forms S-3, # 2 Exhibit 2 - Articles of Incorporation)(McMahan, Jeffrey) (Entered: 07/18/2014)
MOTION to Dismiss for Failure to State a Claim by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McMahan, Jeffrey) (Entered: 07/18/2014)
MOTION to Strike Allegations in Plaintiff's Complaint by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (Attachments: # 1 Proposed Order)(McMahan, Jeffrey) (Entered: 07/18/2014)
NOTICE of Appearance by Elizabeth Flannagan Edwards on behalf of Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily (Edwards, Elizabeth) (Entered: 07/18/2014)
Financial Interest Disclosure Statement (Local Rule 7.1) by Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc.. (McMahan, Jeffrey) (Entered: 07/18/2014)
NOTICE of Appearance by Jeffrey Dean McMahan, Jr on behalf of Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily (McMahan, Jeffrey) (Entered: 07/18/2014)
SUMMONS Returned Executed by Dorothy Wenzel. James C. Barden served on 6/17/2014, answer due 7/8/2014; Kent Colton served on 6/17/2014, answer due 7/8/2014; Kristian Gathright served on 6/17/2014, answer due 7/8/2014; Glade M. Knight served on 6/17/2014, answer due 7/8/2014; Justin Knight served on 6/17/2014, answer due 7/8/2014; David McKenney served on 6/17/2014, answer due 7/8/2014; Bryan Peery served on 6/17/2014, answer due 7/8/2014; Michael S. Waters served on 6/17/2014, answer due 7/8/2014; Robert M. Wily served on 6/17/2014, answer due 7/8/2014. (cmcc, ) (Entered: 07/08/2014)
ORDER granting 5 Motion for Pro hac vice. Appointed Kevin Peter Roddy for Dorothy Wenzel. Signed by District Judge Robert E. Payne on 6/26/14. (tdai, ) (Entered: 06/27/2014)
So Ordered re 4 Motion to appear Pro Hac Vice by Daniel Robert Lapinski filed by Dorothy Wenzel. Signed by District Judge Robert E. Payne on 6/19/14. (wtuc) (Entered: 06/23/2014)
Motion to appear Pro Hac Vice by Kevin P. Roddy and Certification of Local Counsel Jeffrey H. Geiger Filing fee $ 75, receipt number 0422-4007062. by Dorothy Wenzel. (Geiger, Jeffrey) (Entered: 06/18/2014)
Motion to appear Pro Hac Vice by Daniel Robert Lapinski and Certification of Local Counsel Jeffrey H. Geiger Filing fee $ 75, receipt number 0422-4007048. by Dorothy Wenzel. (Geiger, Jeffrey) (Entered: 06/18/2014)
Summons Issued as to James C. Barden, Kent Colton, Kristian Gathright, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily. (summonses to be picked up at the Clerk's Office per plaintiff's attorney). (tjoh, ) (Entered: 06/17/2014)
COMPLAINT against Apple Eight Advisors, Inc., Apple Fund Management, LLC, Apple Seven Advisors, Inc., James C. Barden, Glenn W. Bunting, Kent Colton, Kristian Gathright, Lisa B. Kern, Glade M. Knight, Justin Knight, David McKenney, Bryan Peery, Michael S. Waters, Robert M. Wily, filed by Dorothy Wenzel. (Attachments: # 1 Civil Cover Sheet, # 2 Letter)(tjoh, ) (Entered: 06/17/2014)
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