LETTER addressed to Judge Gregory H. Woods from Chris LaRocco dated 4/3/2018 re: Response to Plaintiff's Letter Request for Leave to File As Supplemental Authority. Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc..(LaRocco, Chris) (Entered: 04/03/2018)
LETTER MOTION for Leave to File Supplemental Authority addressed to Judge Gregory H. Woods from James P. Batson dated April 2, 2018. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Attachments: # 1 Exhibit)(Batson, James) (Entered: 04/02/2018)
REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Bifurcate and for speedy hearing. . Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) (Entered: 10/06/2017)
REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss . . Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (LaRocco, Chris) (Entered: 10/06/2017)
ORDER granting 39 Letter Motion for Leave to File Excess Pages. Application granted. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/3/2017) (anc) (Entered: 10/03/2017)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from James P. Batson dated October 3, 2017. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 10/03/2017)
MEMORANDUM OF LAW in Opposition re: 32 MOTION to Dismiss . . Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) (Entered: 09/29/2017)
MEMORANDUM OF LAW in Opposition re: 35 MOTION to Bifurcate and for speedy hearing. . Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (LaRocco, Chris) (Entered: 09/29/2017)
MEMORANDUM OF LAW in Support re: 35 MOTION to Bifurcate and for speedy hearing. . Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) (Entered: 09/08/2017)
MOTION to Bifurcate and for speedy hearing. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 09/08/2017)
MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss . . Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (LaRocco, Chris) (Entered: 09/08/2017)
MOTION to Dismiss . Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc..(LaRocco, Chris) (Entered: 09/08/2017)
ORDER: granting 30 Letter Motion for Leave to File Document. The Court has reviewed the parties August 4, 2017 pre-motion letters, which describe Plaintiff's anticipated motion for a "speedy hearing" on its claim for declaratory relief (Dkt. No. 29) and Defendants motion to dismiss the amended complaint (Dkt. No. 30). The parties' requests for leave to file their anticipated motions are GRANTED. Plaintiff is granted leave to file a motion for a speedy hearing on its claim for declaratory relief, no later than September 8, 2017. Defendants' opposition is due three weeks from the date of service of Plaintiff's motion. Plaintiff's reply, if any is due one week from the date of service of Defendants' opposition. Defendants are granted leave to file a motion to dismiss the amended complaint, no later than September 8, 2017. Plaintiff's opposition is due three weeks from the date of service of Defendants' motion. Defendants' reply, if any, is due one week from the date of service of Plaintiff' opposition. Defendants' request to file an opening brief of no more than 35 pages (Dkt. No. 30) is also GRANTED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 29. (Signed by Judge Gregory H. Woods on 8/7/2017) (ap) (Entered: 08/07/2017)
LETTER MOTION for Leave to File Motion To Dismiss addressed to Judge Gregory H. Woods from Chris LaRocco dated August 4, 2017. Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc..(LaRocco, Chris) (Entered: 08/04/2017)
LETTER addressed to Judge Gregory H. Woods from James P. Batson dated August 4, 2017 re: Plaintiff's anticipated motion. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 08/04/2017)
SECOND AMENDED COMPLAINT amending 4 Amended Complaint,, against Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc..Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. Related document: 4 Amended Complaint,, filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 07/14/2017)
ORDER: granting 26 Letter Motion to Continue. Application granted. The briefing schedules entered by the Court on May 31, 2017 (Dkt. No. 23) are adjourned. Plaintiff is granted leave to file an amended complaint no later than July 14, 2017. Any pre-motion letters concerning the amended complaint should be filed no later than August 4, 2017. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 26. SO ORDERED. Amended Pleadings due by 7/14/2017. (Signed by Judge Gregory H. Woods on 6/15/2017) (ama) (Entered: 06/15/2017)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Continue briefing schedule and regarding Plaintiff's anticipated Second Amended Complaint addressed to Judge Gregory H. Woods from James P. Batson dated June 15, 2017. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Attachments: # 1 Stipulation)(Batson, James) Modified on 8/16/2017 (ldi). (Entered: 06/15/2017)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/10/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/08/2017)
TRANSCRIPT of Proceedings re: Conference held on 5/10/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/6/2017.(Siwik, Christine) (Entered: 06/08/2017)
ORDER: Defendants are granted leave to file a motion to dismiss on the topics described in their May 26 letter (Dkt. No. 17)namely, subject matter jurisdiction, standing, and venue -no later than June 23, 2017. Plaintiff's opposition is due three weeks from the date of service of Defendants' motion. Defendants' reply, if any, is due one week from the date of service of Plaintiff's opposition. Plaintiff is granted leave to file the motions for consolidation and for a speedy hearing on its claim for declaratory relief, described in its May 19 letter (Dkt. No. 14), no later than June 23, 2017. Defendants' opposition is due three weeks from the date of service of Plaintiff's motion. Plaintiff's reply, if any is due one week from the date of service of Defendants' opposition. The parties are directed to refrain from filing additional motions until further direction from the Court. SO ORDERED.(Motions due by 6/23/2017.) (Signed by Judge Gregory H. Woods on 5/31/2017) (anc) Modified on 6/2/2017 (anc). (Entered: 06/01/2017)
ORDER granting 18 Motion for Christopher V. Langone to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 05/31/2017)
NOTICE OF APPEARANCE by Chris Michael LaRocco on behalf of Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (LaRocco, Chris) (Entered: 05/31/2017)
NOTICE OF APPEARANCE by William Jonas Hibsher on behalf of Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (Hibsher, William) (Entered: 05/31/2017)
NOTICE OF APPEARANCE by Jonathan Eric Ginsberg on behalf of Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (Ginsberg, Jonathan) (Entered: 05/31/2017)
MOTION for Christopher V. Langone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13722156. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Langone, Christopher) (Entered: 05/30/2017)
LETTER addressed to Judge Gregory H. Woods from Chris LaRocco dated 5/26/2017 re: Defendants' Affirmative Pre-Motion Letter. Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (Attachments: # 1 Exhibit 1 to Pre Motion Letter, # 2 Exhibit 2 to Pre Motion Letter, # 3 Exhibit 3 to Pre Motion Letter)(LaRocco, Chris) (Entered: 05/26/2017)
LETTER addressed to Judge Gregory H. Woods from Chris LaRocco dated 5/26/2017 re: in Opposition to the Proposed Motions by Plaintiff. Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc..(LaRocco, Chris) (Entered: 05/26/2017)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marriott International, Inc. for Starwood Hotels & Resorts Worldwide, Inc.; Corporate Parent Vistana Vacation Ownership Services, Inc. for St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc.; Corporate Parent Interval Acquisition Corp. for Vistana Signature Experiences, Inc.; Corporate Parent Liberty Interactive Corporation for Interval Leisure Group, Inc.; Corporate Parent Vistana Signature Experiences, Inc. for Vistana Vacation Ownership, Inc.. Document filed by Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc..(LaRocco, Chris) (Entered: 05/26/2017)
LETTER addressed to Judge Gregory H. Woods from James P. Batson dated May 19, 2017 re: Plaintiff's anticipated motions. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 05/19/2017)
JOINT LETTER addressed to Judge Gregory H. Woods from James P. Batson; Chris LaRocco dated May 3, 2017 re: initial case status. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 05/03/2017)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/10/2017 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. And as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/17/2017) (anc) (Entered: 04/17/2017)
STIPULATION AND ORDER EXTENDING TIME: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Fifth and Fifty-Fifth Residence Club Association, Inc. ("Plaintiff") and defendants Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc. (f/k/a Starwood Vacation Ownership, Inc.), ILG, Inc. (s/h/a Interval Leisure Group, Inc.), Starwood Hotels & Resorts Worldwide, LLC (s/h/a Starwood Hotels & Resorts Worldwide, Inc.), Marriott International, Inc., St. Regis Residence Club, New York, Inc., and St. Regis New York Management, Inc. (together, "Defendants"), through their respective counsel as set forth below, that: The time for Defendants to answer, move with respect to, or otherwise respond to the First Amended Complaint in this action is hereby extended through and including May 30, 2017; and as further set forth herein. SO ORDERED. (Interval Leisure Group, Inc. answer due 5/30/2017; Marriott International, Inc. answer due 5/30/2017; St. Regis New York Management, Inc. answer due 5/30/2017; St. Regis Residence Club, New York, Inc. answer due 5/30/2017; Starwood Hotels & Resorts Worldwide, Inc. answer due 5/30/2017; Vistana Signature Experiences, Inc. answer due 5/30/2017; Vistana Vacation Ownership, Inc. answer due 5/30/2017.) (Signed by Judge Gregory H. Woods on 4/17/2017) (anc) (Entered: 04/17/2017)
SUMMONS RETURNED EXECUTED. St. Regis New York Management, Inc. served on 3/30/2017, answer due 4/20/2017; St. Regis Residence Club, New York, Inc. served on 3/30/2017, answer due 4/20/2017; Vistana Signature Experiences, Inc. served on 3/30/2017, answer due 4/20/2017; Vistana Vacation Ownership, Inc. served on 3/30/2017, answer due 4/20/2017. Service was accepted by Sara Lee. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) (Entered: 04/03/2017)
ELECTRONIC SUMMONS ISSUED as to Interval Leisure Group, Inc., Marriott International, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Starwood Hotels & Resorts Worldwide, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (pc) (Entered: 03/29/2017)
REQUEST FOR ISSUANCE OF SUMMONS as to VISTANA SIGNATURE EXPERIENCES, INC., VISTANA VACATION OWNERSHIP, INC., INTERVAL LEISURE GROUP, INC., STARWOOD HOTELS & RESORTS WORLDWIDE, INC., MARRIOTT INTERNATIONAL, INC., ST. REGIS RESIDENCE CLUB, NEW YORK, INC., ST. REGIS NEW YORK MANAGEMENT, INC., re: 4 Amended Complaint,,. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) (Entered: 03/28/2017)
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to VISTANA SIGNATURE EXPERIENCES, INC., VISTANA VACATION OWNERSHIP, INC., INTERVAL LEISURE GROUP, INC., STARWOOD HOTELS & RESORTS WORLDWIDE, INC., MARRIOTT INTERNATIONAL, INC., ST. REGIS RESIDENCE CLUB, NEW YORK, INC., ST. REGIS NEW YORK MANAGEMENT, INC., re: 4 Amended Complaint,,. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) Modified on 3/28/2017 (pc). (Entered: 03/27/2017)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 03/20/2017)
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc., Interval Leisure Group, Inc., Starwood Hotels & Resorts Worldwide, Inc., Marriott International, Inc., St. Regis Residence Club, New York, Inc., St. Regis New York Management, Inc., re: 4 Amended Complaint,,. Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. (Batson, James) Modified on 3/27/2017 (pc). (Entered: 03/16/2017)
FIRST AMENDED COMPLAINT amending 1 Complaint, against Interval Leisure Group, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc., Starwood Hotels & Resorts Worldwide, Inc., Marriott International, Inc..Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc.. Related document: 1 Complaint, filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 03/13/2017)
STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-9390 (GHW). Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 03/07/2017)
COMPLAINT against Interval Leisure Group, Inc., St. Regis New York Management, Inc., St. Regis Residence Club, New York, Inc., Vistana Signature Experiences, Inc., Vistana Vacation Ownership, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13361437)Document filed by The Fifth and Fifty-Fifth Residence Club Association, Inc..(Batson, James) (Entered: 02/27/2017)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Christopher V. Langone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13722156. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 5/10/2017. (Court Reporter Khris Sellin) (Daniels, Anthony)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 7 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): Caption title must exactly match the amended complaint caption title. Plaintiff's name is incorrect. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): Caption title must exactly match the amended complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney James Patrick Batson, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (kl)
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Patrick Batson. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 190 (Contract: Other); County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 370 (Other Fraud); the County code has been modified to New York. (kl)
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Patrick Batson. The party information for the following party/parties has been modified: Vistana Vacation Ownership, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)
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