| Court: | txnd |
| Docket #: | 3:16-cv-00713 |
| Case Name: | Ashford Hospitality Prime Inc v. Sessa Capital (Master) LP et al |
| PACER case #: | 270927 |
| Date filed: | 2016-03-14 |
| Date terminated: | 2017-02-17 |
| Assigned to: | Judge David C Godbey |
| Referred to: | Magistrate Judge David L Horan |
| Case Cause: | 28:1331 Fed. Question: Securities Violation |
| Nature of Suit: | 850 Other Statutes: Securities/Commodities/Exchange |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Ashford Hospitality Prime Inc Plaintiff |
Matthew G Nielsen Bradley W Foster Ellen Halstead James C Bookhout Jared J Stanisci Jonathan M Hoff Martin L. Seidel Nathan M Bull William J Natbony |
| Sessa Capital (Master) LP Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Sessa Capital GP LLC Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Sessa Capital IM LP Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Sessa Capital IM GP LLC Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| John E Petry Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Philip B Livingston Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Lawrence A Cunningham Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Daniel B Silvers Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Chris D Wheeler Defendant |
Paul Joseph Skiermont Eliot James Walker Glen Eric Summers John David Byars John McCaskill Hughes Joseph William Doman Nosson D Knobloch Shellie Stephens |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-03-14 | 1 | 0 | NOTICE OF REMOVAL from 44th Judicial District Court, Dallas County, case number DC-16-02738 filed by John E Petry, Sessa Capital GP LLC, Philip B Livingston, Daniel B Silvers, Sessa Capital (Master) LP, Lawrence A Cunningham, Sessa Capital IM LP ., Chris D Wheeler, Sessa Capital IM GP LLC. (Filing fee $400; receipt number 0539-7441667) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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 and Instructions 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 Cover Sheet, # 2 Cover Sheet Supplement, # 3 Exhibit(s) State Court Docket Sheet, # 4 Exhibit(s) Index to all State Court Filings, # 5 Exhibit(s) State Court filings part 1, # 6 Exhibit(s) State Court Filings part 2, # 7 Exhibit(s) State Court Filings - State Court civil information sheet) (Skiermont, Paul) Modified text/party name on 3/14/2016 (ykp). (Entered: 03/14/2016) | 2016-03-15 01:13:50 | 546a2f049c503457868089253e64099f446822be | |
| 2016-03-14 | 2 | 0 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sessa Capital IM L.P., Sessa Capital IM GP LLC, Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Daniel B Silvers, Chris D Wheeler. (Skiermont, Paul) Modified text/party name on 3/14/2016 (ykp). (Entered: 03/14/2016) | |||
| 2016-03-14 | 3 | 0 | NOTICE of Related Case (Case No. 3:16-cv-00527-N) filed by Sessa Capital IM L.P., Sessa Capital IM GP LLC, Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Daniel B Silvers, Chris D Wheeler (Skiermont, Paul) Modified text/party name on 3/14/2016 (ykp). (Entered: 03/14/2016) | |||
| 2016-03-14 | 4 | 0 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 03/14/2016) | |||
| 2016-03-18 | 5 | 0 | MOTION for Discovery Expedited and for Alternative Briefing Schedule filed by Ashford Hospitality Prime Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A - Ashford's Requests for Production to Defendants, # 2 Proposed Order) (Nielsen, Matthew) (Entered: 03/18/2016) | |||
| 2016-03-21 | 6 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jared Jon Stanisci (Filing fee $25; Receipt number 0539-7458257) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 03/21/2016) | |||
| 2016-03-21 | 7 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Martin L. Seidel (Filing fee $25; Receipt number 0539-7458270) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 03/21/2016) | |||
| 2016-03-21 | 8 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nathan M. Bull (Filing fee $25; Receipt number 0539-7458281) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 03/21/2016) | |||
| 2016-03-21 | 9 | 0 | RESPONSE filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler re: 5 MOTION for Discovery Expedited and for Alternative Briefing Schedule (Skiermont, Paul) (Entered: 03/21/2016) | |||
| 2016-03-22 | 10 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7460044) filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Summers, Glen) (Entered: 03/22/2016) | |||
| 2016-03-22 | 11 | 0 | NOTICE of Attorney Appearance by Shellie Stephens on behalf of Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. (Filer confirms contact info in ECF is current.) (Stephens, Shellie) (Entered: 03/22/2016) | |||
| 2016-03-22 | 12 | 0 | NOTICE of Attorney Appearance by Eliot James Walker on behalf of Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. (Filer confirms contact info in ECF is current.) (Walker, Eliot) (Entered: 03/22/2016) | |||
| 2016-03-22 | 13 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7460894) filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Doman, Joseph) (Entered: 03/22/2016) | |||
| 2016-03-23 | 14 | 0 | Request for Clerk to issue Summons filed by Ashford Hospitality Prime Inc. (Nielsen, Matthew) (Entered: 03/23/2016) | |||
| 2016-03-23 | 15 | 0 | REPLY filed by Ashford Hospitality Prime Inc re: 5 MOTION for Discovery Expedited and for Alternative Briefing Schedule (Nielsen, Matthew) (Entered: 03/23/2016) | |||
| 2016-03-23 | 16 | 0 | Summons Issued as to Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. (trk) (Entered: 03/23/2016) | |||
| 2016-03-23 | 17 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7463203) filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Byars, John) (Entered: 03/23/2016) | |||
| 2016-03-23 | 18 | 0 | MOTION for Leave to File Surreply Regarding Ashford Primes Motion For Expedited Discovery And Alternative Briefing Schedule filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Attachments: # 1 Exhibit(s) Defendant's Proposed Surreply Regarding Ashford Primes Motion For Expedited Discovery And Alternative Briefing Schedule, # 2 Proposed Order) (Skiermont, Paul) (Entered: 03/23/2016) | |||
| 2016-03-23 | 19 | 0 | **DISREGARD - SEE DOCUMENT 20 FOR CORRECT PDF** RESPONSE AND OBJECTION filed by Ashford Hospitality Prime Inc re: 18 MOTION for Leave to File Surreply Regarding Ashford Primes Motion For Expedited Discovery And Alternative Briefing Schedule (Nielsen, Matthew) Modified text per atty request on 3/24/2016 (mem). (Entered: 03/23/2016) | |||
| 2016-03-24 | 20 | 0 | RESPONSE filed by Ashford Hospitality Prime Inc re: 18 MOTION for Leave to File Surreply Regarding Ashford Primes Motion For Expedited Discovery And Alternative Briefing Schedule (Nielsen, Matthew) (Entered: 03/24/2016) | |||
| 2016-03-25 | 21 | 0 | ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Jared Jon Stanisci. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 3/25/2016) (chmb) (Entered: 03/25/2016) | |||
| 2016-03-25 | 22 | 0 | ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of Martin L. Seidel. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 3/25/2016) (chmb) (Entered: 03/25/2016) | |||
| 2016-03-25 | 23 | 0 | ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Nathan M. Bull. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 3/25/2016) (chmb) (Entered: 03/25/2016) | |||
| 2016-03-25 | 24 | 0 | ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Glenn E. Summers. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 3/25/2016) (chmb) (Entered: 03/25/2016) | |||
| 2016-03-25 | 25 | 0 | ELECTRONIC ORDER granting 13 Application for Admission Pro Hac Vice of Joseph W. Doman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 3/25/2016) (chmb) (Entered: 03/25/2016) | |||
| 2016-03-25 | 26 | 0 | ELECTRONIC ORDER granting 17 Application for Admission Pro Hac Vice of John D. Byars. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 3/25/2016) (chmb) (Entered: 03/25/2016) | |||
| 2016-03-27 | 27 | 0 | MOTION for Leave to File Supplemental Brief and Declaration of John Petry in Opposition to Ashford Prime's Motion for Expedited Discovery and Alternate Briefing Schedule filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Skiermont, Paul) (Entered: 03/27/2016) | |||
| 2016-03-28 | 28 | 0 | ADDITIONAL ATTACHMENTS to 27 Motion for Leave to File, by Defendants Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. (Attachments: # 1 Exhibit(s) Petry Declaration) (Skiermont, Paul) (Entered: 03/28/2016) | |||
| 2016-03-28 | 29 | 0 | RESPONSE AND OBJECTION filed by Ashford Hospitality Prime Inc re: 27 MOTION for Leave to File Supplemental Brief and Petry Declaration in opposition to Ashford Prime's Motion for Expedited Discovery and Alternate Briefing Schedule (Attachments: # 1 Exhibit(s) A - Ashford Prime Charter) (Nielsen, Matthew) (Entered: 03/28/2016) | |||
| 2016-03-29 | 30 | 0 | REPLY filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler re: 27 MOTION for Leave to File Supplemental Brief and Petry Decl. in opposition to Ashford Prime's Motion for Expedited Discovery and Alternate Briefing Schedule (Skiermont, Paul) (Entered: 03/29/2016) | |||
| 2016-03-30 | 31 | 0 | ELECTRONIC ORDER denying 18 Motion for Leave to File Surreply. (Ordered by Judge David C Godbey on 3/30/2016) (chmb) (Entered: 03/30/2016) | |||
| 2016-03-30 | 32 | 0 | ELECTRONIC ORDER denying 27 Motion for Leave to File Supplemental Brief. (Ordered by Judge David C Godbey on 3/30/2016) (chmb) (Entered: 03/30/2016) | |||
| 2016-03-31 | 33 | 0 | ANSWER to Complaint filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Skiermont, Paul) (Entered: 03/31/2016) | |||
| 2016-04-01 | 34 | 0 | ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference. (Ordered by Judge David C Godbey on 4/1/2016) (ykp) (Entered: 04/01/2016) | |||
| 2016-04-02 | 35 | 0 | AMENDED DOCUMENT by John E Petry, Sessa Capital GP LLC, Philip B Livingston, Daniel B Silvers, Sessa Capital (Master) LP, Lawrence A Cunningham, Sessa Capital IM LP, Chris D Wheeler, Sessa Capital IM GP LLC. Amendment to 1 Notice of Removal (Amended Notice of Removal). (Skiermont, Paul) (Entered: 04/02/2016) | |||
| 2016-04-06 | 36 | 0 | ORDER re: 5 Plaintiff's Expedited Motion for Expedited Discovery and Alternative Briefing Schedule. The Court consolidates the briefing and discovery schedules of this case and the Related Case (3:16-CV-00527-N). Accordingly, the Court establishes the following consolidated briefing and discovery schedule: Consolidated Briefing and Discovery Schedule: Written discovery commences as of the date of this Order. April 13 - Ashford Prime's motion for preliminary injunction together with any supporting evidence; also Sessa Capital may file any additional evidence in support of the motion for preliminary injunction in the Related Case; April 18 - depositions begin; Apri1 29 - discovery ends; May 4 - Sessa Capital's response together with any supporting evidence; also Ashford Capital may file any additional evidence in support of its response in the Related Case; May 9 - replies in both cases. (Ordered by Judge David C Godbey on 4/6/2016) (axm) (Entered: 04/06/2016) | |||
| 2016-04-13 | 37 | 0 | MOTION for Injunction (Preliminary) filed by Ashford Hospitality Prime Inc (Attachments: # 1 Proposed Order) (Nielsen, Matthew) (Entered: 04/13/2016) | |||
| 2016-04-13 | 38 | 0 | Brief/Memorandum in Support filed by Ashford Hospitality Prime Inc re 37 MOTION for Injunction (Preliminary) (Attachments: # 1 Appendix Index and App. 1-171, # 2 App. 172-343, # 3 App.344-514, # 4 App.515-686) (Nielsen, Matthew) (Entered: 04/13/2016) | |||
| 2016-04-20 | 39 | 0 | Joint MOTION for Protective Order (Agreed) filed by Ashford Hospitality Prime Inc, Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Attachments: # 1 Proposed Order (Proposed Protective Order as Agreed to by All Parties), # 2 Proposed Order (Agreed Protective Order Blacklined to the Court's Standard Protective Order)) (Skiermont, Paul) (Entered: 04/20/2016) | |||
| 2016-04-20 | 40 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7526093) filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Hughes, John) (Entered: 04/20/2016) | |||
| 2016-04-20 | 41 | 0 | PROTECTIVE ORDER. (Ordered by Judge David C Godbey on 4/20/2016) (trk) (Entered: 04/20/2016) | |||
| 2016-04-22 | 42 | 0 | Emergency MOTION to Compel Production filed by Sessa Capital (Master) LP with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Appendix in Support of Emergency Motion to Compel) (Skiermont, Paul) (Entered: 04/22/2016) | |||
| 2016-04-22 | 43 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7533117) filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Knobloch, Nosson) (Entered: 04/22/2016) | |||
| 2016-04-22 | 44 | 0 | ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Telephone Conference held on 4/22/2016 re: 42 Emergency MOTION to Compel Production. Order to Enter. Attorney Appearances: Plaintiff - Matthew G Nielsen; Defense - Glen Eric Summers, John David Byars. (Court Reporter: Digital File) (No exhibits) Time in Court - :55. (mcrd) (Entered: 04/22/2016) | |||
| 2016-04-22 | 45 | 0 | ELECTRONIC ORDER: For the reasons and to the extent explained on the telephonic oral argument held with counsel on April 22, 2016, the Court GRANTS in part and DENIES in part Defendant Sessa Capital (Master), L.P.'s Emergency Motion to Compel Production 42 as follows: (1) the Ashford parties must produce, no later than 10 a.m. Central on Monday, April 25, 2016, in response to RFP Nos. 1 and 3, director questionnaires from January 1, 2013 through December 31, 2014 and, in response to RFP No. 6, communications between (a) the company and (b) the New York Stock Exchange or the Securities and Exchange Commission regarding the Series C Preferred Stock; (2) the motion to compel is withdrawn as to RFP Nos. 7 and 13 and denied as to RFP No. 10 and Defendant's request to declare all of the Ashford parties' objections waived as untimely; and (3) the Ashford parties must serve, in compliance with Federal Rule of Civil Procedure 26(b)(5), a privilege log as to all documents or electronically served information withheld on the basis of privilege or work-product protection by 10 a.m. on Wednesday, April 27, 2016. (Ordered by Magistrate Judge David L. Horan on 4/22/2016.) (Entered: 04/22/2016) | |||
| 2016-04-24 | 46 | 0 | Emergency MOTION to Compel filed by Ashford Hospitality Prime Inc. (Attachments: # 1 Exhibit(s) Appendix in Support of Emergency Motion to Compel) (Nielsen, Matthew) Modified text on 4/25/2016 (trk). (Entered: 04/24/2016) | |||
| 2016-04-25 | 47 | 0 | ELECTRONIC ORDER: As a supplement to the Court April 22, 2016 Electronic Order 45 , the Court further orders that, pursuant to Federal Rule of Civil Procedure 37(a)(5), all parties will bear their own costs and fees in connection with Defendant Sessa Capital (Master), L.P.'s Emergency Motion to Compel Production 50 . Further, any written response to Plaintiff and Counterclaim Defendant Ashford Hospitality Prime, Inc. and Third-Party Defendants Douglas A. Kessler, Stefani D. Carter, Curtis B. McWilliams, W. Michael Murphy, Matthew D. Rinaldi, and Andrew Strong's Emergency Motion to Compel 46 must be filed by Monday, April 25, 2016 at 12:30 p.m. Central, and the undersigned will hear telephonic oral argument on the motion on April 25, 2016 at 3:00 p.m. or as soon thereafter as his criminal docket. (Ordered by Magistrate Judge David L. Horan on 4/25/2016.) (Entered: 04/25/2016) | |||
| 2016-04-25 | 48 | 0 | ELECTRONIC ORDER granting 40 Application for Admission Pro Hac Vice of John M. Hughes. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 4/25/2016) (chmb) (Entered: 04/25/2016) | |||
| 2016-04-25 | 49 | 0 | RESPONSE filed by Sessa Capital (Master) LP re: 46 Emergency MOTION to Compel (Attachments: # 1 Exhibit(s) Appendix to Opposition to Motion to Compel) (Skiermont, Paul) (Entered: 04/25/2016) | |||
| 2016-04-25 | 50 | 0 | Emergency MOTION to Compel (Second) filed by Sessa Capital (Master) LP (Attachments: # 1 Exhibit(s) Appendix in Support of Motion to Compel) (Skiermont, Paul) (Entered: 04/25/2016) | |||
| 2016-04-25 | 51 | 0 | ELECTRONIC ORDER: The Court will hear telephonic oral argument on Defendants' second Emergency Motion to Compel 50 on April 25, 2016 at 3:00 p.m. or as soon thereafter as his criminal docket in conjunction with the oral argument on Plaintiff and Counterclaim Defendant Ashford Hospitality Prime, Inc. and Third-Party Defendants Douglas A. Kessler, Stefani D. Carter, Curtis B. McWilliams, W. Michael Murphy, Matthew D. Rinaldi, and Andrew Strong's Emergency Motion to Compel 50 . (Ordered by Magistrate Judge David L. Horan on 4/25/2016.) (Entered: 04/25/2016) | |||
| 2016-04-25 | 52 | 0 | ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Motion Hearing held on 4/25/2016 re 46 Emergency Motion to Compel filed by Ashford Hospitality Prime Inc, 50 Motion to Compel filed by Sessa Capital (Master) LP. Order to Enter. Attorney Appearances: Plaintiff - Martin L. Seidel, Nathan M Bull, Jared J Stanisci, James Clark Bookhout; Defense - Glen Eric Summers, John David Byars, Joseph William Doman. (Court Reporter: Digital File) (No exhibits) Time in Court - 01:17. (mcrd) (Entered: 04/25/2016) | |||
| 2016-04-25 | 53 | 0 | ELECTRONIC ORDER: For the reasons explained on the telephonic oral argument held with counsel on April 25, 2016, the Court DENIES 46 Plaintiff and Counterclaim Defendant Ashford Hospitality Prime, Inc. and Third-Party Defendants Douglas A. Kessler, Stefani D. Carter, Curtis B. McWilliams, W. Michael Murphy, Matthew D. Rinaldi, and Andrew Strong's Emergency Motion to Compel and determines that, pursuant to Federal Rule of Civil Procedure 37(a)(5), all parties will bear their own costs and fees in connection with the motion. (Ordered by Magistrate Judge David L. Horan on 4/25/2016.) (Entered: 04/25/2016) | |||
| 2016-04-25 | 54 | 0 | ELECTRONIC ORDER: For the reasons and to the extent explained on the telephonic oral argument held with counsel on April 25, 2016, the Court GRANTS in part and DENIES in part 50 Defendants' second Emergency Motion to Compel. Plaintiffs are ordered to produce the talking points used by Jonathan Kaye of Moelis at the March 24, 2016 meeting with Sessa, to the extent that that document is in Plaintiffs' possession, custody, or control, by 5:00 p.m. Central on April 26, 2016. The motion is otherwise denied, and, pursuant to Federal Rule of Civil Procedure 37(a)(5), all parties will bear their own costs and fees in connection with the motion. (Ordered by Magistrate Judge David L. Horan on 4/25/2016.) (Entered: 04/25/2016) | |||
| 2016-04-26 | 55 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ellen M. Halstead (Filing fee $25; Receipt number 0539-7540412) filed by Ashford Hospitality Prime Inc (Attachments: # 1 Certificate of Good Standing) (Nielsen, Matthew) (Entered: 04/26/2016) | |||
| 2016-04-26 | 56 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney William J. Natbony (Filing fee $25; Receipt number 0539-7540415) filed by Ashford Hospitality Prime Inc (Attachments: # 1 Certificate of Good Standing) (Nielsen, Matthew) (Entered: 04/26/2016) | |||
| 2016-04-26 | 57 | 0 | Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan M. Hoff (Filing fee $25; Receipt number 0539-7540418) filed by Ashford Hospitality Prime Inc (Attachments: # 1 Certificate of Good Standing) (Nielsen, Matthew) (Entered: 04/26/2016) | |||
| 2016-04-27 | 58 | 0 | ***Please disregard. Case to be reassigned to Magistrate Judge Horan per Document 36 . ELECTRONIC ORDER REFERRING CASE to Magistrate Judge Irma Carrillo Ramirez for all discovery matters. (Ordered by Judge David C Godbey on 4/27/2016) (chmb) Modified on 4/27/2016 (gmg). (Entered: 04/27/2016) | |||
| 2016-04-28 | 59 | 0 | (Document Restricted) (Sealed) Defendants' Emergency Motion to Compel the Production of Documents (Sealed pursuant to order dated 4/20/2016) filed by Sessa Capital (Master) LP (Attachments: # 1 Exhibit(s) Appendix (Index to Exhibits), # 2 Exhibit(s) (Exhibits 1-4; App. pages 1-36)) (Skiermont, Paul) (Entered: 04/28/2016) | |||
| 2016-04-29 | 60 | 0 | ELECTRONIC ORDER: Defendants have filed an Emergency Motion to Compel the Production of Documents 59 . After reviewing the motion, the Court determines that the following expedited briefing schedule is most appropriate to facilitate this motion's prompt and efficient disposition. Plaintiffs must file a written response by 9:00 a.m. Central on May 2, 2016. The response should include a detailed affidavit or affidavits (or declarations) or other evidence to fully enable the Court to determine whether the documents that Defendants challenge are protected work product or attorney-client privileged communications as to which the privilege and/or protection have not been waived, including (without revealing any protected work product or privileged information) a detailed description of the documents in dispute and a statement of specific and precise reasons for Plaintiffs' claim of protection from disclosure as to each document based on the governing standards. Plaintiffs must be prepared on Monday, May 2, 2016 to provide the challenged documents to the Court for in camera review if -- but only if -- the Court so requests after reviewing the response. Unless the Court informs the parties otherwise, the Court will rule on the motion without a hearing, oral argument, or reply. Plaintiffs should be prepared to produce any documents or electronically stored information at issue in the motion by as early as the morning of May 3, 2016 if the Court grants the motion in whole or in part. (Ordered by Magistrate Judge David L. Horan on 4/29/2016.) (Entered: 04/29/2016) | |||
| 2016-04-29 | 61 | 0 | Joint STATUS REPORT filed by Ashford Hospitality Prime Inc, Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. (Nielsen, Matthew) (Entered: 04/29/2016) | |||
| 2016-05-02 | 62 | 0 | RESPONSE AND OBJECTION filed by Ashford Hospitality Prime Inc re: 59 (Document Restricted) (Sealed) Defendants' Emergency Motion to Compel the Production of Documents (Sealed pursuant to order dated 4/20/2016) (Attachments: # 1 Declaration(s) of David Brooks) (Nielsen, Matthew) (Entered: 05/02/2016) | |||
| 2016-05-02 | 63 | 0 | ELECTRONIC ORDER: Plaintiffs must, by 10:30 a.m. Central on May 2, 2016, file a copy of Plaintiff's privilege log as a supplement to their response to Defendants' Emergency Motion to Compel the Production of Documents 59 . (Ordered by Magistrate Judge David L. Horan on 5/2/2016.) (Entered: 05/02/2016) | |||
| 2016-05-02 | 64 | 0 | (Document Restricted) Sealed Privilege Log of Ashford Prime/Third Party Defendants (Sealed pursuant to order dated 4/20/2016) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 05/02/2016) | |||
| 2016-05-02 | 65 | 0 | ELECTRONIC ORDER granting 43 Application for Admission Pro Hac Vice of Nosson D. Knobloch. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 5/2/2016) (chmb) (Entered: 05/02/2016) | |||
| 2016-05-02 | 66 | 0 | ELECTRONIC ORDER granting 55 Application for Admission Pro Hac Vice of Ellen M. Halstead. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 5/2/2016) (chmb) (Entered: 05/02/2016) | |||
| 2016-05-02 | 67 | 0 | ELECTRONIC ORDER granting 56 Application for Admission Pro Hac Vice of William J. Natbony. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 5/2/2016) (chmb) (Entered: 05/02/2016) | |||
| 2016-05-02 | 68 | 0 | ELECTRONIC ORDER granting 57 Application for Admission Pro Hac Vice of Jonathan M. Hoff. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge David C Godbey on 5/2/2016) (chmb) (Entered: 05/02/2016) | |||
| 2016-05-02 | 69 | 0 | ELECTRONIC ORDER: The Court DENIES in part and GRANTS in part Defendants' Emergency Motion to Compel the Production of Documents 59 . The motion is denied as moot as to the board materials at issue and correspondence with Notre Dame based on Plaintiffs' representation that Plaintiffs have produced all the documents that Defendants seek regarding board meetings and minutes as well as correspondence with Notre Dame. The motion is denied as to the documents reflected in privilege log entries 18, 98, 127, 963, 971, 1082, 1083, 1084, 1085, 1139, 1308, and 1309 because Plaintiffs represent, and the Declaration of David Brooks explains, that those documents are not in fact responsive to Defendants' document requests.The motion is moot as to the documents reflected in privilege log entries 33, 77, 140, 164, 217, 226, 281, 311, 366, 414, and 1350 because Plaintiffs report that they have produced those documents. After carefully reviewing the parties' filings, the Court determines that Plaintiffs have established, through the Declaration of David Brooks and (as necessary and appropriate) an in camera review of some of the documents, that certain of the remaining 44 documents at issue are protected from disclosure, either entirely or with redactions, by the attorney-client privilege and/or work-product protection -- specifically, those reflected in privilege log entries 36, 108, 121, 123, 146, 148, 176, 178, 180, 183, 215, 327, 350, 500, 1050, 1051, 1052, 1053, 1070, 1071, 1136, 1164, 1165, 1168, 1169, 1170, 1172, 1173, 1190, 1248, 1346, 1347, 1841, 1853, 1867, 1882, and 1979. The Court denies the motion as to those documents as to any challenge to Plaintiffs withholding or redactions based on attorney-client privilege and/or work-product protection. After carefully reviewing the parties' filings, including conducting an in camera review as to certain of these documents, the Court determines that Plaintiffs have not established the existence and applicability of a so-called business strategy or white knight privilege or immunity under governing law in this case and cannot redact (or entirely withhold) portions of the documents reflected in privilege log entries 36, 109, 183, 249, 280, and 991 based on an assertion that those portions, while not attorney work product or attorney-client privileged communications, constitute proprietary, confidential strategic discussions. The Court grants the motion as to those portions of those documents, which portions must be produced unredacted.After carefully reviewing the parties' filings, including conducting an in camera review, the Court determines that Plaintiffs have not established that the documents reflected in privilege log entries 11 and 12 are protected from disclosure, either entirely or with redactions, by the attorney-client privilege and/or work-product protection. Specifically, Plaintiffs have failed to meet their burden to establish that draft board meeting minutes contain legal analysis and attorney work product simply because they were prepared by outside counsel. The Court grants the motion as to those documents. After carefully reviewing the parties' filings, including conducting an in camera review, the Court determines that Plaintiffs have not established that the document reflected in privilege log entries 244, 249, and 280 are protected from disclosure by the attorney-client privilege or work-product protection. The Court grants the motion as to those documents. After carefully reviewing the parties' filings, including conducting an in camera review, the Court determines that Plaintiffs have not established that the documents reflected in privilege log entries 109 and 991 are protected from disclosure in their entirety by the attorney-client privilege and/or work-product protection. Rather, the document logged as entry 109 must be reproduced with redaction of only the email to Mr. Brooks and not the emails being forwarded to Mr. Brooks, and the document logged as entry 991 must be reproduced with redaction only of the draft questions and responses that reflect legal advice, legal analysis, and work product. The Court accordingly grants the motion in part as to these documents. All documents required by this order to be produced or reproduced must be produced by 9:00 a.m. Central on May 3, 2016. Pursuant to Federal Rule of Civil Procedure 37(a)(5), all parties will bear their own costs and fees in connection with Defendants' Emergency Motion to Compel the Production of Documents 59 . (Ordered by Magistrate Judge David L. Horan on 5/2/2016.) (Entered: 05/02/2016) | |||
| 2016-05-04 | 70 | 0 | RESPONSE filed by Sessa Capital (Master) LP re: 37 MOTION for Injunction (Preliminary) (Skiermont, Paul) (Entered: 05/04/2016) | |||
| 2016-05-04 | 71 | 0 | ADDITIONAL ATTACHMENTS to 70 Response/Objection by Defendant Sessa Capital (Master) LP. (Attachments: # 1 Affidavit(s) Silvers Affidavit in support of Motion, # 2 Affidavit(s) Doman affidavit in support of motion) (Skiermont, Paul) (Entered: 05/04/2016) | |||
| 2016-05-05 | 72 | 0 | ADDITIONAL ATTACHMENTS to 70 Response/Objection by Defendant Sessa Capital (Master) LP. (Attachments: # 1 Exhibit(s) 10-13, # 2 Exhibit(s) 14-20) (Skiermont, Paul) (Entered: 05/05/2016) | |||
| 2016-05-05 | 73 | 0 | ADDITIONAL ATTACHMENTS to 70 Response/Objection by Defendant Sessa Capital (Master) LP. (Attachments: # 1 Exhibit(s) 42-45) (Skiermont, Paul) (Entered: 05/05/2016) | |||
| 2016-05-05 | 74 | 0 | ADDITIONAL ATTACHMENTS to 70 Response/Objection by Defendant Sessa Capital (Master) LP. (Attachments: # 1 Exhibit(s) 46, part 2, # 2 Exhibit(s) 46, part 3, # 3 Exhibit(s) 47-48) (Skiermont, Paul) (Entered: 05/05/2016) | |||
| 2016-05-05 | 75 | 0 | ADDITIONAL ATTACHMENTS to 70 Response/Objection by Defendant Sessa Capital (Master) LP. (Attachments: # 1 Exhibit(s) 28 - 33) (Skiermont, Paul) (Entered: 05/05/2016) | |||
| 2016-05-05 | 76 | 0 | AMENDED DOCUMENT by Sessa Capital (Master) LP. Amendment to 70 Response/Objection. . (Attachments: # 1 Affidavit(s) (Amended) Of Joseph Doman, # 2 Exhibit(s) (Amended Ex. 3; App. 86-107), # 3 Exhibit(s) (Amended Ex. 32; App. 846-876)) (Skiermont, Paul) (Entered: 05/05/2016) | |||
| 2016-05-09 | 77 | 0 | REPLY filed by Ashford Hospitality Prime Inc, in support of its 37 MOTION for Injunction (Preliminary) (Attachments: # 1 Appendix Index, # 2 App. 1-380, # 3 App. 381-658) (Nielsen, Matthew) Modified docket text on 5/10/2016 (ran). (Entered: 05/09/2016) | |||
| 2016-05-11 | 78 | 0 | ELECTRONIC Minute Entry for proceedings held before Judge David C Godbey: Motion Hearing held on 5/11/2016 re 37 Motion for Injunction filed by Ashford Hospitality Prime Inc. re: 37 MOTION for Injunction (Preliminary) Attorney Appearances: Plaintiff - Martin Seidel, Matthew Nielsen and James Nelson; Defense - Glen Summers, John Hughes, John Byars, Joseph Doman and Shellie Stephens. (Court Reporter: Linda Langford) (No exhibits) Time in Court - :30. (chmb) (Entered: 05/11/2016) | |||
| 2016-05-11 | 79 | 0 | Notice of Filing of Official Electronic Transcript of Motion for Preliminary Injunction Proceedings held on 05/11/2016 before Judge David C. Godbey. Court Reporter/Transcriber, Linda J. Langford, email: lindajrob@aol.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (50 pages) Redaction Request due 6/1/2016. Redacted Transcript Deadline set for 6/13/2016. Release of Transcript Restriction set for 8/9/2016. (ljr) (Entered: 05/11/2016) | |||
| 2016-05-13 | 80 | 0 | NOTICE of Efforts to Schedule Settlement Meeting filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 05/13/2016) | |||
| 2016-05-13 | 81 | 0 | NOTICE of the Sessa Parties' Status Report Responding to Questions from the Court at Oral Argument filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler (Attachments: # 1 Exhibit(s) A: Sessa Capital Presentation to Shareholders) (Skiermont, Paul) (Entered: 05/13/2016) | |||
| 2016-05-19 | 82 | 0 | NOTICE of Ashford Prime's Public Announcement of Receptivity to Settlement filed by Ashford Hospitality Prime Inc (Attachments: # 1 Exhibit(s) A) (Nielsen, Matthew) (Entered: 05/19/2016) | |||
| 2016-05-20 | 83 | 0 | ORDER denying Sessa's (12) Motion for Preliminary Injunction, denying as moot Sessa's (86) Motion to Amend Scope of Relief in Sessa's Motion for Preliminary Injunction in case 3:16-cv-00527-N-BN; granting (37) Ashford Prime's Motion for Preliminary Injunction in case 3:16-cv-00713-N-BN. (Ordered by Judge David C Godbey on 5/20/2016) (axm) (Entered: 05/20/2016) | |||
| 2016-05-23 | 84 | 0 | NOTICE OF INTERLOCUTORY APPEAL as to 83 Order on Motion for Preliminary Injunction and Motion to Expand the Scope of Relief in Sessa Capitals Motion for Preliminary Injunction to the Fifth Circuit by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler. Filing fee $505, receipt number 0539-7598728. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Skiermont, Paul) (Entered: 05/23/2016) | |||
| 2016-05-26 | 85 | 0 | Received letter from USCA5: USCA5 has granted the motions of appellants to consolidate cases 16-10671 (3:16-cv-527) and 16-10672 (3:16-cv-713). (axm) (Entered: 05/27/2016) | |||
| 2016-06-01 | 86 | 0 | Transcript Order Form: re 84 Notice of Appeal, transcript requested by Sessa Capital (Master) LP for Preliminary Injunction Hearing held May 11, 2016 Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. (Court Reporter: Linda Langford.) (Skiermont, Paul) (Entered: 06/01/2016) | |||
| 2016-06-02 | 87 | 0 | ORDER of USCA as to 84 Notice of Appeal filed by Daniel B Silvers, Sessa Capital (Master) LP, Chris D Wheeler, Sessa Capital IM GP LLC, Philip B Livingston, John E Petry, Sessa Capital IM LP, Lawrence A Cunningham, Sessa Capital GP LLC. Appellants' motion for injunction pending appeal and for stay pending appeal and to expedite the appeal and to expedite the ruling on the motion is DENIED except that the appeal is EXPEDITED. (axm) (Entered: 06/02/2016) | |||
| 2016-06-28 | 88 | 0 | MOTION for Contempt for Violation of Preliminary Injunction filed by Ashford Hospitality Prime Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Index to Appendix in Support of Motion for Contempt, # 2 Exhibit(s) Appendix in Support of Motion for Contempt, # 3 Proposed Order Granting Motion for Contempt) (Nielsen, Matthew) Modified text on 6/29/2016 (axm). (Entered: 06/28/2016) | |||
| 2016-07-19 | 89 | 0 | RESPONSE filed by Sessa Capital (Master) LP re: 88 MOTION for Contempt for Violation of Preliminary Injunction MOTION for Sanctions (Attachments: # 1 Exhibit(s) Appendix in Support of Opposition to Motion for Contempt) (Skiermont, Paul) (Entered: 07/19/2016) | |||
| 2016-07-29 | 90 | 0 | ORDER GRANTING MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL (See Case 3:16-cv-527 #127): James R. Nelson, David Clarke, Jr., James D. Mathias and John R. Wellschlager of DLA Piper LLP (US) are hereby permitted to withdraw as counsel of record for Ashford Advisors and Bennett in the above-referenced matter; and Weston C. Loegering, Thomas F. Allen, Jr., and Evan P. Singer of Jones Day are hereby substituted as counsel of record for Ashford Advisors and Bennett. (Ordered by Judge David C Godbey on 7/29/2016) (epm) (Entered: 07/29/2016) | |||
| 2016-08-02 | 91 | 0 | REPLY filed by Ashford Hospitality Prime Inc re: 88 MOTION for Contempt for Violation of Preliminary Injunction MOTION for Sanctions (Attachments: # 1 Exhibit(s) Appendix In Support of Reply Exhibits A-B) (Nielsen, Matthew) (Entered: 08/02/2016) | |||
| 2016-08-12 | 92 | 0 | Notice of Filing of Official Electronic Transcript of Motions to Compel Proceedings held on 04/25/2016 before Judge David L. Horan. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (46 pages). Redaction Request due 9/2/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/10/2016. (Rehling, Kathy) (Entered: 08/12/2016) | |||
| 2016-08-12 | 93 | 0 | MOTION to Consolidate Cases filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Skiermont, Paul) (Entered: 08/12/2016) | |||
| 2016-09-02 | 94 | 0 | RESPONSE filed by Ashford Hospitality Prime Inc re: 93 MOTION to Consolidate Cases and Memorandum of Law in Support (Nielsen, Matthew) (Entered: 09/02/2016) | |||
| 2016-09-16 | 95 | 0 | REPLY filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler re: 93 MOTION to Consolidate Cases and Memorandum of Law in Support (Skiermont, Paul) (Entered: 09/16/2016) | |||
| 2016-09-23 | 96 | 0 | MOTION to Compel And Brief In Support filed by Ashford Hospitality Prime Inc with Brief/Memorandum in Support. (Nielsen, Matthew) (Entered: 09/23/2016) | |||
| 2016-09-23 | 97 | 0 | (Document Restricted) Sealed Appendix in Support re: 96 Motion to Compel (Sealed pursuant to order dated 4/20/2016) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 09/23/2016) | |||
| 2016-09-23 | 98 | 0 | Proposed Order for 96 Motion to Compel by Plaintiff Ashford Hospitality Prime Inc. (Nielsen, Matthew) Modified text on 9/26/2016 (sss). (Entered: 09/23/2016) | |||
| 2016-10-14 | 99 | 0 | RESPONSE AND OBJECTION filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler re: 96 MOTION to Compel And Brief In Support (Attachments: # 1 Appendix) (Skiermont, Paul) (Entered: 10/14/2016) | |||
| 2016-10-14 | 100 | 0 | Emergency MOTION to Stay Discovery filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Proposed Order) (Skiermont, Paul) (Entered: 10/14/2016) | |||
| 2016-10-17 | 101 | 0 | ORDER: Plaintiff Ashford Hospitality Prime Inc. ("Ashford") has three (3) days from the date of this Order to respond to Sessa's 100 motion. After Ashford files its response, Sessa has one (1) day to reply. (Ordered by Judge David C Godbey on 10/17/2016) (sss) (Entered: 10/17/2016) | |||
| 2016-10-20 | 102 | 0 | RESPONSE AND OBJECTION filed by Ashford Hospitality Prime Inc re: 100 Emergency MOTION to Stay Discovery (Attachments: # 1 Appendix) (Nielsen, Matthew) (Entered: 10/20/2016) | |||
| 2016-10-21 | 103 | 0 | REPLY filed by Lawrence A Cunningham, Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Sessa Capital GP LLC, Sessa Capital IM GP LLC, Sessa Capital IM LP, Daniel B Silvers, Chris D Wheeler re: 100 Emergency MOTION to Stay Discovery (Attachments: # 1 Appendix) (Skiermont, Paul) (Entered: 10/21/2016) | |||
| 2016-10-27 | 104 | 0 | ORDER re: 140 Motion to Stay in case 3:16-cv-00527-N; 100 Motion to Stay in case 3:16-cv-00713-N. The Court grants the motion as to the 202 Petition. It is, therefore, ordered that discovery in the 202 Petition is stayed pending further order of this Court. The Court also withholds determination of the motion as to Ashford II pending a ruling on Sessa's motion to consolidate. (Ordered by Judge David C Godbey on 10/27/2016) (epm) (Entered: 10/27/2016) | |||
| 2016-10-28 | 105 | 0 | REPLY filed by Ashford Hospitality Prime Inc re: 96 MOTION to Compel And Brief In Support (Attachments: # 1 Appendix) (Nielsen, Matthew) (Entered: 10/28/2016) | |||
| 2016-11-23 | 106 | 0 | Second MOTION for Sanctions filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 11/23/2016) | |||
| 2016-11-23 | 107 | 0 | (Document Restricted) Sealed Brief/Memorandum in Support re: 106 Motion for Sanctions (Sealed pursuant to order dated 4/20/2016) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 11/23/2016) | |||
| 2016-11-23 | 108 | 0 | (Document Restricted) Sealed Appendix in Support re: 107 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, 106 Motion for Sanctions (Sealed pursuant to order dated 4/20/2016) filed by Ashford Hospitality Prime Inc (Nielsen, Matthew) (Entered: 11/23/2016) | |||
| 2016-12-14 | 109 | 0 | RESPONSE filed by Philip B Livingston, John E Petry, Sessa Capital (Master) LP, Chris D Wheeler re: 106 Second MOTION for Sanctions (Attachments: # 1 Appendix) (Skiermont, Paul) (Entered: 12/14/2016) | |||
| 2016-12-14 | 110 | 0 | MOTION for Sanctions filed by Sessa Capital (Master) LP with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Proposed Order) (Skiermont, Paul) (Entered: 12/14/2016) | |||
| 2016-12-28 | 111 | 0 | REPLY filed by Ashford Hospitality Prime Inc re: 106 Second MOTION for Sanctions (Nielsen, Matthew) (Entered: 12/28/2016) | |||
| 2017-01-04 | 112 | 0 | RESPONSE AND OBJECTION filed by Ashford Hospitality Prime Inc re: 110 MOTION for Sanctions (Attachments: # 1 Appendix Index, # 2 Appendix App. 1 - App. 210, # 3 Appendix App. 211- App. 415) (Nielsen, Matthew) (Entered: 01/04/2017) | |||
| 2017-01-09 | 113 | 0 | Opinion of USCA in accordance with USCA judgment re 84 Notice of Appeal. This appeal relates only to the injunctive relief the parties sought concerning the election that was set to take place at the 6/10/2016 annual meeting. As that event has now occurred, this appeal of the district court's ruling on the requests for injunctive relief does not present a live controversy. The appeal is DISMISSED as moot. (axm) (Entered: 01/09/2017) | |||
| 2017-01-09 | 114 | 0 | JUDGMENT/MANDATE of USCA as to 84 Notice of Appeal. The appeal is dismissed as moot. Issued as Mandate: 1/9/2017. (axm) (Entered: 01/09/2017) | |||
| 2017-01-12 | 115 | 0 | USCA5 Bill of Cost. (axm) (Entered: 01/13/2017) | |||
| 2017-01-13 | 116 | 0 | ***PLEASE DISREGARD - Duplicate entry of document 115 *** USCA5 Bill of Cost. (axm) Modified on 1/13/2017 (axm). (Entered: 01/13/2017) | |||
| 2017-01-18 | 117 | 0 | REPLY filed by Sessa Capital (Master) LP re: 110 MOTION for Sanctions (Attachments: # 1 Appendix 63-83) (Skiermont, Paul) (Entered: 01/18/2017) | |||
| 2017-02-17 | 118 | 0 | ORDER: The Court grants in part and denies in part Sessa's motion to dismiss plaintiffs' amended complaint, grants the motions to dismiss Counts IV of Sessa's first amended counterclaims and third-party claims, denies Sessa's motion for leave to file a surreply, grants the motion to consolidate related cases, grants Ashford Prime's motion to compel, and denies the motions for sanctions. Ashford I is hereby consolidated with Ashford II. All pleadings, motions, or other papers from this point forward will be filed in Civil Action No. 3:16-CV-00527-N. The clerk of court shall administratively close 3:16-CV-00713-N for statistical purposes. (Ordered by Judge David C Godbey on 2/17/2017) (sss) (Entered: 02/17/2017) | |||
| 2017-02-24 | 119 | 0 | AGREED ORDER FOR RELEASE OF PRELIMINARY INJUNCTION BOND: The Court hereby ORDERS that the Bond and accrued interest be released to Ashford Hospitality Prime and directs the Clerk of the Court to release the Bond to Ashford Hospitality Prime and mail the check to Andrews Kurth Kenyon LLP, 1717 Main Street, Suite 3700, Dallas, Texas 75201, Attn: Debbie Reese. (Ordered by Judge David C Godbey on 2/24/2017) (sss) (Entered: 02/24/2017) |