Eisenberg v. Marriott International, Inc
| Nevada District Court | |
| Judge: | Richard F Boulware, II |
| Case #: | 2:25-cv-00208 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Jan 31, 2025 |
| Case in other court: | Eighth Judicial District Court, County of Clark, A-24-896237-C |
| Last checked: Monday Mar 17, 2025 3:33 AM PDT |
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Defendant
Marriott International, Inc.
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Represented By
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Plaintiff
Corey Eisenberg
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Represented By
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| Docket last updated: 05/07/2025 11:59 PM PDT |
| Thursday, April 10, 2025 | ||
| 24 | 24
notice
Notice Other
Mon 04/14 11:05 AM
NOTICE of Disassociation of Counsel and Change of Handling Attorney by Corey Eisenberg. Bridgette E. Foley, Esq. terminated. (AMMi) |
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| 23 | 23
misc
Declaration
Fri 04/11 10:22 AM
DECLARATION of Compliance by Hayley M. Price, Esq. re22 Order by Plaintiff Corey Eisenberg. (AMMi) |
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| Monday, April 07, 2025 | ||
| 22 | 22
1
pgs
order
Order
Mon 04/07 1:46 PM
ORDER. Attorney Price is again ORDERED to read the local rules in their entirety and file a declaration of compliance by April 14, 2025. Failure to comply with this order may result in the imposition of sanctions. The Nevada bar website identifies Attorney Price's email as hayley@bernsteinslaw.com. The Court INSTRUCTS the Clerk's Office to send a copy of this order and the earlier 18 order to Attorney Price at this email address. Signed by Magistrate Judge Nancy J. Koppe on 4/7/2025. (Copies have been distributed pursuant to the NEF - AMMi - cc: Attorney Price via email as ordered above) |
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| Tuesday, April 01, 2025 | ||
| 21 | 21
misc
QC Notice
Tue 04/01 3:06 PM
CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Brian L. Elstein is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (HAM) |
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| Friday, March 28, 2025 | ||
| 20 | 20
misc
Declaration
Fri 03/28 5:53 PM
DECLARATION re18 Order on Discovery Plan and Scheduling Order,,,,,,,,,,,,, by Defendant Marriott International, Inc..(Bown, Laura) |
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Att: 1
Certificate of Service
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| Monday, March 24, 2025 | ||
| 19 | 19
notice
Clerks Notice Assign District Judge to Civil Case
Mon 03/24 2:22 PM
CLERK'S NOTICE that this case is randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe for all further proceedings. (no image attached) (AMMi) |
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| 18 | 18
4
pgs
order
Order on Discovery Plan and Scheduling Order
Mon 03/24 2:18 PM
ORDER. Upon review of the parties'17 proposed discovery plan, the Court hereby ORDERS as follows: - The Clerk's Office is INSTRUCTED to remove this case from the magistrate judge consent program and to assign a United States District Judge. - Case management deadlines are SET as follows: Discovery due by 10/28/2025. Motions due by 12/1/2025. Proposed Joint Pretrial Order due by 12/29/2025. - Attorneys Hayley Price and Laura Brown are ORDERED to read the local rules in their entirety and to file a declaration of compliance by March 31, 2025. - As Attorney Price is not identified as counsel of record, Attorneys Brian Elstein and Brigette Elizabeth Foley-Peak must provide Attorney Price with a copy of this order. Signed by Magistrate Judge Nancy J. Koppe on 3/24/2025. NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - [LINK:www.nvd.uscourts.gov] . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form has been sent to parties not receiving electronic service.) (Copies have been distributed pursuant to the NEF - AMMi) |
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| Wednesday, March 19, 2025 | ||
| 17 | 17
motion
Discovery Plan and Scheduling Order
Wed 03/19 3:09 PM
Joint Proposed Discovery Plan and Scheduling Order re14 Order on Discovery Plan and Scheduling Order,,,,, by Defendant Marriott International, Inc..(Bown, Laura) |
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Att: 1
Exhibit Exhibit A - Plaintiff's email approving of draft discovery schedule,
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Att: 2
Exhibit Exhibit B - Defendant's Petition for Removal,
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Att: 3
Certificate of Service
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| Thursday, March 13, 2025 | ||
| 16 | 16
notice
Notice Change of Address
Thu 03/13 2:57 PM
NOTICE of Change of Address by Laura Bown. Address updated to 170 S. Green Valley Parkway, Suite 300 . (Bown, Laura) |
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Att: 1
Certificate of Service
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| Wednesday, March 12, 2025 | ||
| 15 | 15
1
pgs
order
Order
Thu 03/13 11:50 AM
ORDER. Attorney Brown must file a notice identifying her correct address by March 19, 2025. To the extent Attorney Brown's CMECF account is inaccurate, she must take immediate action to correct it. See, e.g., Local Rule IC 2-1(g). Signed by Magistrate Judge Nancy J. Koppe on 3/12/2025. (Copies have been distributed pursuant to the NEF - ALZ) |
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| 14 | 14
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pgs
order
Order on Discovery Plan and Scheduling Order
Wed 03/12 2:16 PM
ORDER. The Court identified for the parties the governing local rules and expressly required that the discovery plan had to be filed in conformance with those rules. Docket No.10 . The pending 12 discovery plan does not do so and is DENIED without prejudice. Plaintiff's counsel is ORDERED to contact defense counsel immediately by telephone. All counsel of record must read Local Rule 26-1(a) and 26-1(b) in their entirety, word-for-word. The parties are ORDERED to file a joint discovery plan in conformance with the local rules by March 19, 2025. Signed by Magistrate Judge Nancy J. Koppe on 3/12/2025. (Copies have been distributed pursuant to the NEF - AMMi) |
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| Tuesday, March 11, 2025 | ||
| 13 | 13
service
Certificate of Service
Tue 03/11 9:16 PM
CERTIFICATE OF SERVICE for12 Discovery Plan and Scheduling Order by Defendant Marriott International, Inc.. (Wulterin, Shayne) |
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| 12 | 12
motion
Discovery Plan and Scheduling Order
Tue 03/11 9:15 PM
First Proposed Discovery Plan and Scheduling Order re10 Order,, by Defendant Marriott International, Inc.. (Wulterin, Shayne) |
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| 11 | 11
notice
Civil Cover Sheet
Tue 03/11 9:12 PM
CIVIL COVER SHEET to1 Petition for Removal,,, by Defendant Marriott International, Inc.. (Wulterin, Shayne) |
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Att: 1
Civil Cover Sheet
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| Tuesday, March 04, 2025 | ||
| 10 | 10
1
pgs
order
Order
Tue 03/04 3:22 PM
ORDER. Pending before the Court is a joint status report that also includes a proposed case management schedule. Docket No.9 . The local rules provide detailed requirements regarding the presentation of a proposed discovery plan and scheduling order. Local Rule 26-1. The parties must file a proposed discovery plan and scheduling order in compliance with the local rules by March 11, 2025. Signed by Magistrate Judge Nancy J. Koppe on 3/4/2025. (Copies have been distributed pursuant to the NEF - CAH) |
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| Friday, February 28, 2025 | ||
| 9 | 9
misc
Status Report
Fri 02/28 3:34 PM
Joint STATUS REPORT by Defendant Marriott International, Inc.. (Wulterin, Shayne) |
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| Monday, February 24, 2025 | ||
| 8 | 8
2
pgs
order
Order
Mon 02/24 12:17 PM
ORDER. This case was removed to federal court on diversity grounds. Docket No. 1 . The removal statute provides in pertinent part that, if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable. 28 U.S.C. § 1446(b)(3). Defendant contends that this case became removable on December 3, 2024, and that it removed the case a mere eight days later. See, e.g., Docket No. 6 at 3. An obvious problem with this assertion is that Defendant did not file its removal papers until January 31, 2025, see Docket No. 1 (notice of electronic filing), which is 59 days after the triggering event identified by Defendant. In short, it would appear on the face of the papers that removal was untimely. Notwithstanding the above, the Court will not remand sua sponte. See Smith v. Mylan, Inc., 761 F.3d 1042, 1045 (9th Cir. 2014). IT IS ORDERED that if Plaintiff seeks a remand on this basis, he must file a motion to remand in prompt fashion within 30 days of removal. See order for further details. Signed by Magistrate Judge Nancy J. Koppe on 2/24/2025. (Copies have been distributed pursuant to the NEF - AMMi) |
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| Friday, February 14, 2025 | ||
| 7 | 7
misc
Certificate Interested Parties
Fri 02/14 10:05 AM
CERTIFICATE of Interested Parties by Marriott International, Inc.. There are no known interested parties other than those participating in the case(Wulterin, Shayne) |
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Att: 1
Certificate of Service Certificate of Service
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| 6 | 6
misc
Statement in Removal Case
Fri 02/14 9:47 AM
STATEMENT REGARDING REMOVAL by Defendant Marriott International, Inc..(Wulterin, Shayne) |
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Att: 1
Certificate of Service Certificate of Service,
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Att: 2
Exhibit Exhibit A - Complaint,
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Att: 3
Exhibit Exhibit B - Summons and Affidavit of Service,
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Att: 4
Exhibit Exhibit C - Request for Exemption From Arbitration,
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Att: 5
Exhibit Exhibit D - Plaintiff's Supplemental Brief,
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Att: 6
Exhibit Exhibit E - Defendant's Petition for Removal
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| Monday, February 10, 2025 | ||
| 5 | 5
misc
QC Notice
Mon 02/10 6:48 AM
CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Marriott International, Inc.. Certificate of Interested Parties due by 2/17/2025. (no image attached) (WJ) |
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| Friday, January 31, 2025 | ||
| 4 | 4
minord
Minute Order Removal Case
Fri 01/31 4:19 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 1/31/2025. By Deputy Clerk: RJDG. Statement regarding removed action is due by 2/15/2025. Joint Status Report regarding removed action is due by 3/2/2025. (Copies have been distributed pursuant to the NEF - RJDG) |
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| 3 | 3
notice
Option to Decline MJ - FORM
Fri 01/31 4:18 PM
OPTION TO DECLINE MAGISTRATE JUDGE OVERSEEING YOUR CASE. The attached form must be filed in the docket or received by the Clerk within 21 days of your first appearance in the case should you choose to decline consent. (A copy of the form has been mailed to parties not receiving electronic service.) (RJDG) |
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| 2 | 2
misc
General Orders regarding MJ assignment
Fri 01/31 4:16 PM
GENERAL ORDER 2023-11 IN RE: CONSENT AND REFERRALS TO UNITED STATES MAGISTRATE JUDGES UNDER 28 U.S.C. § 636. (A copy of the General Order has been mailed to parties not receiving electronic service.) (RJDG) |
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| 1 | 1
cmp
Petition Removal
Fri 01/31 11:24 AM
PETITION FOR REMOVAL from DISTRICT COURT CLARK COUNTY NEVADA, Case Number A-24-896237-C, (Filing fee $ 405 receipt number ANVDC-7942295) by MARRIOT INTERNATIONAL, INC.. Certificate of Interested Parties due by 2/10/2025. (Wulterin, Shayne) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit Exhibit A,
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Att: 3
Exhibit Exhibit B,
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Att: 4
Exhibit Exhibit C,
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Att: 5
Exhibit Exhibit D,
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Att: 6
Exhibit Exhibit E,
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Att: 7
Exhibit Exhibit F,
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Att: 8
Exhibit Exhibit G,
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Att: 9
Exhibit Exhibit H,
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Att: 10
Exhibit Exhibit I,
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Att: 11
Exhibit Exhibit J,
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Att: 12
Exhibit Exhibit K,
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Att: 13
Exhibit Exhibit L
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utility
Assign Judges in Civil Case
Fri 01/31 4:15 PM
Case randomly assigned to Magistrate Judge Nancy J. Koppe. (RJDG) |
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