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14-3131 - Moses v. Apple Hospitality REIT, Inc. et al


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14-3131 - Moses v. Apple Hospitality REIT, Inc. et al
March 9, 2015
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ORDER granting 11 Motion to Dismiss for Failure to State a Claim -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' motion to strike is denied. Defendants' motion to dismiss is granted. Plaintiff's motion for leave to amend is granted in part and denied in part. Counts I-VI are dismissed with prejudice. Count VII is dismissed without prejudice, and leave to amend is granted in accordance with the Court's opinion. Any amended complaint must be filed NO LATER THAN APRIL 6, 2015. Failure to comply by April 6, 2015 will result in entry of an order of dismissal. The Clerk of the Court is directed to hold closure of this case in abeyance pending the filing of an Amended Complaint in compliance with this Order. SO ORDERED by Judge Dora Lizette Irizarry on 3/9/2015. (Irizarry, Dora)
September 30, 2016
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ORDER granting in part and denying in part 23 Motion to Dismiss for Failure to State a Claim -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, defendant's motion to dismiss the second amended complaint is denied in part and granted only to the extent that plaintiff's claim of breach of implied covenant of good faith and fair dealing is dismissed. This matter is referred to the magistrate judge for further pretrial proceedings. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/30/2016. (Irizarry, Dora)
September 11, 2017
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ORDER directing counsel to submit a revised version of the proposed Order Preliminarily Approving Class Action Settlement by September 18, 2017 that includes suggested dates for each relevant event, after contacting my chambers to determine the Court's availability for a final fairness hearing. Ordered by Magistrate Judge Steven M. Gold on 9/11/2017. (Gold, Steven)
September 19, 2017
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ORDER granting 47 Motion to Certify Class. The proposed Order Preliminarily Approving Class Action Settlement, Preliminarily Certifying Settlement Class, and Appointing Interim Class Counsel, filed as Docket Entry 67, is hereby approved and entered as an Order of the Court. A FINAL FAIRNESS HEARING IS SCHEDULED FOR JANUARY 16, 2018 AT 4:30 PM IN COURTROOM 13D. Ordered by Magistrate Judge Steven M. Gold on 9/19/2017. (Gold, Steven)
March 27, 2018
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ORDER granting 70 Motion to Certify Class; granting 71 Motion for Attorney Fees. For the reasons and to the extent described herein, plaintiff's motions are granted. Specifically, the Court orders that: final certification is granted to the class described herein for purposes of settlement; the Settlement Agreement, including its proposed plan of allocation, is approved; the law firms of Salas Wang LLC, Eccleston Law, LLC, and Law Office of Christopher J. Gray, P.C. are appointed Class Counsel; Class counsel are awarded attorneys' fees equaling 25% of the Settlement fund, or $1,375,000; Class counsel's request for reimbursement of $24,844.66 of litigation expenses is approved; and Susan Moses is appointed class representative and granted a $10,000 service award. Accordingly, the Clerk of Court is respectfully directed to close this case. Ordered by Magistrate Judge Steven M. Gold on 3/27/2018. (Metzger, Daniel)