Simpson v. Doubletree Management LLC et al

Filing 40

ORDER (1) REGARDING HEARING DATES AND (2) REQUIRING FURTHER SUBMISSIONS IN SUPPORT OF THE MOTIONS TO TRANSFER. Motion Hearing set for 3/22/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 1/2/13. (jjoS, COURT STAFF) (Filed on 1/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LATROYA SIMPSON,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-04928 JSW

v.

No. C 12-05169 JSW

DOUBLETREE MANAGEMENT LLC, et al.,

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Defendants.

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/

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ANDRE MCMAHON and LATROYA
SIMPSON,

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ORDER (1) REGARDING
HEARING DATES AND (2)
REQUIRING FURTHER
SUBMISSIONS IN SUPPORT OF
THE MOTIONS TO TRANSFER

Plaintiffs,

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v.
EMBASSY SUITES MANAGEMENT LLC,
Defendant
/

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Motions to transfer and motions to dismiss or, in the alternative, to strike the class

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allegations are currently pending in both of the above captioned matters. When the action

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against Embassy Suites Management LLC (“Embassy Suites”) was related to the action against

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DoubleTree Management and DoubleTree DTWC LLC (collectively, “DoubleTree”), parties

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were instructed that any dates for noticed motions had been vacated and must be re-noticed

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before the newly assigned judge by the moving party. Despite this clear instruction, Embassy

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Suites has not yet re-noticed the motion to transfer or the motion to dismiss or, in the

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alternative, to strike. Nevertheless, the Court HEREBY SETS these motions to be heard on

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March 22, 2013 at 9:00 a.m. The Court CONTINUES the motion to transfer and the motion to

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dismiss or, in the alternative, to strike filed by DoubleTree to be heard on the same day, March

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22, 2013 at 9:00 a.m.

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In their motions to transfer, DoubleTree and Embassy Suites show that they are both

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owned by Hilton Worldwide, Inc., the same defendant in Young v. Hilton Worldwide, Inc., et

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al., Case No. CV12-1788, in the United States District Court for the Central District of

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California. In Young, the plaintiff alleged he called the Hilton Reservations Worldwide, LLC

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doing business as Hilton Reservations and Customer Care (“Hilton Reservations”) to ask about
hotel rates and/or to make hotel reservations at the Hampton Inn. He further alleged that the

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For the Northern District of California

United States District Court

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defendant hotel recorded, monitored, or eavesdropped on their calls without obtaining their

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consent, in violation of a California penal provision. Plaintiffs in the above captioned cases

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assert the same allegations against DoubleTree and Embassy Suites.

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In support of their motions to transfer, DoubleTree and Embassy Suites argue, but fail to

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submit any supporting evidence, that Hilton Worldwide, Inc. operates the reservation call

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centers that service calls for hotels in all of its brands, including the Hampton Inn, DoubleTree,

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and Embassy Suites. If the same call centers answer the calls for all three hotels, then the Court

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finds that the cases would be related and judicial economy would be served by transferring

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these matters to the Central District. However, if the calls are answered by different call

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centers, and the defendant hotels are merely owned by the same company, then there would not

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be sufficient factual overlap to warrant transfer. In the absence of any evidence on this point,

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the Court cannot make an informed decision. Therefore, the Court HEREBY ORDERS

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DoubleTree and Embassy Suites to submit evidence to describe and demonstrate who services

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the calls for their reservations. DoubleTree and Embassy Suites shall submit such supplemental

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evidence by no later than January 18, 2013. Plaintiffs may respond to this supplemental

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evidence by no later than January 28, 2013.

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IT IS SO ORDERED.

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Dated: January 2, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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