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Frederick v. Intercontinental Hotels Group Res., Inc.

United States District Court for the Eastern District of Louisiana

February 14, 2011, Decided; February 14, 2011, Filed

CIVIL ACTION NO. 09-7497

Opinion

ORDER AND REASONS ON MOTION

This is a personal injury case originally brought in Civil District Court for the Parish of Orleans, State of Louisiana, by pro se plaintiffs, Anthony C. Frederick and Jacqueline A. Frederick, against InterContinental Hotels Group Resources, Inc. ("InterContinental"), the owner of the StayBridge Suites (the "Hotel") in downtown New Orleans, Louisiana. Plaintiffs allege in their Petition for Damages and Amendment to Petition for Damages that they checked into the Hotel on September 9, 2008 and that, as a result of defendant's negligence, Mrs. Frederick came into contact with the MRSA bacteria 1 during their stay, which caused both plaintiffs to suffer physical injuries, mental anguish and loss of consortium. InterContinental removed the  [*2] action to this court based on diversity of citizenship jurisdiction. Record Doc. No. 1, Notice of Removal; Record Doc. No. 1-2, Petition for Damages and Amendment to Petition for Damages.

InterContinental filed a Motion for Summary Judgment, supported by excerpts from the depositions of both plaintiffs and by the sworn affidavits of Darrius Gray, the General Manager of the Hotel since February 2008, and Susan McLellan, M.D., M.P.H., a board-certified specialist in infectious disease and internal medicine who practices at Tulane University School of Medicine. Record Doc. No. 25. I ordered plaintiffs to respond in writing to defendant's motion, with supporting affidavits or other evidentiary materials that set forth specific facts demonstrating the presence of a genuine issue of material fact for trial, no later than January 14, 2011. Record Doc. No. 26.

No memorandum in opposition to defendant's motion for summary judgment was timely submitted. However, the court received a letter from plaintiffs on January 24, 2011, stating  [*3] that they had been traveling out of state from January 5 through 23, 2011, and had received defendant's motion for summary judgment and the court's order when they returned on that date. They requested an extension of time to respond, Record Doc. No. 27, which defendant did not oppose. The court granted an extension of time until February 4, 2011 for plaintiffs to file their opposition, reiterating in the order that plaintiffs must support their allegations with affidavits or other evidentiary materials that set forth specific facts demonstrating the presence of a genuine issue of material fact for trial. Record Doc. No. 28.

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2011 U.S. Dist. LEXIS 14202 *; 2011 WL 666843

ANTHONY C. FREDERICK ET AL. versus INTERCONTINENTAL HOTELS GROUP RESOURCES, INC.

Prior History: Frederick v. Intercontinental Hotels Grp. Res., Inc., 2010 U.S. Dist. LEXIS 153764 (E.D. La., July 9, 2010)

CORE TERMS

Hotel, infected, summary judgment, material fact, cleaning, skin, plaintiffs', employees, bathtub, sink, vice, housekeeping, allegations, nonmoving, Damages, essential element, conditions, memorandum, bacteria, noticed, opposition memorandum, unsanitary conditions, medicine, genuine, exercise of reasonable care, genuine dispute, defense motion, Hurricanes, causation, colonized