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Other Statutory Actions | Ohio Southern
Dismiss for Failure to State a Claim
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Red Lion Hotels Corporation. (Attachments: # 1 Exhibit 1-Declaration of Cynthia Kelly, # 2 Exhibit A-Google Map Image, # 3 Exhibit B-Franchise Agreement, # 4 Exhibit C-Report on Deed Transfers) (Utke, Mark)
P.I.: Other | Colorado
Order
GRANTING IN PART AND DENYING IN PART WYNDHAM FRANCHISOR DEFENDANTS' AND DEFENDANT RK HOSPITALITY'S MOTIONS TO DISMISS AND GRANTING DEFENDANT PATEL'S MOTION TO DISMISS the Court ORDERS as follows: 1. The Wyndham Franchisor Defendants 39; Motion to Dismiss (ECF No. 53 ) is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiff's FOSTA claim (Count Two) and her claim under Colo. Rev. Stat. § 13-21-127 (Count Three) against the Wyndham Franchisor Defendants are DISMI SSED WITH PREJUDICE; b. Plaintiff's Colorado Tort Claims (Counts Four, Five, & Six) against the Wyndham Franchisor Defendants are DISMISSED WITHOUT PREJUDICE; and c. The Wyndham Franchisors Defendants' Motion to Dismiss (ECF No. 53 ) is DE NIED in all other respects. 2. Defendant Rileshkumar R. Patel d/b/a Days Inn's Motion to Dismiss Plaintiff's Second Cause of Action (ECF No. 67 ) is GRANTED and the FOSTA claim (Count Two) asserted against him is DISMISSED WITH PREJUDICE. 3. Defendant RK Hospitality's Motion to Dismiss (ECF No. 112 ) is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiff's FOSTA claim (Count Two) and her claim under Colo. Rev. Stat. § 13-21-127 (Count Three) against RK Hospital ity are DISMISSED WITH PREJUDICE; b. Plaintiff's Colorado Tort Claims (Counts Four, Five, & Six) against RK Hospitality are DISMISSED WITHOUT PREJUDICE; andc. RK Hospitality's Motion to Dismiss (ECF No. 53 ) is DENIED in all other respects. 4. As set forth in the Scheduling Order entered by Magistrate Judge Maritza Dominguez Braswell (ECF No. 124 ), the parties' Joint Status Report remains due on August 19, 2026. SO ORDERED by Judge William J. Martinez on 08/13/2026.(jrobe, )
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