Jane Doe (C.M.B.) v. Wyndham Hotels & Resorts, Inc., et al.

CourtDistrict Court, W.D. Missouri
DecidedApril 27, 2026
Docket4:26-cv-00358
StatusUnknown

This text of Jane Doe (C.M.B.) v. Wyndham Hotels & Resorts, Inc., et al. (Jane Doe (C.M.B.) v. Wyndham Hotels & Resorts, Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jane Doe (C.M.B.) v. Wyndham Hotels & Resorts, Inc., et al., (W.D. Mo. 2026).

Opinion

Not for Publication UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JANE DOE (C.M.B.),

Plaintiff, Civil Action No.: 25-06316 (ES) (SDA)

v. OPINION

WYNDHAM HOTELS & RESORTS, INC., et al.,

Defendants. SALAS, DISTRICT JUDGE Before the Court are two motions to dismiss Plaintiff Jane Doe (C.M.B.)’s (“Plaintiff”) Complaint, (D.E. No. 1 (“Compl.”)): (i) defendants Super 8 Worldwide, Inc., Wyndham Hotel Group, LLC, and Wyndham Hotels & Resorts, Inc.’s (collectively, the “Wyndham Defendants”) motion to dismiss, (D.E. No. 21 (“Wyndham Motion”)); and (ii) defendant Independent Lodging Company’s motion to dismiss. (D.E. No. 8). Defendant Shri Hari Investments LLC did not move to dismiss and instead filed an answer to the Complaint. (D.E. No. 28). The Court refers to Defendants Independence Lodging Company (“Independent Lodging”) and Shri Hari Investments LLC collectively as the “Franchisees”. The Court has carefully considered the parties’ submissions in connection with the two motions, as well as the balance of the record, and decides the matters without oral argument. See Fed. R. Civ. P. 78(b); L. Civ. R. 78.1(b). For the reasons stated herein, Independent Lodging’s motion to dismiss, (D.E. No. 8), is GRANTED IN PART and DENIED IN PART. This Court transfers the instant matter to the United States District Court for the Western District of Missouri. I. BACKGROUND A. Factual Background Congress enacted the Trafficking Victims Protection Reauthorization Act (“TVPRA”) to combat human trafficking and provide both criminal penalties and civil remedies for victims of the same. 18 U.S.C. §§ 1581–97. Among its provisions, 18 U.S.C. § 1591 (“Section 1591”)

establishes criminal liability for sex trafficking, while 18 U.S.C. § 1595 (“Section 1595”) provides a private right of action for victims. In particular, Section 1595 provides that an individual who is a victim of a TVPRA violation may bring a civil action against the perpetrator or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known engaged in trafficking in violation of the statute. See Section 1595(a). This case is one of several filed in this District seeking similar redress under the TVPRA for alleged sex trafficking in hotels located in various cities. Plaintiff alleges that between June 2015 through December 21, 2015, she was sex trafficked at a Travelodge hotel and a Super 8

hotel—both located in Missouri. (Compl. ¶¶ 30–32 &34). Plaintiff alleges that, when her abusers trafficked her at these locations, there were obvious signs that she was being trafficked such that the Defendants “knew or through the exercise of reasonable diligence should have known, that they were benefitting from a venture causing her sexual exploitation.” (Id. ¶ 38). Those signs included prepaid room payments, daily extensions of the stay, constant “do not disturb” signs, and repeated short visits by multiple non-guest men. (Id. ¶ 39). Additionally, Plaintiff had few personal belongings, and her traffickers failed to provide identification to the hotel staff and loitered on-site. (Id.). According to the Complaint, Shri Hari owned, operated and managed the Travelodge hotel at issue through the Wyndham Defendants’ franchising system. (Id. ¶ 42). Plaintiff further alleges that Independence Lodging owned, operated and managed the relevant Super 8 hotel through the Wyndham Defendants’ system. (Id.). Plaintiff seeks damages for the harms stemming from the alleged TVPRA violations. (Id. ¶¶ 151–53). She alleges that the relationship between sex

trafficking and the hotel industry is “widely known and pervasive,” (id. ¶ 45–47), and that “Wyndham’s public statements confirm that it knew sex trafficking was a problem at its hotels[.]” (Id. ¶ 61). Moreover, Plaintiff claims that each of “the Wyndham Defendants monitored criminal activity occurring at their branded hotels and were aware of activity indicating commercial sex trafficking or related crimes occurring at those branded hotels, including the [specific property where Plaintiff was trafficked.]” (Id. ¶¶ 66 & 70). B. Procedural History On May 30, 2025, Plaintiff initiated this lawsuit against the Defendants, alleging violations of Sections 1591 and 1595 of the TVPRA. (See generally id.). In Count I of the Complaint,

Plaintiff alleges that the Franchisees are liable as perpetrators under Section 1595(a). (Id. ¶¶ 131– 33). In Count II, Plaintiff asserts that all Defendants are liable as beneficiaries under Section 1595(a) for the financial benefits derived from their participation in a venture violative of the TVPRA. (Id. ¶¶ 134–38). Finally, in Count III Plaintiff contends that the Wyndham Defendants are vicariously liable for the acts of their franchisees and those of the franchisees’ subagents. (Id. ¶¶ 139–44). Following Plaintiff’s commencement of this action, Defendants filed the present motions to dismiss. (See D.E. Nos. 8 & 21). Specifically, on June 27, 2025, Independence Lodging moved to dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(2) and (3) for lack of personal jurisdiction and improper venue. (D.E. No. 8). Plaintiff opposed the motion, (D.E. No. 11), and Independence Lodging filed a reply, (D.E. No. 17). On August 1, 2025, the Wyndham Defendants moved to dismiss the Complaint for failure to state a claim under Rule 12(b)(6). (See generally Wyndham Motion). Plaintiff opposed the motion, (D.E. No. 31), and the Wyndham Defendants filed a reply, (D.E. No. 33). On August 25, 2025, Defendant Shri Hari submitted an

answer to the Complaint without making a motion. (D.E. No. 28).1 The motions are therefore now ripe for adjudication. II. Legal Standard2 Under Rule 12(b)(2), the Court may dismiss a complaint for lack of personal jurisdiction. When reviewing a motion to dismiss under Rule 12(b)(2), courts “must accept all of the plaintiff's allegations as true and construe disputed facts in favor of the plaintiff.” Carteret Sav. Bank, FA v. Shushan, 954 F.2d 141, 142 n.1 (3d Cir. 1992). The plaintiff bears the burden of establishing the court’s jurisdiction over the defendant. Miller Yacht Sales, Inc. v. Smith, 384 F.3d 93, 97 (3d Cir. 2004). Although the plaintiff must ultimately prove personal jurisdiction by a preponderance of

the evidence, such a showing is unnecessary at the early stages of litigation. Mellon Bank (E.) PSFS, Nat. Ass’n v. Farino, 960 F.2d 1217, 1223 (3d Cir. 1992). Rather, the plaintiff need only present “a prima facie case for the exercise of personal jurisdiction by ‘establishing with reasonable particularity sufficient contacts between the defendant and the forum state.’” Id. at 1223 (quoting Provident Nat’l Bank v. Cal. Fed. Sav. & Loan Ass’n, 819 F.2d 434, 437 (3d Cir. 1987)). Once the plaintiff meets this burden, the burden shifts to the defendant to establish the presence of other

1 As Defendant Shri Hari did not move to dismiss the Complaint, the Court does not address any claims against Shri Hari in this Opinion.

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Jane Doe (C.M.B.) v. Wyndham Hotels & Resorts, Inc., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jane-doe-cmb-v-wyndham-hotels-resorts-inc-et-al-mowd-2026.