# G. M. v. Choice Hotels International, Inc.

> District Court, S.D. Ohio · March 25, 2024

URL: https://www.frixlaw.com/law-library/cases/10384308

## Case

- **Court:** District Court, S.D. Ohio
- **Decided:** March 25, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10384308

## How later opinions describe it (automated extraction)

- explaining that statutes are presumed to embrace the common law extant at their enactment
- finding sufficient allegations that, among other things, the trafficker and hotel owner had prior dealings
- explaining that the traditional rules of statutory construction advise that statutes are presumed not to disturb the common law “unless the 22 language of the statute [is] clear and explicit for this purpose.”
- holding that “the relevant ‘venture’” under Section 1595 need not be ‘specifically a sex trafficking venture’” and can be a “‘commercial venture[]’ like running or expanding a business.”
- concluding that a cruise line could be held liable under § 2255 for the sexual crimes of its employees

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

G.M., an individual, :
: Case No. 2:22-cv-3788
Plaintiff, :
: Chief Judge Algenon L. Marbley
v. :
: Magistrate Judge Elizabeth P. Deavers
CHOICE HOTELS INTERNATIONAL, :
INC., et al., :
:
Defendants. :

OPINION & ORDER

This matter is before this Court on Defendant Choice Hotels International’s (“Choice”)
Motion to Dismiss, Transfer, or Sever Plaintiff’s Complaint. (ECF No. 34). For the following
reasons, Defendant’s Motion is hereby DENIED.
I. BACKGROUND
This case arises under the Trafficking Victims Protection Reauthorization Act (“TVPRA”),
18 U.S.C. § 1595(a) and the Child Abuse Victim’s Rights Act (“CAVRA”), 18 U.S.C. § 2255.
Plaintiff G.M. alleges she was kidnapped at age fifteen and trafficked for sex at the Choice
branded, Indianapolis Rodeway Inn and the Choice branded Indianapolis Quality Inn between
August and October 2016. (ECF No. 1 ¶¶ 58-59). Plaintiff alleges Defendants “profited from
each and every room that G.M.’s traffickers and customers rented where G.M. was harbored and
maintained for the purpose of sex trafficking” and from Wi-Fi data collected from the rooms. (Id.
¶ 123). She also alleges that “to save costs and continually reap millions of dollars in profits,
Defendant[] generally failed to create, adopt, implement, and enforce company-wide policies and
procedures regarding suspected incidents of human trafficking at the branded properties.” (Id. ¶
41).
According to G.M., each stay at the Choice branded properties raised “several consistent
red flags,” that should have been obvious to staff, “including, but not limited to: Paying for stays
in cash; Paying for extended stays on a day by day basis; Requesting a room away from other

guests; Obvious signs of illegal drug use; Frequent requests for linen changes; Unusually large
number of used condoms in the trash; Unusually large number of male visitors asking for G.M.
and her traffickers at the front desk; Visible signs of prior and private physical abuse; Unusually
large number of male visitors coming in and out of the room; Asking the front desk not to be
disturbed; Women wearing clothing inappropriate for the weather; Loud noises of abuse or other
emergency audible to staff or other rooms” (Id. ¶ 63). Plaintiff alleges that the hotel staff at one
of the Choice properties even threatened to kick her and her trafficker out because of excessive
condoms and dirty linens in one of the rooms. (Id. ¶ 60). Plaintiff also explains that her trafficker
used the hotel’s Wi-Fi to post advertisements for the sale of her body and communicate with

“johns.” (Id. ¶ 49).
Plaintiff now seeks to hold Defendant liable as a beneficiary of its participation in a
commercial venture that it knew, or should have known, violated the TVPRA. Plaintiff
commenced this action in October 2022. (ECF No. 1). In June 2023, Defendant filed a Motion to
Dismiss. (ECF No. 34). Plaintiff has responded, and Defendant replied. (ECF Nos. 46; 51). The
Motion is now ripe for review.

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II. LAW & ANALYSIS
A. Personal Jurisdiction
As a threshold matter, Defendant contends that this Court cannot exercise personal
jurisdiction over it because, in Defendant’s view, Plaintiff has failed to state a claim under
CAVRA, which authorizes a Plaintiff to bring suit in any appropriate United States District Court.

Because Choice is located in Maryland and the properties in question are located in Indiana,
Defendant asserts that absent a CAVRA claim, this Court has no personal jurisdiction over it and
must dismiss the case. (ECF No. 34 at 13). Plaintiff argues that she has indeed stated a claim
under CAVRA, and even if she has not, Defendant has consented to jurisdiction in Ohio by
appointing a registered agent for service of process here. (ECF No. 46 at 16-25). To determine
whether this Court possesses personal jurisdiction over the Defendant, this Court must first analyze
whether Plaintiff has stated a CAVRA claim.
1. Standard of Review
This Court may dismiss a cause of action under Federal Rule of Civil Procedure 12(b)(6)

for “failure to state a claim upon which relief can be granted.” Such a motion “is a test of the
plaintiff's cause of action as stated in the complaint, not a challenge to the plaintiff’s factual
allegations.” Golden v. City of Columbus, 404 F. 3d 950, 958–59 (6th Cir. 2005). This Court must
construe the complaint in the light most favorable to the non-moving party. Total Benefits Planning
Agency, Inc. v. Anthem Blue Cross & Blue Shield, 552 F. 3d 430, 434 (6th Cir. 2008). If more than
one inference may be drawn from an allegation, this Court must resolve the conflict in favor of the
plaintiff. Mayer v. Mylod, 988 F. 2d 635, 638 (6th Cir. 1993). This Court cannot dismiss a
complaint for failure to state a claim “unless it appears beyond doubt that the plaintiff can prove

3
no set of facts in support of his claim which would entitle him to relief.” Id. The Complaint should
be read as a whole, even if a specific alleged fact read in isolation appears meaningless. Ricchio v.
McLean, 853 F.3d 553, 557 (1st Cir. 2017).
2. Liability Under the Child Abuse Victims Rights Act, 18 U.S.C. § 2255(a)
Plaintiff seeks to hold Defendant liable under the Child Abuse Victims Rights Act, 18

U.S.C. § 2255(a) (“CAVRA”). Under CAVRA:
Any person who, while a minor, was a victim of a violation of section . . . 1591
[among others] . . . and who suffers personal injury as a result of such violation,
regardless of whether the injury occurred while such person was a minor, may sue
in any appropriate United States District Court and shall recover the actual damages
such person sustains or liquidated damages in the amount of $150,000, and the cost
of the action, including reasonable attorney’s fees and other litigation costs
reasonably incurred.

§ 2255(a).
At the outset, Defendant argues that Plaintiff has failed to allege that she was indeed a
minor at the time that she was trafficked through Defendant’s branded properties. Not so. Plaintiff
alleges that she was fifteen when she was kidnapped and that she was shuttled between various
hotel properties, including Defendant’s, for three months in 2016. (ECF 1 ¶ 53, 59). In her
complaint, she does not mention other subsequent periods of trafficking, and alleges that she “was
a ‘person’ who ‘has not attained the age of 18 years’ pursuant to 18 U.S.C. § 1591(a)(2).” (Id. ¶
177). A complaint “must be read ‘as a whole,’ and all reasonable inferences must be drawn in the
plaintiff’s favor.” Stratton v. Portfolio Recovery Assocs., LLC, 770 F.3d 443, 446 (6th Cir. 2014),
as amended (Dec. 11, 2014). It is patently reasonable to infer from Plaintiff’s complaint that she
was a minor at the time she was trafficked at Defendant’s properties.

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Defendant next argues that the plain language of CAVRA requires Defendant itself to have
violated § 1591, the portion of the TVPRA that creates criminal liability for those knowingly
engaged in or knowingly benefitting from sex trafficking, or other criminal statutes of which
Plaintiff alleges she was a victim. (ECF No. 34 at 14, 22-27). In Defendant’s view, Plaintiff’s
CAVRA claim must fail because § 1591 requires actual knowledge, as opposed to the constructive

knowledge sufficient for its civil counterpart, § 1595, and Plaintiff has not alleged that Defendant
itself had actual knowledge or violated § 1591. Plaintiff responds that this Court already concluded
that Plaintiff has stated a CAVRA claim when it issued its earlier Opinion & Order on venue,
establishing the law of the case. (ECF No. 46 at 16-17). Defendant replies, however, that at the
time of the earlier opinion, Defendant had not yet been served and given the opportunity to brief
the issue fully. (ECF No. 51 at 2). Because Defendant did not have a full opportunity to litigate
whether Plaintiff states a CAVRA claim, this Court considers the issue anew.
This Court’s analysis begins and ends with the text of the statute.1 As this Court and others
have observed before, § 2255 does not specify against whom a lawsuit may be brought. Jane Doe

No. 8 v. Royal Caribbean Cruises, Ltd., 860 F. Supp. 2d 1337, 1339 (S.D. Fla. 2012) (concluding
that a cruise line could be held liable under § 2255 for the sexual crimes of its employees). In
light of that silence, the Court is guided by one of the most familiar canons of statutory
interpretation: “courts may not add or subtract words from a statute.” Id. By asking this Court to

1 It is worth noting that, on different briefing, this Court concluded that a similarly situated plaintiff sufficiently alleged
a § 2255 claim on the theory that the plaintiff could show that the defendant itself, Wyndham Hotels, violated § 1591,
the criminal portion of the TVPRA, by a preponderance of the evidence. T.E. v. Wyndham Hotels & Resorts, Inc.,
2023 WL 5531441, at *10 (S.D. Ohio Aug. 28, 2023). When T.E. was decided, the interpretation of § 2255 above
had not been argued to this Court. Given that this is a developing area of the law, and the Parties’ arguments have
evolved accordingly, this Court is now better positioned to analyze the issue and finds the above interpretation
persuasive.

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conclude that only perpetrators can be held liable, Defendant “effectively asks this Court to re-
write the statute by inserting (after ‘may sue’) the words ‘the offender’ or ‘the perpetrator.’” Id.
at 1340. Congress has added similar language in analogous scenarios, and could have done so
here, had it intended to limit liability to the criminal perpetrator. Id. As this Court’s reads it, the
absence of a grammatical object in § 2255(a) is conspicuous and, therefore, likely intentional.2

The text provides no reason to believe that Congress intended to prohibit plaintiffs from suing
beneficiaries of and participants in the many crimes enumerated in § 2255, so long as plaintiffs’
claims comport with the traditional requirements of standing—injury in fact, causation, and
redressability.3
Here, Plaintiff has sufficiently alleged that she was injured when she was trafficked in
violation of § 1591 as a minor. Defendant’s alleged participation in and benefit from a venture it
should have known was in violation of the TVPRA, discussed further below, is surely enough to
establish causation for purposes of a standing analysis. See Rieves v. Town of Smyrna, Tennessee,
67 F.4th 856, 862 (6th Cir. 2023) (holding that “the plaintiff need not prove that the defendant was

the sole cause of his injury as long as harm is a ‘predictable effect’ of the defendant’s actions on
the decisions of third parties.”). And Plaintiff’s harm is one a court can redress through damages.

2 This Court acknowledges, as it has before, In re Hotel TVPRA Litigation, 2023 WL 3075851, at *6, that a House
Report from 1998 indicates that “[i]t is the intention of the Committee that only the offender who perpetrated the
offense against the minor is liable for damages under this section.” H.R. REP. 105-557, 23 (1998). But the text of
the statute is the ultimate reflection of Congress’s intent. Congress has revised § 2255 several times and not seen fit
to add language specifying that only offenders or perpetrators of the criminal predicate may be liable, despite
apparent awareness of the issue.
3 The fact that § 2255 is silent as to vicarious liability does not undercut this conclusion. Congress’s repeated silence
as to persons liable is much more conspicuous than its silence as to vicarious liability, and indeed supports the
availability of vicarious liability.

6
Accordingly, this Court concludes that Plaintiff has pleaded sufficient allegations to survive a
motion to dismiss on her CAVRA claim.
Defendant’s insistence that a recent Supreme Court case, Twitter, Inc. v. Taamneh, 143 S.
Ct. 1206, 1226-27 (2023), forecloses this conclusion is incorrect. In Taamneh, the Supreme Court
considered whether plaintiffs had stated a claim under the secondary civil liability provision of the

Justice Against Sponsors of Terrorism Act (“JASTA”). JASTA allows plaintiffs to bring
secondary civil liability claims against anyone “who aids and abets, by knowingly providing
substantial assistance, or who conspires with the person who committed such an act of international
terrorism.” 18 U.S.C. § 2333(d)(2). Because the Supreme Court in Taamneh concluded that
secondary civil liability under JASTA applied “only on those who had abetted the underlying tort
through conscious, ‘culpable conduct,’” Defendant urges that CAVRA requires the same culpable
state of mind. But it does not. In reaching its conclusion in Taamneh, the Supreme Court placed
great emphasis on the meaning and historical background of the phrase “aid and abet,” which is
modified in the statute by a requirement that the defendant “knowingly provided substantial

assistance.” Neither CAVRA nor the TVPRA use the phrase “aid and abet,” nor do they require
“substantial assistance.” CAVRA, as discussed above, focuses only on whether the plaintiff was
a victim of a violation, not on whether a defendant committed that violation or had a culpable
mindset in doing so. And the TVPRA creates liability when a defendant “benefits . . . from
participation in a venture.” No allegation of “substantial assistance” is required. In sum, while
Taamneh touches on some criminal and tort liability themes related to those in the CAVRA and
the TVPRA, it does not control the outcome of this case and this Court declines to apply its analysis
in this context.

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3. Consent
Because this Court concludes that Plaintiff has stated a CAVRA claim, which authorizes
nationwide personal jurisdiction, it need not consider whether Defendant has consented to
personal jurisdiction through appointing a registered agent for service of process in Ohio.
B. Service

Defendant also moves to dismiss for insufficient service of process under Federal Rule of
Civil Procedure 12(b)(5), pointing out that Rule 4(m) requires that a defendant be served within
90 days of a complaint being filed. (ECF No. 34 at 54-55). Plaintiff filed this action on October
24, 2022, and Defendant was not served until April 27, 2023, after a period of back-and-forth
between the parties. (ECF No. 21 at 2-3). But this Court already held that Plaintiff has “shown
cause why Plaintiff’s claims should not be dismissed for failure to perfect service within the time
allowed by Rule 4(m),” (ECF No. 22), and Choice did not object to that Order. That Order is the
law of the case, and this Court sees no reason to disturb it.
C. Joinder

Next, Defendant contends that it should be severed from the case because Plaintiff has
failed to demonstrate: (1) how her injuries against the various Defendants arise out of the same
occurrence; and (2) that there is a question of law or fact common to all defendants. (ECF No 34
51-57). Plaintiff, on the other hand, argues that joinder is proper because it will promote efficiency,
because Plaintiff’s injury is an indivisible one, and because Plaintiff raises at least one common
question. (ECF No. 46 at 37-38).
A plaintiff may join defendants in one action where any right to relief: (1) “aris[es] out of
the same transaction, occurrence, or series of transactions or occurrences;” and (2) “any question

8
of law or fact common to all defendants will arise in the action.” Fed. R. Civ. P. 20(a)(2)(A)-(B).
Broad discretion is granted to district courts to add or drop parties on the motion of any party or
of its own initiative at any stage of the action if it is on just terms. United States v. Katz, 494 F.
Supp. 2d 645, 648 (S.D. Ohio 2006) (citing Federal Rules of Civil Procedure 21). The Supreme
Court has explained that “[u]nder the Rules, the impulse is toward entertaining the broadest

possible scope of action consistent with fairness to the parties; joinder of claims, parties and
remedies is strongly encouraged.” United Mine Workers of America v. Gibbs, 383 U.S. 715, 724
(1966) (internal footnote omitted). Any motion to dismiss for improper joinder by a party should
be treated as a motion for severance, because the appropriate remedy for misjoinder under the
Federal Rules of Civil Procedure is severance, not dismissal. Fed. R. Civ. P. 21 (“Misjoinder of
parties is not a ground for dismissing an action.”).
To satisfy the first prong of Rule 20, courts apply the flexible “logical relationship” test.
Moore v. New York Cotton Exch., 270 U.S. 593, 610 (1926). The “logical relationship” test may
be satisfied by allegation of an indivisible injury, or an injury caused by one party and later

aggravated by another. See Papachristos v. Hilton Mgmt., LLC, 2015 WL 1094852, at *3 (N.D.
Ill. Mar. 10, 2015). Plaintiff persuasively argues that the way in which she was shuttled back and
forth between Defendants’ branded properties created an indivisible injury akin to a physical injury
created by—for example—a slip and fall injury that was later aggravated by a car accident. See
e.g., id. (permitting joinder in that circumstance). Moreover, her claims are “likely to involve
overlapping proof and duplicative testimony,” Hopper v. Credit Assocs., LLC, No. 2:20-CV-522,
2021 WL 5754732, at *4 (S.D. Ohio Dec. 3, 2021), report and recommendation adopted, 2022

9
WL 889054 (S.D. Ohio Mar. 25, 2022), particularly with respect to her injury. Plaintiff has shown
that her claims pass the logical relationship test.
Rule 20 also requires a showing of “any question of law or fact common to all defendants.”
Fed. R. Civ. P. 20(a). Defendant points out that “each location will require an independent factual
analysis.” (ECF No. 34 at 53). But “[i]t is important to keep in mind that the text of Rule 20 does

not require a multitude of common questions or that common questions predominate, but rather
that there be ‘any question of law or fact common to all defendants [that] will arise in the action.’”
Gonzales v. Wal-Mart Stores, Inc., No. 2:14-CV-00230-JCM, 2014 WL 2591690, at *8 (D. Nev.
May 22, 2014), report and recommendation adopted, 2014 WL 2591499 (D. Nev. June 10, 2014).
In other words, “[t]he second prong of Rule 20(a) requires only that there be some common
question of law or fact . . . not that all legal and factual issues be common to all [defendants].”
Disparte v. Corporate Executive Board, 223 F.R.D. 7, 11 (D.D.C. 2004). Here, issues of law and
fact related to, for example, Plaintiff’s indivisible injury and her relationship with her traffickers
will be common among Defendants. Joinder is proper in this case.

D. Venue Transfer Pursuant to 28 U.S.C. § 1404
Since this Court concludes that Defendant is properly joined in this case, Defendant next
argues that this Court should transfer venue pursuant to 28 U.S.C. § 1404, which grants a district
court broad discretion to transfer a civil action to a more convenient forum, even where venue is
proper where the case was filed. (ECF No. 34 at 28-33). Plaintiff responds that this Court already
concluded in its earlier Opinion & Order that venue was “properly laid in this District,” and it
declined to “exercise its discretionary power to transfer the cases to a different district court
pursuant to § 1404,” following a lengthy analysis. (ECF No. 17 at 17, 27-41). While true, as

10
discussed above, that Defendant had not been served at the time that this Court reached its venue
conclusion, Plaintiff contends that because Defendant fails to raise any arguments that have not
already been considered, this Court should adhere to its earlier holding. (ECF No. 46 at 41-45).
Even though Defendant’s opportunity to weigh in on the issue of venue at that juncture was, in its
words, “highly restricted,” counsel for Defendant appeared at the relevant hearing and made

arguments to this Court. (ECF No. 16 at 25-30). This Court also explicitly considered this case
and those like it in its Opinion & Order. (ECF No. 17 at 39-40, n.22). This Court has now reviewed
Defendant’s briefing and finds no arguments that warrant rehashing of its earlier analysis regarding
discretionary transfer under § 1404; it incorporates that analysis here. If its earlier Opinion &
Order was not the law of the case with respect to Choice before, it is going forward.
E. Direct Civil Liability Under the TVPRA § 1595
Having concluded that there are no jurisdictional impediments to adjudicating this case,
and that Plaintiff has stated a claim under § 2255, this Court now considers whether Plaintiff has
stated a claim under the civil liability component of the TVPRA, § 1595. This Court has

undertaken extensive analysis of the issue of civil liability of hotel defendants in sex trafficking
cases under the TVPRA in several cases with many factual similarities to this one. See e.g., T.P.
v. Wyndham Hotels & Resorts, Inc., No. 2:21-cv-04933, 2022 WL 17363234 (S.D. Ohio Dec. 1,
2022); A.C. v. Red Roof, Inc., No. 2:19-cv-4965, 2020 WL 3256261 (S.D. Ohio Jun. 16, 2020);
Doe S.W. v. Lorain-Elyria Motel, Inc., No. 2:10-cv-1194, 2020 WL 1244192 (S.D. Ohio Mar. 16,
2020); M.A. v. Wyndham Hotels & Resorts, Inc., 425 F. Supp. 3d 959 (S.D. Ohio 2019); H.H. v.
G6 Hospitality, LLC, No. 2:19-cv-755, 2019 WL 6682152 (S.D. Ohio Dec. 6, 2019).

11
The TVPRA has two provisions relevant to this case. First, the TVPRA provides for
criminal penalties set forth in 18 U.S.C. § 1591:
(a) Whoever knowingly—
(1) in or affecting interstate or foreign commerce, . . . recruits, entices, harbors,
transports, provides, obtains, advertises, maintains, patronizes, or solicits by any
means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a
venture which has engaged in an act described in violation of paragraph (1),
knowing, or, except where the act constituting the violation of paragraph (1) is
advertising, in reckless disregard of the fact, that means of force, threats of
force, fraud, coercion described in subsection (e)(2), or any combination of such
means will be used to cause the person to engage in a commercial sex act, or
that the person has not attained the age of 18 years and will be caused to engage
in a commercial sex act, shall be punished as provided in subsection (b).
18 U.S.C. § 1591(a). Secondly, and central to Plaintiffs claim, is the standard for civil
liability under the TVPRA set forth in 18 U.S.C. § 1595:
An individual who is a victim of a violation of this chapter may bring a civil action
against the perpetrator (or whoever knowingly benefits, financially or by receiving
anything of value from participation in a venture which that person knew or should
have known has engaged in an act in violation of this chapter) in an appropriate
district court of the United States and may recover damages and reasonable
attorneys fees.
18 U.S.C. § 1595(a).
As a preliminary matter, this Court has held in several cases that § 1595(a) can be a
standalone claim, and civil defendants need not have committed the underlying criminal sex
trafficking offense under § 1591. M.4., 425 F. Supp. 3d at 964; H.H., 2019 WL 6682152 at *2
(citing Cong. Research Serv., R40190, The William Wilberforce ro UN □□
Reauthorization Act of 2008 (P.L. 110-457): Criminal Law Provisions, at 16 (Jan/29, 2009; □□□□
amendments to the TVPRA “create[ ] civil liability both for those who face criminal liability for
12

their profiteering and those who do not.”)); Plaintiff A v. Schair, No. 2:11-cv-00145-WCO, 2014
WL 12495639, at *3 (N.D. Ga. Sept. 9, 2014) (the 2008 amendments broadened the parties who
could be sued for trafficking violations from only the perpetrator)). This Court likewise finds that
Plaintiff’s allegation that she is a victim of trafficking under § 1591 is enough to plead sufficiently
that she is “a victim of this chapter” pursuant to § 1595(a) in order to survive a motion to dismiss.

(ECF No. 1 ¶¶ 20, 169).
This Court analyzes Plaintiff’s direct civil liability claim under the “beneficiary theory” of
§ 1595(a).4 The plaintiff must plead the following in order to survive a Motion to Dismiss under
this theory: (1) the person or entity must “knowingly benefit[], financially or by receiving anything
of value”; (2) from participating in a venture; (3) that the “person knew or should have known has
engaged in an act in violation of this chapter.” § 1595(a). A plaintiff may satisfy these elements
by showing that “defendant’s own acts, omissions, and state of mind establish each element.” J.L.
v. Best W. Int’l, Inc., 521 F. Supp. 3d 1048, 1060 (D. Colo. 2021).
1. Knowing benefit

Plaintiff has sufficiently alleged that Defendant “knowingly benefited” financially from a
venture in violation of the TVPRA. Plaintiff alleges that Defendant profited in two ways: (1)
through renting rooms to Plaintiff’s traffickers; and (2) “from gathering personal data from the
Wi-Fi it provided to customers.” (ECF No. 1 ¶ 22(d)).
This Court found in M.A., H.H., and T.P. that “the rental of a room constitutes a financial
benefit from a relationship with the trafficker sufficient to meet this element of the § 1595(a)

4 Defendant argues that Plaintiff’s “claims” under §§ 1591, 1589, and 1590 ought to be dismissed. (ECF No. 34 at
23-27). This Court does not read Plaintiff’s Complaint to attempt to state claims under those criminal statutes, and
Plaintiff clarifies that she alleges violations of those statutes only to the extent that her victimization under them is a
prerequisite for stating civil liability claims under § 1595 and § 2255.

13
standard.” M.A., 425 F. Supp. 3d at 965; H.H., 2019 WL 6682152 at *2. See also J.L., 521 F. Supp.
3d at 1061 (concluding that allegations that a hotel defendant received a percentage of room
revenue where trafficking occurred, was sufficient to meet the knowingly benefited element under
18 U.S.C. § 1595(a)); Gilbert v. U.S. Olympic Comm., 423 F. Supp. 3d 1112, 1137 (D. Colo. 2019)
(finding the forced labor provision of § 1589(b) does not “require[ ] the party to benefit from the

[forced] labor or services for liability to attach”).
Nonetheless, Defendant contends that mere receipt of room rental revenue is insufficient
because Plaintiff must show a “causal relationship between the affirmative conduct furthering the
sex-trafficking venture and receipt of a benefit, with . . . knowledge of that causal relationship.”
Geiss v. Weinstein Co. Holdings LLC, 383 F. Supp. 3d 156, 169 (S.D.N.Y. 2019). This Court
explained in H.H., however, that “§ 1595(a) imposes no such requirement.” 2019 WL 6682152,
at *2. The statutory language simply “requires that Defendant knowingly benefit financially, not
that the perpetrator compensate Defendant ‘on account of’ the sex trafficking venture.” Id.
Nor must Plaintiff allege actual knowledge of the trafficking to allege that Defendant

“knowingly benefitted.” The statutory language of § 1595(a) “does not impose an actual
knowledge requirement” with respect to the trafficking, it just requires that Defendant knowingly
received a financial benefit. A.C., 2020 WL 3256261, at *4. Therefore, Plaintiff pleads allegations
sufficient to meet this element of the § 1595(a) standard under a theory of benefit through room
rental proceeds.
Plaintiff’s contention that Defendant knowingly benefited from “gathering personal data”
from Wi-Fi, however, fares worse. Plaintiff fails to allege that Defendant benefitted financially or
received “anything of value” as is required by § 1595(a). Plaintiff makes no effort to explain how

14
this data benefitted Defendant. Accordingly, Plaintiff has failed to plead allegations sufficient to
proceed under a theory of benefit through Wi-Fi data.
2. Participation in a venture
Plaintiff has also alleged sufficient facts to demonstrate Defendant’s conduct constituted
“participation in venture” under § 1595(a). This Court has held that participation in a venture

under § 1595 does not require actual knowledge of trafficking crimes but requires “at least a
showing of a continuous business relationship between the trafficker and the hotels such that it
would appear that the trafficker and the hotels have established a pattern of conduct or could be
said to have a tacit agreement.” M.A., 425 F. Supp. 3d at 970 (citing Jean-Charles, 937 F. Supp.
2d at 288–89); see also G.G. v. Salesforce.com, Inc., 76 F.4th 544 (7th Cir. 2023) (holding that
“the relevant ‘venture’” under Section 1595 need not be ‘specifically a sex trafficking venture’”
and can be a “‘commercial venture[]’ like running or expanding a business.”); Ricchio, 853 F.3d
at 555 (finding sufficient allegations that, among other things, the trafficker and hotel owner had
prior dealings); Doe S.W., 2020 WL 1244192, at *6–7 (finding allegations that defendant hotels

repeatedly rented rooms to individuals they should have known were traffickers based on the
totality of the circumstances, were sufficient to survive a Rule 12(b)(6) motion); H.H., 2019 WL
6682152, at *4 (same); A.C., 2020 WL 3256261, at *6 (same). Further, participation in a venture
under § 1595 does not require an “overt act.” See e.g., J.L., 521 F. Supp. 3d at 1062; E.S. v. Best
W. Int’l Inc., 510 F. Supp. 3d 420, 427 (N.D. Tex. 2021); M.A., 425 F. Supp. 3d at 968–69; S.J.,
473 F. Supp. 3d at 153–54; Doe S.W., 2020 WL 1244192, *6; J.C. v. Choice Hotels Int'l, Inc.,
2020 WL 3035794, at *1 n. 1 (N.D. Cal. June 5, 2020).

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Plaintiff asserts that because Defendant “owns, supervises, manages, controls, and/or
operates” the properties at which she was trafficked, it therefore had a continuous business
relationship with the franchisee who rented her traffickers rooms there. (ECF No. 1, ¶ 22).
Plaintiff alleges that Defendant exerted this control over the property through myriad means
including providing reservation platforms, providing training to employees, providing customer

review platforms, and implementing standardized rules of operation. (ECF No. 1, ¶ 137-38).
Defendant counters that the hotels are subject to franchise agreements and are owned and operated
by third parties removed from Defendant’s control. (ECF No. 34 at 35-39). It argues that Plaintiff
fails to connect Defendant to a venture that violated § 1591(a) beyond the existence of the
franchisor-franchisee relationship. (Id.). Additionally, Defendant argues that its failure to prevent
sex trafficking cannot constitute “participation.” (Id.).
First, this Court addresses whether a franchisor-franchisee relationship between Defendant
and the hotel operators is too attenuated to support Plaintiff’s claim. Defendant points to the
Eleventh Circuit’s decision, Doe #1 v. Red Roof Inns, Inc., 21 F.4th 714 (11th Cir. 2021), which

this Court has analyzed several times before. See e.g., T.P., 2022 WL 17363234, at *10-11. In
Doe #1, the complaint included allegations that: (1) defendants licensed their brand to franchisees
who paid royalties to the defendants and other fees based on a percentage of their room revenue;
(2) defendants received a percentage of the revenue generated from the rooms in which trafficking
occurred; (3) defendants “owned, managed, supervised, operated, oversaw, controlled the
operation of, and/or were inextricably connected to the renting of rooms” at these hotels; (4)
defendant franchisors investigated incidents of trafficking at the individual hotels and controlled
training related to spotting trafficking; and (5) read online reviews mentioning prostitution and

16
crime occurring generally at the hotels where plaintiffs were trafficked. Doe #1, 21 F.4th at 726.
On these facts—admittedly similar to the ones sub judice—the Eleventh Circuit concluded that
plaintiffs failed to allege that “the franchisors participated in a common undertaking involving risk
or profit that violated the TVPRA.” Id. at 726–27.
But “[k]ey to the court’s reasoning” in Doe #1 “was how the plaintiffs had chosen to define

the alleged venture—specifically as a ‘sex trafficking’ venture.” G.G., 76 F.4th at 561-62
(emphasis added). Here, Plaintiff alleges that Defendant was engaged in “commercial business
ventures” at the property where Plaintiff was trafficked, not that Defendant participated in sex
trafficking. (ECF No. 1 ¶ 22(d)). This critical distinction limits Doe #1’s relevance here. See
G.G., 76 F.4th at 562.
In a similar vein, Defendant’s suggestion that it cannot be liable for merely participating in
“a franchising business” is unavailing. (ECF No. 34 at 36). As discussed above, the alleged
venture “need not be ‘specifically a sex trafficking venture.’” G.G., 76 F.4th at 554. Instead, it
can “be a business whose primary focus is not on sex trafficking.” Id. In G.G., for example,

plaintiffs alleged that the defendant, Salesforce, provided advice and software to Backpage, a now-
defunct website that hosted advertisements posted by the minor plaintiff’s street-level trafficker.
Id. at 548. The Seventh Circuit concluded that the venture there “was Backpage’s business itself,
including the ‘growth,’ ‘expansion,’ and profitability of that business.” Id. at 554. Salesforce’s
relationship with Backpage certainly fell within the ambit of its typical business activities, much
like Defendant’s.
Defendant’s argument that it at most observed trafficking, as opposed to participating in it,
is similarly unpersuasive. (ECF No. 34 at 38). It complains that Plaintiff is seeking to impose on

17
it an affirmative duty to seek out and prevent trafficking. (Id. at 33-35). As Plaintiff points out,
though, she does not allege mere observation coupled with a failure to intervene. This is not an
attempt at bystander liability. Instead, she alleges that the Defendant “violated the duty established
by the TVPRA: to refrain from ‘knowingly benefit[ing] from ‘participation in a venture’ that
Defendant[] knew or should have known violated § 1591.” (ECF No. 46 at 31). Specifically,

Plaintiff alleges that Defendant: (1) profited from the rooms her traffickers rented and failed to
implement trafficking prevention training programs; (2) collected room reservation, identification,
payment, and sex trafficking website data from the trafficker’s use of hotel Wi-Fi; and (3) had
expansive control over franchisee policies and operations but did not use that power to hold the
franchisees accountable. (ECF No. 1, ¶¶ 21-22; 136-46).
This Court finds that Plaintiff’s allegations that Defendant profited, failed to implement
policies, and maintained expansive control over the hotel operation standards meet § 1595’s
definition of “participation in a venture.” Here, Defendant was involved in a business venture with
the franchisee hotels, and both groups benefitted by renting rooms to traffickers despite having at

least constructive knowledge of ongoing trafficking based on the totality of the circumstances.
Of note, Plaintiff incorrectly argued in her response that Defendant’s actions meet §
1591(e)(4)’s definition of “participation in a venture.” In M.A., this Court ruled that the definition
of “participation in a venture” from § 1591(e)(4) was not applicable to § 1595 because it would
inappropriately import a knowledge standard absent in § 1595.5 425 F.Supp.3d at 969.

5 In that case, plaintiff’s counsel, who also represents Plaintiff in this case, argued as much. While this oversight is not
detrimental to Plaintiff’s allegations, Plaintiff’s Counsel is again reminded to review this Court’s past rulings as they
represent this Court’s interpretation of the TVPRA.

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3. Knew or should have known the venture violated the TVPRA
A defendant cannot be liable under 18 U.S.C. § 1595(a) unless it “knew or should have
known” that the venture from which it benefitted “has engaged in an act in violation of” the
TVPRA. Defendants need not have actual knowledge of trafficking crimes for liability to attach,
as the language of § 1595(a) demonstrates that constructive knowledge is sufficient. M.A., 425 F.

Supp. 3d at 970 (citing Jean-Charles v. Perlitz, 937 F. Supp. 2d 276, 288–89 (D. Conn. 2013)).
Defendant contends that a generalized awareness of sex trafficking in hotels is insufficient
to hold it liable; in Defendant’s view, Defendant must have actual or constructive knowledge of
Plaintiff’s trafficking specifically. Defendant asserts that Plaintiff fails to even allege facts that
support knowledge on behalf of the hotel staff. Plaintiff responds: (1) that there were signs of
Plaintiff’s trafficking that ought to have been obvious to hotel staff; and (2) that Defendant, and
the hospitality industry more broadly, has long been aware of the prevalence of human trafficking
at their properties; but (3) failed to take action regarding human trafficking. Specifically, Plaintiff
alleges that on one occasion at a Choice property, “front desk staff threatened to call the police

because an unusually large number of used condoms and dirty linens were found in the room.”
(ECF No. 1 ¶ 60). Plaintiff also alleges that her stays at Choice properties produced repeated “red
flags,” including payment in cash, extended stays paid for on a day-to-day basis, large numbers of
male visitors, and audible signs of distress during conflict between Plaintiff and her traffickers.
(Id. at ¶¶ 62-63, 68-70).
This Court has previously held that notice of “the prevalence of sex trafficking generally
at their hotels,” the failure “to take adequate steps to train staff in order to prevent its occurrence,”
and signs that “should have alerted staff to [Plaintiff’s] situation” are sufficient to meet the

19
constructive knowledge requirement. M.A., 425 F. Supp. 3d at 968. Seeing similar allegations in
the case at hand, this Court reaches the same conclusion.
This Court is guided in its analysis by two cases that establish the spectrum on which civil
liability under the TVPRA can be found. In Ricchio v. McLean, the plaintiff alleged that the hotel
owner and the trafficker were working together in a sex trafficking scheme evidenced by a “high-

five” while discussing “getting this thing going again,” a past business relationship between the
two, and allegations that one of the hotel owners had gone to the victim’s room and “had shown
indifference to [plaintiff’s] obvious physical deterioration.” Ricchio, 853 F. 3d at 555. Plaintiff
alleged that while “in plain daylight view of the front office of the motel,” her trafficker “kick[ed]
her and force[d] her back toward the rented quarters when she had tried to escape.” Id. The Court
concluded that the defendants “acted, at least, in reckless disregard” of the nature of the venture
for purposes of § 1589 and § 1595. Id. at 557.
Conversely, in Lawson v. Rubin, plaintiffs sued Blue Icarus, the owner of a condo that it
leased to Howard Rubin who was procuring women who he then sexually assaulted and abused at

that location. No. 1:17-cv-6404 (BMC), 2018 WL 2012869, at *2 (E.D.N.Y. Apr. 29, 2018). The
court found the plaintiff’s allegations of one police visit after a fight ensued and one ambulance
sent to the residence in six years insufficient to hold Blue Icarus liable under § 1595. The Court
reasoned that even if Blue Icarus had done further investigation following the incidents, it would
not have uncovered any more information about the alleged trafficking. Lawson, 2018 WL
2012869, at *13–14.
Plaintiff’s allegations fall somewhere between the fact patterns in Ricchio and Lawson.
This Court has previously concluded that many aspects of Plaintiff’s experience described above

20
should have alerted staff to her trafficking, including excessive condoms, cash payments from her
traffickers, and frequent male guests. See M.A., 425 F. Supp. 3d at 967; see also T.P., 2022 WL
17363234, at *8-9.
With respect to Choice as franchisor, Plaintiff’s allegations are sufficient to pass muster
under the plausibility standard of a 12(b)(6) motion to dismiss because she alleges that the

franchisor itself had constructive knowledge of the problem. In comparable environments, courts
have found failure to implement policies sufficient to combat a known problem in one’s operations
constitutes willful blindness or negligence. See Burlington Industries, Inc. v. Ellerth, 524 U.S.
742, 758–79 (1998) (holding where a “supervisor’s sexual harassment is outside the scope of
employment because the conduct was for personal motives,” an employer can still “be liable . . .
where its own negligence is a cause of the harassment” because it “knew or should have known
about the conduct and failed to stop it”); Brown v. Corr. Corp. of Am., 603 F. Supp. 2d 73, 81
(D.D.C. Mar. 26, 2009) (finding that complaint stated sufficient allegations under § 1983, based
on willful blindness, where defendants knew that a supervisor at a correctional facility raped his

employee, sexual harassment at the facility “was not an isolated incident,” and defendants failed
“to implement and effectuate the appropriate policies . . . to remedy and/or prevent the
discriminatory conduct, sexual abuse and sexual harassment and rape”).
Defendant contends that it must have had knowledge or constructive knowledge with
respect to Plaintiff specifically and that a generalized awareness of sex trafficking in its low-cost
hotels is insufficient. But the express terms of the statute impose liability for benefiting from a
venture that the Defendant knew or should have known was engaged in violations of § 1591, not
violations of § 1591 with respect to a particular person. § 1595.

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The facts specific to Plaintiff’s own sex trafficking, in combination with her allegations
that Defendant was on notice about the prevalence of sex trafficking at its hotels yet continued to
rent rooms to traffickers and failed to take adequate steps to train staff in order to prevent its
occurrence, together support a conclusion that Defendant had constructive knowledge of the
trafficking occurring at their hotels because they “should have known” about the nature of the

venture under the beneficiary theory’s negligence standard. 18 U.S.C. § 1595. See T.P. v.
Wyndham Hotels & Resorts, Inc., 2022 WL 17363234, at *9 (S.D. Ohio Dec. 1, 2022) (reaching
the same conclusion). Therefore, this Court finds that Plaintiff’s allegations are sufficient to meet
the negligence standard in § 1595 for purposes of surviving this Motion to Dismiss.
Because Plaintiff’s allegations meet the three-pronged requirement of § 1595, Plaintiff has
sufficiently stated a claim that Defendant is directly, civilly liable under the TVPRA. See M.A. 425
F. Supp. 3d at 971–72 (denying motion to dismiss of hotel parent company defendants where
plaintiff pled that defendants controlled employee training, room pricing, provided online booking
platform, and conducted inspections).

F. Vicarious Liability
A plaintiff can also satisfy the elements of § 1595’s beneficiary theory by imputing “to the
defendant the acts, omissions, and state of mind of an agent of the defendant” through indirect or
vicarious liability. J.L., 521 F. Supp. 3d at 1060. The TVPRA, however, does not address the issue
of indirect or vicarious liability; therefore, federal district courts that have adjudicated this issue
must apply common law to fill in the gaps. Norfolk Redevelopment and Hous. Auth. v. Chesapeake
and Potomac Tel. Co. of Va., 464 U.S. 30, 35–36 (1983) (explaining that the traditional rules of
statutory construction advise that statutes are presumed not to disturb the common law “unless the

22
language of the statute [is] clear and explicit for this purpose.”); see also In re Nicole Gas Prod.,
Ltd., 581 B.R. 843, 850 (B.A.P. 6th Cir. 2018), aff’d sub nom., Nicole Gas Prod., Ltd., 916 F.3d
566 (6th Cir. 2019) (explaining that statutes are presumed to embrace the common law extant at
their enactment). In the past, this Court, and other district courts, have applied the state common
law of vicarious liability when addressing indirect liability arguments under the TVPRA. M.A.,

425 F. Supp. 3d at 971 (applying Ohio agency law); see also A.B., 455 F. Supp. 3d at 194–95
(applying Pennsylvania agency law); S.J., 473 F. Supp. 3d at 158–59 (applying New York agency
law). Since this Court’s ruling in 2019, another district court chose to apply the federal common
law of vicarious liability in a TVPRA case. A.B., 484 F. Supp. 3d at 939–40 (citing Ninth Circuit
cases where the court applied the federal common law of agency when the federal statute did not
otherwise provide direction).
As this Court has previously outlined, the Sixth Circuit has yet to rule on whether the
federal or state common law of vicarious liability should be applied under the TVPRA. While this
Court has previously entertained arguments for both given the nearly identical analysis required

under federal and Ohio common law, this Court will proceed under a federal common law analysis
of the issue. This approach brings the analysis in line with the Sixth Circuit’s approach to applying
the federal common law of vicarious liability to federal statutes that do not expressly provide
direction on vicarious liability arguments. See e.g., Marr v. Rife, 503 F.2d 735, 740–41 (6th Cir.
1974) (explaining that in determining the extent of liability of the owner of a real estate agency for
violations of Fair Housing Act by his agent, court should apply federal law and should not be
restricted by respondeat superior law or law of vicarious liability of the various states); Keating v.
Peterson’s Nelnet, LLC, 615 Fed. App’x 365, 371–72 (6th Cir. 2015) (citing In the Matter of Dish

23
Network, LLC, 28 FCC Rcd. 6574, 6584 (May 9, 2013)) (explaining that the FCC concluded that
defendants may be held vicariously liable for statutory violations under federal common law
agency principles, including apparent authority and ratification) but cf. Pension Benefit Guar.
Corp. v. Findlay Indus., Inc., et al., 902 F.3d 597, 611 (6th Cir. 2018) (deciding to apply state
common law to an ERISA contract dispute regarding successor liability because a federal court

may take direction from “the law of the state in which it sits” so long as the standard used “best
comports with the interests served by ERISA’s regulatory scheme,” but explaining that “as a
general matter, the court must look to the federal common law and should draw guidance from
state common law only when federal common law does not provide an established standard”).
1. Agency
The Sixth Circuit relies on the Restatement of Agency when applying the federal common
law of vicarious liability. Johansen v. HomeAdvisor, Inc., 218 F.Supp.3d 577, 586 (S.D. Ohio
2016). Agency is most commonly defined as the “fiduciary relationship that arises when one
person (a ‘principal’) manifests assent to another person (an ‘agent’) that the agent shall act on the

principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise
consents so to act.” Restatement (Third) of Agency § 1.01 (2006). A defining element of agency
“is the principal’s right to control the agent’s actions” such as “[t]he power to give interim
instructions.” Id. at cmt. f (1); see also Savanna Group, Inc. v. Trynex, Inc., No. 10-C-7995, 2013
WL 4734004, at *5 (N.D. Ill. Sept. 3, 2012) (explaining that “[t]he power to give interim
instruction” is an element that “distinguishes principals in agency relationship from those who
contract to receive services provided by persons who are not agents.”). As a result of that power,
“[a] master is subject to liability for the torts of his servants committed while acting in the scope

24
of their employment.” Burlington Indus. Inc., 524 U.S. at 755–56 (1998) (quoting Restatement
(Second) of Agency § 219(1) (1957)).
While the mere existence of a franchise does not establish an agency relationship, the
franchise model also does not preclude wholesale franchisors from vicarious liability under an
agency theory. Bricker, 804 F.Supp.2d at 623 (“[T]he existence of a franchisor-franchisee

relationship between persons does not in itself preclude the existence of a principal-agent
relationship between them.”). To determine whether “a principal-agent relationship exists, courts
consider the same factors ‘as in the absence of a franchisor-franchisee relationship.’” Id. (citing
Taylor v. Checkrite, Ltd., 627 F. Supp. 415, 416 (S.D. Ohio 1986)). To succeed under an agency
theory, Plaintiff must show both: (1) that Defendant and its franchisees were in an agency
relationship; and (2) that hotels or hotel staff are plausibly liable under § 1595(a).
Plaintiff alleges that Defendant exercised day-to-day control over the franchise property at
issue here. (ECF No. 1, ¶¶ 131-46). Plaintiff argues that this includes requiring franchisees to,
among other things: (1) use Choice’s property management system; (2) use Choice’s centralized

reservation system; (3) submit to periodic inspections with threat of termination; (4) gather
reservation, payment, and occupancy data through Choice’s centralized system; (5) use approved
Wi-Fi and security vendors; (6) comply with Choice’s regulated room rental rates; (7) sharing
profits; and (8) adhere to other brand standards and corporate policies with respect to ethics and
safety. (Id.). These allegations are sufficient to meet the pleading standards of Federal Rule of
Civil Procedure 8 to demonstrate Defendant’s control over the franchisee properties for purposes
of an agency relationship and vicarious liability.

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And Plaintiff alleges that the hotel franchisees themselves committed a wrong that can be
imputed on Defendant. See J.L. v. Best W. Int’l Inc., 521 F. Supp. 3d 1048, 1064-65 (D. Colo.
2021). This Court applies the three-pronged test established by 18 U.S.C. § 1595—and already
used to assess Defendant’s direct liability—to the hotel franchisees as well: (1) the person or entity
must “knowingly benefit[], financially or by receiving anything of value”; (2) from participating

in a venture; (3) that the “person knew or should have known has engaged in an act in violation of
this chapter.” § 1595(a).
First, Plaintiff alleges that the franchisees rented rooms to traffickers and financially
benefited from their trafficking ventures, therefore satisfying the first prong. (ECF No. 1 ¶ 22(d)).
Second, Plaintiff has alleged sufficient facts—that franchisee hotels, along with Defendant,
benefited financially from renting rooms to traffickers and should have known trafficking was
going on based on the totality of the circumstances—to meet § 1595’s definition of “participation
in a venture” in a commercial setting that profited from Plaintiff’s sex trafficking. (Id.). Plaintiff
alleged sufficient facts to demonstrate that employees at the hotel had constructive knowledge that

she was being trafficked; specifically, that staff would have seen many red flags pointing toward
trafficking and signs of Plaintiff’s physical deterioration and abuse. (Id. at ¶ 63). Therefore, the
beneficiary theory is satisfied with respect to Defendant’s franchisees.
2. Joint Employer Status
Plaintiff argues in her Response that she alleges a second independent theory of vicarious
liability through “joint employment” of hotel staff. Much like agency theory, whether two
employers are a joint employer also often turns on how much control one exercises over the other.
See e.g., Int’l Longshoremen’s Ass’n, AFL-CIO, Local Union No. 1937 v. Norfolk Southern Corp.,

26
927 F.2d 900, 902 (6th Cir. 1991) (articulating test for joint employer status under the NLRA as
“the interrelation of operations between the companies, common management, centralized control
of labor relations, and common ownership.”); Sanford v. Main Street Baptist Church Manor, Inc.,
327 Fed. App’x 587, 594 (6th Cir. 2009) (adopting the following test for Title VII joint employer
status: “(1) the extent of the employer’s control and supervision over the worker, including

directions on scheduling and performance of work; (2) the kind of occupation and nature of skill
required, including whether skills are obtained in the work place; (3) responsibility for the costs
of operation, such as equipment, supplies, fees, licenses, workplace, and maintenance of
operations; (4) method and form of payment and benefits; and (5) length of job commitment and/or
expectations.”). “While the factors this Court must consider when analyzing both agency and joint
employer theories of vicarious liability are very similar, important among those to establish a joint
employer theory of vicarious liability is the control exercised by the franchisor specific to
employment policies.” B.D.G., 2023 WL 5935646, at *10.
While Plaintiff neglects to use the specific words “joint employer” in her Complaint, she

does allege that “Choice employees work throughout the Indianapolis Rodeway Inn and Quality
Inn by Choice (ECF No. 1 ¶ 22(b)). Whether Plaintiff’s joint employer theory succeeds is a very
close call. Ultimately, because Plaintiff only alleges that Defendant controls employees training,
but not other key employment-related policies, like hiring, retention, scheduling, and rates of pay,
she has not sufficiently pleaded a joint employer theory against Choice. Cf. A.R., 2022 WL
17741054, at *11 (finding joint employer theory of vicarious liability sufficiently pleaded where
Plaintiff pled that Wyndham promulgated “policies, procedures, and standards governing the

27
hiring, training, retention, and advancement of on-the-ground employees and setting their rates of
pay.”).
Il. CONCLUSION
For the foregoing reasons, Defendant’s Motion is hereby DENIED.
IT IS SO ORDERED. —

UNITED STATES DISTRICT JUDGE
DATE: March 25th, 2024

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10384308. Public record. Not legal advice.