Mathur claims that on April 15, 2013, during a layover in Chicago, a large African-American woman came to his door at about 10:45 p.m., pushed her way into his room, and robbed him of $500. Over the next six minutes, his pleas for help, he says, were met with indifference from hotel staff, including security personnel, and Mathur suspects an employee of the hotel was an accomplice.

The woman, who got away and was never identified, allegedly told a housekeeper that she was taking the money to cover her fee as a prostitute.

Mathur (left) is a captain and joint general manager of operations for Air India. His flight crew was also staying at the hotel, then known as Hotel 71. Hospitality Properties Trust purchased Hotel 71 in November 2012 and re-opened as a Wyndham on June 12, 2013.

According to a court document, there is dispute over whether Mathur invited the woman to his room on the night of the incident and was actually robbed. And even if he was robbed, the court will have to decide if the hotel is liable.

The case started as a personal injury lawsuit in Circuit Court but on October 8, 2013, the defendants, Hospitality Properties Trust and Wyndham Hotel Management, Inc., got the case moved to U.S. District Court. They argued it was a federal case due to Mathur being a citizen of India and suing for more than $75,000.

Mathur’s attorney, Sanjay Shivpuri, filed a motion to remand the case back to Circuit Court. He said the defendants moved the case too late, well past a 30-day deadline from when they were served on August 6.

Judge Sharon Coleman (right) ruled, however, the 30-day time limit is open to interpretation. She says the clock started on September 17, 2013, when the hotel received a second settlement offer for $400,000 – for monetary damages and emotional distress – to which it has not responded.

According to a status report filed on Wednesday, both parties anticipate a minimal exchange of information – about six depositions and three subpoenas – prior to a jury trial. They estimate discovery will finish by October 24, 2014.

Previous stories…

• Air India pilot sues Wyndham over alleged robbery, indifference
• Lawsuit over alleged robbery at Hotel 71 now in federal court
• Motion filed to return Hotel 71 lawsuit to county court