The Wave Studio, LLC v. British Airways PLC et al

Filing 77

STIPULATION AND ORDER Continuing Case Management Conference. Initial Case Management Conference set for 11/12/2015 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/24/15. (cl, COURT STAFF) (Filed on 9/24/2015)

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JEDEDIAH WAKEFIELD (CSB No. 178058)
[e-mail]
TODD R. GREGORIAN (CSB No. 236096)
[e-mail]
SEBASTIAN E. KAPLAN (CSB No. 248206)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Defendant
Travix Travel USA Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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THE WAVE STUDIO, LLC, a New York
Limited Liability Company,

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Plaintiff,
v.

Case No.: 3:15-cv-01341-RS
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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BRITISH AIRWAYS PLC, a United Kingdom
Corporation, HOTELS COMBINED LLC, an
Australian Corporation, SWISS
INTERNATIONAL AIR LINES LTD., a
Switzerland Corporation d/b/a SWISS, TRAVIX
TRAVEL USA INC., a Georgia Corporation,
VISITUSA LLC, a Utah Limited Liability
Company, and DOES 1-100,

Judge:
Hon. Richard Seeborg
Trial Date:
TBD
Date Action Filed: May 20, 2015

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Defendants.
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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CMC

Case No.: 3:15-cv-01341-RS

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Defendants Swiss International Air Lines Ltd. and Travix Travel USA Inc. (the

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“Stipulating Defendants”) and Plaintiff The Wave Studio, LLC hereby stipulate and request that

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the Court continue the Initial Case Management Conference in this case, currently scheduled for

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October 8, 2015.

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The Stipulating Defendants are two of five Defendants in this action: Defendant Hotels

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Combined LLC has not appeared in this action. Defendant VisitUSA has also not appeared in

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this action, but on behalf of Visit USA, David Urman has filed a pro se motion to dismiss

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VisitUSA. The hearing date for that motion was vacated when this case was reassigned to Judge

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Seeborg and Mr. Urman has not renoticed the motion.

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current response dates are as follows:

SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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None of the defendants has answered or otherwise responded to the Complaint. The

Plaintiff served Swiss International Airlines Ltd. with the complaint on May 19,

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2015, with a stipulated deadline to answer of October 9, 2015.

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Plaintiff served British Airways Plc with the complaint on May 20, 2015, with a

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stipulated deadline to answer of October 9, 2015.

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Plaintiff served Travix with the complaint on May 21, 2015, with a stipulated

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deadline to answer of October 9, 2015.

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Plaintiff served Hotels Combined LLC with the complaint on May 20, 2015, with

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a stipulated deadline to answer of September 25, 2015.

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Plaintiff served VisitUSA with the complaint on May 23, 2015, with a deadline to

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answer of June 16, 2015.

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The stipulating defendants are currently exploring whether they can reach agreement with

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Plaintiff and the other two defendants for a transfer of this case to the Southern District of New

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York, where a related case is currently pending. A continuance of the Case Management

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Conference will afford the parties an opportunity to explore whether the case should be

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transferred or stayed. If the case is not transferred or stayed, the continuance will afford the other

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defendants an opportunity to appear in the case and/or participate in the Case Management

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CMC

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Case No.: 3:15-cv-01341-RS

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Conference.

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Accordingly, the stipulating parties hereby request that the Court continue the Case

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Management Conference, currently scheduled for October 8, 2015, to November 5, 2015 at 10:00

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a.m. or to a date convenient to the Court thereafter.

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IT IS SO STIPULATED:

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Dated: September 24, 2015

Respectfully submitted,

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FENWICK & WEST LLP

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By: /s/ Jedediah Wakefield
Jedediah Wakefield
Sebastian E. Kaplan

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Attorneys for Travix Travel USA Inc.
Dated: September 24, 2015

BRINKS GILSON LLP

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By: /s/ Willam Frankel
William Frankel

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Attorneys for Swiss International Air Lines Ltd.

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Dated: September 24, 2015

COBALT LLP

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By: /s/ Vijay Toke
Vijay Toke

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Attorneys for The Wave Studio, LLC

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ATTESTATION OF SIGNATURES
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Pursuant to Local Civil Rule 5-1(i), I hereby attest that I have obtained concurrence in the
filing of this document from each of the Signatories.

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By: /s/ Jedediah Wakefield

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Jedediah Wakefield

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CMC

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Case No.: 3:15-cv-01341-RS

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GOOD CAUSE APPEARING THEREFORE:

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IT IS ORDERED that the Initial Case Management Conference scheduled for October 8,

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November 12
2015 be vacated and reset for _______________, 2015 at 10:00 a.m. The parties’ joint case

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November 5, 2015.
management statement shall be filed on or before ____.

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Dated: September 24 2015
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Hon. Richard Seeborg
United States District Court Judge

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CMC

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Case No.: 3:15-cv-01341-RS