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

Filing 79

STIPULATION AND ORDER 78 Joint Stipulation to Transfer Case to the United States District Court for the Southern District of New York. Signed by Judge Richard Seeborg on 10/7/15. (cl, COURT STAFF) (Filed on 10/7/2015)

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WILLIAM H. FRANKEL (admitted pro hac vice)
([e-mail])
DANIELLE ANNE PHILLIP (admitted pro hac vice)
([e-mail])
BRINKS GILSON & LIONE
NBC Tower – Suite 3600
455 N. Cityfront Plaza Drive
Chicago, IL 60611
Telephone: [phone]
Facsimile: [phone]
PETER M. HART (CA Bar No. 107920)
([e-mail])
LECLAIRRYAN, LLP
44 Montgomery Street, Suite 3100
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BRITISH AIRWAYS PLC and SWISS INTERNATIONAL AIR LINES LTD.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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THE WAVE STUDIO, LLC, a New York
Limited Liability Company,
Plaintiff,
v.
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,

Case No. 15-cv-01341-RS
ORDER
JOINT STIPULATION TO
TRANSFER CASE TO THE
UNITED STATES DISTRICT
COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK

Defendants.

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JOINT STIPULATION TO TRANSFER CASE
TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

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

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Plaintiff, The Wave Studio, LLC (“Wave”), and Defendants British Airways Plc, Swiss

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International Air Lines Ltd. (“Swiss”), and Travix Travel USA Inc. (“Travix”) (collectively, the

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“Stipulating Defendants”), by and through their counsel of record, submit the following stipulation:

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The Stipulating Defendants and Wave hereby stipulate and request that the above-captioned

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case shall be transferred to the United States District Court for the Southern District of New York.

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The Stipulating Defendants believe the above-captioned case is related to litigation currently

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pending in the Southern District of New York, captioned The Wave Studio, LLC v. General Hotel

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Management, et al., No. 7:13-CV-09239-CS-PED (S.D.N.Y.) (the “GHM litigation”), and should be

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consolidated with the GHM litigation. The Stipulating Defendants and Wave agree that the transfer

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stipulated here is without prejudice to consolidation of this case with the GHM litigation, and that

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upon transfer to the Southern District of New York, the Stipulating Defendants may seek to file a

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motion to consolidate this case with the GHM litigation.

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Defendant Hotels Combined LLC has not appeared in this case. Counsel for Defendant

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Hotels Combined LLC has advised counsel for British Airways and Swiss that Hotels Combined

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LLC consents to and does not oppose the transfer of this case to the Southern District of New York.

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Defendant VisitUSA LLC has not appeared in this case, but David Urman had filed a motion

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to dismiss on behalf of VisitUSA LLC. Mr. Urman advised counsel for British Airways and Swiss

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that he does not oppose the transfer of this case to the Southern District of New York.

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Now, therefore, it is hereby stipulated by and between Wave and the Stipulating Defendants,

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through their respective counsel, that this case be transferred to the United States District Court for

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the Southern District of New York.

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IT IS SO STIPULATED:

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Dated: October 7, 2015

COBALT LLP
BY: /s/ VIJAY TOKE
Vijay Toke
[e-mail]

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Attorneys for Plaintiff
THE WAVE STUDIO, LLC

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JOINT STIPULATION TO TRANSFER CASE

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TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

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

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Dated: October 7, 2015

BRINKS GILSON & LIONE

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BY: /s/ WILLIAM H. FRANKEL
William H. Frankel (pro hac vice)
Danielle Anne Phillip (pro hac vice)
[e-mail]
[e-mail]

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Dated: October 7, 2015

LECLAIRRYAN LLP

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BY: /s/ PETER M. HART
Peter M. Hart
[e-mail]

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Attorneys for Defendants
BRITISH AIRWAYS PLC and SWISS
INTERNATIONAL AIR LINES LTD.

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Dated: October 7, 2015

FENWICK & WEST LLP

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BY: /s/ JEDEDIAH WAKEFIELD
Jedediah Wakefield
Sebastian E. Kaplan
[e-mail]
[e-mail]

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Attorneys for Defendant
TRAVIX TRAVEL USA INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

10/7/15
The Honorable Richard G. Seeborg
United States District Court Judge

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JOINT STIPULATION TO TRANSFER CASE

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TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

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