The Wave Studio, LLC v. American Express Company

Filing 28

ORDER RE STIPULATION TO TRANSFER CASE TO THE SOUTHERN DISTRICT OF NEW YORK by Hon. William Alsup granting 27 Stipulation.(whalc1, COURT STAFF) (Filed on 4/30/2015) [Transferred from California Northern on 5/1/2015.]

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1 NATEA.GARHART(CABarNo.196872) (nate@cobaltlaw.com) 2 VIJAY K. TOKE (CA BarNo. 215079) (vijay@cobaltlaw.com) 3 COBALTLLP 4 918 Parker Street, Bldg. A21 Berkeley, CA 94710 5 Telephone: (510) 841-9800 Facsimile: (510) 295-2401 6 7 Attorneys for Plaintiff THE WAVE STUDIO, LLC 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 THE WAVE STUDIO, LLC, aNew York 13 Limited Liability Company, Plaintiff, 14 15 v. Case No.: 3:15-CV-00354-WHA STIPULATION TO TRANSFER CASE TO THE SOUTHERN DISTRICT OF NEW YORK AND (PROPOSED) ORDER THEREON 16 AMERICAN EXPRESS COMPANY, aNew York Corporation, and DOES 1-100, 17 Defendants. 18 19 20 Plaintiff, The Wave Studio, LLC ("Plaintiff'), and Defendant American Express Company ("Amex"), by and through their attorneys of record hereby agree and stipulate as follows: 21 The Parties stipulate that the above-captioned proceeding shall be transferred to the 22 Southern District ofNew York. Amex believes this case is related to litigation currently pending 23 before Hon. Cathy Seibel of the Southern District ofNew York, styled The Wave Studio, LLC v. 24 General Hotel Management, et al., Case No. 7: 13-cv-09239 (S.D.N.Y.)(the "GHM Action") and 25 should therefore be consolidated with the GHM Action. Plaintiff denies this action is related to the 26 GHM Action. The parties agree that the transfer stipulated here is without prejudice as to the issue 27 28 1 STIPULATION TO TRANSFER CASE TO THE SOUTHERN DISTRICT OF NEW YORK AND (PROPOSED) ORDER TIIEREON 1 of consolidation with the GHM Action and that upon transfer to the Southern District ofNew York, 2 Amex may seek to file a motion to consolidate this action with the GHM Action. 3 4 TIIEREFORE, TIIE PARTIES HEREBY STIPULA1E that this action be transferred to the Southern District ofNew York. 5 IT IS SO STIPULATED. 6 DA1ED: April30, 2015 7 COBALTLLP 8 9 By: Is/ Vi jay K. Toke 10 Vijay K. Toke 11 Attorneys for Plaintiff TIIE WAVE STUDIO, LLC 12 DA1ED: April30, 2015 13 AKIN GUMP STRAUSS HAUER & FELD LLP 14 15 By: Is/ Anthony T. Pierce Anthony T. Pierce 16 (Admission by pro hac vice) 17 Attorneys for Defendant AMERICAN EXPRESS COMPANY 18 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 22 Dated: 23 April 30, 2015. Hon. William H. Alsup 24 UNITED STATES DISTRICT JUDGE 25 26 Ill 27 Ill 28 2 STIPULATION TO TRANSFER CASE TO THE SOUTHERN DISTRICT OF NEW YORK AND (PROPOSED) ORDER THEREON

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