Hotel Airport International et al v. Best Western International Incorporated
| David Tirri and Hotel Airport Incorporated |
| Best Western International Incorporated |
| 2:2019cv01393 |
| March 1, 2019 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Property Rights: Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 48 AMENDED COMPLAINT against Best Western International Incorporated filed by Hotel Airport Incorporated, David Tirri. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Valiente, Rafael) |
Filing 47
ORDER pursuant to #45 Stipulation: Plaintiff is allowed five (5) days from the entry of this Order on the Docket to file the Amended Complaint. Defendant is allowed ten (10) days from the filing of the Amended Complaint to file its Answer to the Amended Complaint. Signed by Judge Douglas L Rayes on 4/24/2019. (MMO)
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| Filing 46 NOTICE of Appearance by Michael Anthony DiGiacomo on behalf of Best Western International Incorporated. (DiGiacomo, Michael) |
| Filing 45 STIPULATION re: #1 Complaint allowing the filing of the Amended Complaint and period to file Answer to the Amended Complaint by Hotel Airport Incorporated, David Tirri. (Valiente, Rafael) |
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Filing 44
ORDER granting #43 Motion for Withdrawal of Counsel. Attorney Mauricio O. Muiz Luciano and his firm, Marini Pietrantoni Muiz LLC, withdrawn as co-counsel. Signed by Judge Douglas L Rayes on 4/5/2019. (MMO)
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| Filing 43 MOTION to Withdraw of Counsel by Best Western International Incorporated. (Attachments: #1 Text of Proposed Order)(Kokanovich, Mark) |
| Filing 42 Corporate Disclosure Statement by Hotel Airport Incorporated, David Tirri. (Valiente, Rafael) |
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Filing 41
ORDER that Hotel Airport Incorporated file its Corporate Disclosure Statement within 10 business days. Signed by Judge Douglas L Rayes on 3/25/2019. Corporate Disclosure Statement Deadline set as to Hotel Airport Incorporated. (Attachments: #1 Corporate Disclosure Statement)(MMO)
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Filing 40
ORDER: IT IS ORDERED granting #38 Plaintiff's Motion Requesting Leave to Appear by Telephone or for Rescheduling of Hearing. Counsel for Plaintiff may appear telephonically for the Rule 16 Scheduling Conference scheduled for May 16, 2019 at 4:30 p.m. Counsel for Plaintiff shall participate by landline only by calling 602-322-7530. The use of cellular phones is not permitted. Signed by Judge Douglas L Rayes on 3/14/19. (JAMA)
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| Filing 39 NOTICE TO FILER OF DEFICIENCY re: #38 MOTION Leave to appear by telephone or that hearing be rescheduled re: #36 Order, Set/Reset Hearings filed by David Tirri, Hotel Airport Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Document not in compliance with LRCiv 7.1(a)(1) as to formatting of the title page. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) |
| Filing 38 * MOTION Leave to appear by telephone or that hearing be rescheduled re: #36 Order, Set/Reset Hearings by Hotel Airport Incorporated, David Tirri. (Valiente, Rafael) * Document not in compliance with Local Rule; attorney noticed on 3/14/2019 (LAD). |
| Filing 37 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Hotel Airport Incorporated, David Tirri. (Valiente, Rafael) |
| Remark: Pro hac vice motion granted for Rafael A Gonzalez Valiente on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 36
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 5/16/2019 at 04:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 3/1/2019. (MMO)
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Filing 35
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 3/1/2019. (MMO)
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| Filing 34 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (MAP) |
| Filing 33 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MAP) |
| Filing 32 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Hotel Airport Incorporated. (MAP) |
| Filing 31 Letter Re Transfer of 3:18-cv-1216-WGY from the District of Puerto Rico to the District of Arizona. New Case Number: CV-19-1393-PHX-DLR. (MAP) |
| Filing 30 CASE TRANSFERRED IN from District of Puerto Rico; Case Number 3:18-cv-01216 . Original file certified copy of transfer order and docket sheet received |
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Filing 29
ORDER re #9 . Signed by Judge William G. Young on 2/26/2019.(EES) [Transferred from prd on 3/1/2019.]
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| Filing 28 Supplemental Motion to Opposition to Motion to Dismiss or Transfer of Venue re: #17 Response to Motion, #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case , 26 Motion Hearing,, #27 Supplemental Motion Post-Hearing Supplemental Brief on Motion to Dismiss re: #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case filed by Rafael A. Gonzalez-Valiente on behalf of Hotel Airport, Inc. Responses due by 3/7/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #17 , #9 , 26 , #27 ) (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
| Filing 27 Supplemental Motion Post-Hearing Supplemental Brief on Motion to Dismiss re: #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case filed by Mauricio O. Muniz-Luciano on behalf of Best Western International Incorporated Responses due by 3/7/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #9 ) (Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
| Filing 26 Minute Order. Proceedings held before Judge William G. Young: Motion Hearing held on 2/14/2019 re #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case filed by Best Western International Incorporated. The Court hears arguments by counsel and takes the matter under advisement. Any supplemental briefing shall be filed within seven (7) days. (Court Reporter Richard Romanow (bulldog@richromanow.com).)Hearing set for 03:00.Hearing held at 03:20.Hearing ended at 03:35. (jg) [Transferred from prd on 3/1/2019.] |
| Filing 25 First MOTION for Leave to File Document Amended Complaint filed by Rafael A. Gonzalez-Valiente on behalf of All Plaintiffs Responses due by 2/28/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Exhibit I-Logo, #3 Exhibit Exhibit 2-SIHA Website, #4 Exhibit Exhibit 3-BW Screen Shots 2017, #5 Exhibit Exhibit 4-BW Screen Shots 2018, #6 Exhibit Exhibit 5-YELP Website, #7 Exhibit Exhibit 6- BW Screen Shots - Room unavailable)(Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
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Filing 24
ORDER denying #23 Motion to Continue. "Motion denied." Signed by Judge William G. Young on 2/12/2019. (EES) [Transferred from prd on 3/1/2019.]
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| Filing 23 Emergency MOTION to Continue Hearing Scheduled for February 14, 2019 filed by Rafael A. Gonzalez-Valiente on behalf of Hotel Airport, Inc., David Tirri Responses due by 2/25/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
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Filing 22
ORDER Setting Hearing on Motion #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case : Motion Hearing set for 2/14/2019 03:00 PM (2:00 PM EST) in Courtroom 5 before Judge William G. Young by video conference.Signed by Judge William G. Young on 2/7/2019.(jg) [Transferred from prd on 3/1/2019.]
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| Filing 21 CERTIFICATE OF SERVICE by Hotel Airport, Inc., David Tirri re #8 Certificate of Service Supplement (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
| Filing 20 REPLY to Response to Motion in support of Motion to Dismiss Plaintiffs' Complaint or, in the alternative, to transfer venue filed by Best Western International Incorporated Re: #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case filed by Best Western International Incorporated filed by Best Western International Incorporated. (Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
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Filing 19
ORDER granting #18 Motion for Leave to File Signed by Judge William G. Young on 9/25/2018. (EES) [Transferred from prd on 3/1/2019.]
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| Filing 18 MOTION for Leave to File Document Reply to Plaintiffs' Opposition to the Motion to Dismiss filed by Mauricio O. Muniz-Luciano on behalf of Best Western International Incorporated Responses due by 10/9/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - Tendered Reply Brief)(Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
| Filing 17 RESPONSE to Motion to Dismiss or in the alternative to Transfer Venue filed by All Plaintiffs Re: #9 MOTION to Dismiss for Failure to State a Claim MOTION to transfer case filed by Best Western International Incorporated filed by All Plaintiffs. (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
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Filing 16
ORDER granting #12 Motion to Appear PHV Signed by Judge William G. Young on 8/27/2018. (jg) [Transferred from prd on 3/1/2019.]
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Filing 15
ORDER granting #11 Motion to Appear PHV. Signed by Judge William G. Young on 8/27/2018. (jg) [Transferred from prd on 3/1/2019.]
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Filing 14
ORDER granting #13 Motion for extension of time until 30 days to to file a response to the Motion to Dismiss or in the Alternative to Transfer Venue. Signed by Judge William G. Young on 8/27/2018. (jg) [Transferred from prd on 3/1/2019.]
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| Filing 13 MOTION for extension of time until 30 days to to file a response to the Motion to Dismiss or in the Alternative to Transfer Venue filed Bestwestern International Incorporated filed by Rafael A. Gonzalez-Valiente on behalf of Hotel Airport, Inc., David Tirri Responses due by 8/23/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
| Filing 12 Motion to allow Mark S. Kokanovich to appear pro hac vice (Pro Hac fee $300 receipt number 0104-5979364) filed by Mauricio O. Muniz-Luciano on behalf of Best Western International Incorporated Responses due by 8/10/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
| Filing 11 Motion to allow Brian W. LaCorte to appear pro hac vice (Pro Hac fee $300 receipt number 0104-5979355) filed by Mauricio O. Muniz-Luciano on behalf of Best Western International Incorporated Responses due by 8/10/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
| Filing 10 Corporate Disclosure Statement byBest Western International Incorporated. (Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
| Filing 9 MOTION to Dismiss for Failure to State a Claim ( Responses due by 8/10/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.), MOTION to transfer case ( Responses due by 8/6/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.) filed by Mauricio O. Muniz-Luciano on behalf of Best Western International Incorporated (Attachments: #1 Affidavit Affidavit of Mr. Jay Pricher, #2 Exhibit Exhibits to Affidavit of Mr. Jay Pricher)(Muniz-Luciano, Mauricio) [Transferred from prd on 3/1/2019.] |
| Filing 8 CERTIFICATE OF SERVICE by Hotel Airport, Inc., David Tirri (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
| Filing 7 Summons Issued as to Best Western International Incorporated (Attachments: #1 Summons) (ad) [Transferred from prd on 3/1/2019.] |
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Filing 6
ORDER granting #5 Motion for Issuance of Summons. "Motion allowed. Summons shall issue." Signed by Judge William G. Young on 7/5/2018. (EES) [Transferred from prd on 3/1/2019.]
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| Filing 5 MOTION for Issuance of Summons to Best Western International as to Hotel Airport, Inc., David Tirri filed by Rafael A. Gonzalez-Valiente on behalf of Hotel Airport, Inc., David Tirri Responses due by 6/22/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons)(Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
| Filing 4 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge William G Young (arg) [Transferred from prd on 3/1/2019.] |
| Filing 3 NOTICE of Filing Exhibits re #1 Complaint, filed by David Tirri, Hotel Airport, Inc. (Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
| Filing 2 CLERK'S NOTICE OF DEFECTIVE FILING Civil Cover Sheet (JS44), and Category Sheet not included electronically pursuant to L.Civ.R. 3(a). Notice of Compliance Deadline due by 4/19/2018. (arg) [Transferred from prd on 3/1/2019.] |
| Filing 1 COMPLAINT against Best Western International Incorporated ( Filing fee $400 receipt number 0104-5831628.), filed by Hotel Airport, Inc., David Tirri. Service due by 7/16/2018, (Attachments: #1 Exhibit Logo, #2 Exhibit SJHA Website, #3 Exhibit BW Screen Shots 2017, #4 Exhibit BW Screen Shot 2018, #5 Exhibit Yelp Website, #6 Exhibit BW Screen Shot-room unavailable)(Gonzalez-Valiente, Rafael) [Transferred from prd on 3/1/2019.] |
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