KINON SURFACE DESIGN INC. v. Hyatt International Corporation et al
| KINON SURFACE DESIGN INC. |
| Expedia, Inc., Travelscape, LLC, Hyatt International Corporation, Hyatt International Hotel Management (Beijing) Co., Ltd., Tripadvisor LLC, China Resources (Dalian) Co., Ltd., Orbitz, LLC, Hyatt International Technical Services, Inc., LEONARDO WORLDWIDE CORPORATION, Hyatt of China Limited, Trivago N.V., Booking Holdings Inc., Shiji (US) Inc. and Hotels.com, L.P. |
| 9:2019cv81123 |
| August 8, 2019 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Copyright |
| 17 U.S.C. § 0501 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 56 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Hyatt of China Limited served on 9/29/2019, answer due 10/21/2019. (Rothman, Joel) |
| Filing 55 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Hyatt International Hotel Management (Beijing) Co., Ltd. served on 9/29/2019, answer due 10/21/2019. (Rothman, Joel) |
Filing 54
Order Dismissing Defendants Orbitz, LLC, Travelscape, LLC, Expedia, Inc. and Hotels.com, L.P. Signed by Judge Donald M. Middlebrooks on 10/3/2019. See attached document for full details. (ebz)
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Filing 53
Order Dismissing Defendant Shiji (US) Inc. Signed by Judge Donald M. Middlebrooks on 10/3/2019. See attached document for full details. (ebz)
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| Filing 52 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,,, Motion to Dismiss for Failure to State a Claim, and Motion to Dismiss for Improper Venue by Hyatt International Corporation, Hyatt International Technical Services, Inc.. Responses due by 10/15/2019 (Attachments: #1 Exhibit Ex. A -- HITS - Gary Dollens Declaration, #2 Exhibit Ex. B-- HIC - Chris Urbanski-Declaration, #3 Exhibit EX. C -- HIC- Gary Dollens Declaration)(Luck, David) |
| Filing 51 NOTICE of Voluntary Dismissal of Defendants Expedia, Inc., Travelscape, LLC, Hotels.com, L.P. and Orbitz, LLC only by KINON SURFACE DESIGN INC. (Rothman, Joel) |
| Filing 50 Agreed MOTION for Leave to File Motion to Dismiss in Excess of Twenty Pages by Hyatt International Corporation, Hyatt International Technical Services, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Luck, David) |
| Filing 49 NOTICE of Voluntary Dismissal of Shiji (US) Inc., Only by KINON SURFACE DESIGN INC. (Rothman, Joel) |
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Filing 48
Order Dismissing Defendant Tripadvisor LLC. Claims against Defendant Tripadvisor LLC is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donald M. Middlebrooks on 9/25/2019. See attached document for full details. (ebz)
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| Filing 47 NOTICE of Voluntary Dismissal of TripAdvisor LLC, only by KINON SURFACE DESIGN INC. (Rothman, Joel) |
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Filing 46
PAPERLESS ORDER granting #45 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys James Rosenfeld and Abigail Everdell. Signed by Judge Donald M. Middlebrooks on 9/19/2019. (kal)
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| Filing 45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Rosenfeld and Abigail Everdell. Filing Fee $ 150.00 Receipt # 113C-11995287 by Tripadvisor LLC. Responses due by 10/2/2019 (Attachments: #1 Certification James Rosenfeld, #2 Certification Abigail Everdell, #3 Text of Proposed Order)(Falce, Deana) |
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Filing 44
PAPERLESS ORDER granting #42 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan D. Goins. Signed by Judge Donald M. Middlebrooks on 9/18/2019. (kal)
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Filing 43
ORDER SETTING TRIAL AND PRETRIAL SCHEDULE AND REFERRING CASE TO MEDIATION. GRANTING IN PART #35 Motion for Extension of Time. The Parties' Proposed Scheduling Order DE#36 is ADOPTED. Amended Pleadings due by 10/29/2019. Discovery due by 1/31/2020. Expert Discovery due by 1/31/2020. Fact Discovery due by 1/31/2020. Joinder of Parties due by 10/29/2019. Mediation Deadline 2/28/2020. Dispositive Motions due by 2/17/2020. In Limine Motions due by 3/9/2020. Motions due by 2/17/2020. Joint Pretrial Stipulation due by 3/9/2020. Calendar Call set for 4/8/2020 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 4/12/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 9/17/2019. See attached document for full details. (ebz)
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| Filing 42 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan D. Goins. Filing Fee $ 75.00 Receipt # 113C-11991167 by Hyatt International Corporation, Hyatt International Technical Services, Inc.. Responses due by 10/1/2019 (Attachments: #1 Text of Proposed Order)(Luck, David) |
| Filing 41 Clerks Notice to Filer re #35 MOTION for Extension of Time to Alter Trial Date, Establish Briefing Schedule, Extend Initial Case Deadlines, Impose Plan for International Service and Hold Case Management Conference re #8 Scheduling Order,,. Wrong Filer Name(s) Selected; ERROR - The wrong filer names were selected. The correction was made by the Clerk. It is not necessary to refile this document. (jas) |
| Filing 40 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 9/13/2019. Attorney Appearance(s): Joel Benjamin Rothman, Craig Anthony Wirth, Jeffrey J. Catalano, Todd Randall Ehrenreich, Jenna Leigh Fischman, David Lanier Luck, Juan Jose Farach, Jr, Brian Morera. Order to follow. Total time in court: 50 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (gm1) |
| Filing 39 RESPONSE in Opposition re #35 MOTION for Extension of Time to Alter Trial Date, Establish Briefing Schedule, Extend Initial Case Deadlines, Impose Plan for International Service and Hold Case Management Conference re #8 Scheduling Order,, filed by KINON SURFACE DESIGN INC.. Replies due by 9/20/2019. (Rothman, Joel) |
| Filing 38 Certificate of Other Affiliates/Corporate Disclosure Statement by Hyatt International Corporation, Hyatt International Technical Services, Inc. identifying Corporate Parent Hyatt Hotels Corporation for Hyatt International Corporation, Hyatt International Technical Services, Inc. (Luck, David) |
| Filing 37 NOTICE of Attorney Appearance by Deana Davis Falce on behalf of Tripadvisor LLC. Attorney Deana Davis Falce added to party Tripadvisor LLC(pty:dft). (Falce, Deana) |
| Filing 36 Joint SCHEDULING REPORT - Rule 26(f) by KINON SURFACE DESIGN INC. (Attachments: #1 Text of Proposed Order)(Rothman, Joel) |
| Filing 35 MOTION for Extension of Time to Alter Trial Date, Establish Briefing Schedule, Extend Initial Case Deadlines, Impose Plan for International Service and Hold Case Management Conference re #8 Scheduling Order,, by Expedia, Inc., Hotels.com, L.P., Hyatt International Corporation, Hyatt International Technical Services, Inc., Orbitz, LLC, Shiji (US) Inc., Travelscape, LLC, Tripadvisor LLC. Attorney David Lanier Luck added to party Expedia, Inc.(pty:dft), Attorney David Lanier Luck added to party Hotels.com, L.P.(pty:dft), Attorney David Lanier Luck added to party Orbitz, LLC(pty:dft), Attorney David Lanier Luck added to party Shiji (US) Inc.(pty:dft), Attorney David Lanier Luck added to party Travelscape, LLC(pty:dft), Attorney David Lanier Luck added to party Tripadvisor LLC(pty:dft). Responses due by 9/26/2019 (Attachments: #1 Text of Proposed Order)(Luck, David) |
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Filing 34
PAPERLESS ORDER granting #32 Defendant's Unopposed Motion for Extension of Time. Defendant Shiji (US) seeks an extension of time within which to respond to Plaintiff's Complaint (DE #1 ). Defendant states that it was served on August 14, 2019 and undersigned counsel was retained on September 9, 2019. I find good cause to grant this extension. Therefore, the deadline for Defendant Shiji (US) to respond to Plaintiff's Complaint is extended to September 30, 2019. This deadline will not be extended further absent a compelling showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 9/11/2019. (kal)
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| Filing 33 Clerks Notice to Filer re #32 Unopposed MOTION for Extension of Time to Respond to Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 32 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Shiji (US) Inc.. Attorney Patrick James O'Connor added to party Shiji (US) Inc.(pty:dft). Responses due by 9/23/2019 (Attachments: #1 Exhibit A)(O'Connor, Patrick) Modified Relief on 9/11/2019 (ls). |
| Filing 31 NOTICE of Attorney Appearance by Jenna Leigh Fischman on behalf of Hyatt International Corporation, Hyatt International Technical Services, Inc.. Attorney Jenna Leigh Fischman added to party Hyatt International Corporation(pty:dft), Attorney Jenna Leigh Fischman added to party Hyatt International Technical Services, Inc.(pty:dft). (Fischman, Jenna) |
| Filing 30 NOTICE of Attorney Appearance by David Lanier Luck on behalf of Hyatt International Corporation, Hyatt International Technical Services, Inc. (Luck, David) |
| Filing 29 NOTICE of Attorney Appearance by Todd Randall Ehrenreich on behalf of Hyatt International Corporation, Hyatt International Technical Services, Inc.. Attorney Todd Randall Ehrenreich added to party Hyatt International Corporation(pty:dft), Attorney Todd Randall Ehrenreich added to party Hyatt International Technical Services, Inc.(pty:dft). (Ehrenreich, Todd) |
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Filing 28
PAPERLESS ORDER granting #22 Defendants' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey J. Catalano. Jeffrey J. Catalano may participate in this matter on behalf of Defendants Expedia, Inc., Hotels.com, L.P., Orbitz,LLC, and Travelscape, LLC. The Clerk of Court shall provide all electronic filings to Jeffrey J. Catalano at jcatalano@freeborn.com. Signed by Judge Donald M. Middlebrooks on 9/1/2019. (kal)
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Filing 27
PAPERLESS ORDER granting #18 Motion for Extension of Time, granting in part #20 Motion for Extension, and granting in part #24 Motion for Extension of Time. Good cause having been shown, the deadline for the following Defendants to Answer the Complaint is extended to September 30, 2019: Hyatt International Corporation, Hyatt International Technical Services Inc., Expedia Inc., Hotels.com L.P., Tripadvisor LLC, Orbitz LLC, and Travelscape LLC. Defendants are advised that this deadline will not be extended further absent a compelling showing of good cause supported by specific facts as to the basis for the moving party's inability to meet the extended deadline. All Parties are advised that future extensions of this or any other litigation deadline in this matter will be denied unless the moving party can establish that the deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 9/1/2019. (kal)
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| Filing 26 RESPONSE in Opposition re #18 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, (HIC and HITS) filed by KINON SURFACE DESIGN INC.. Replies due by 9/6/2019. (Rothman, Joel) |
| Filing 25 NOTICE of Attorney Appearance by Juan Jose Farach, Jr on behalf of Tripadvisor LLC. Attorney Juan Jose Farach, Jr added to party Tripadvisor LLC(pty:dft). (Farach, Juan) |
| Filing 24 MOTION for Extension of Time to File Response/Reply/Answer by Tripadvisor LLC. Attorney John Kressfield Shubin added to party Tripadvisor LLC(pty:dft). (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion of Defendant, TripAdvisor, LLC for Extension of Time to Respond to Complaint)(Shubin, John) |
| Filing 23 Corporate Disclosure Statement by Expedia, Inc., Hotels.com, L.P., Orbitz, LLC, Travelscape, LLC identifying Corporate Parent Expedia Group, Inc., Corporate Parent Hotels.com GP, LLC, Corporate Parent HRN 99 Holdings, LLC for Hotels.com, L.P.; Corporate Parent Expedia Group, Inc., Corporate Parent Expedia, Inc. for Expedia, Inc., Orbitz, LLC, Travelscape, LLC (Stearns, Jason) |
| Filing 22 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey J. Catalano. Filing Fee $ 75.00 Receipt # 113C-11942851 by Expedia, Inc., Hotels.com, L.P., Orbitz, LLC, Travelscape, LLC. Responses due by 9/11/2019 (Attachments: #1 Text of Proposed Order Exhibit 1: Proposed Order)(Stearns, Jason) |
| Filing 21 Clerks Notice to Filer re #19 Certificate of Other Affiliates/Corporate Disclosure Statement,. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (jas) |
| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Expedia, Inc., Hotels.com, L.P., Orbitz, LLC, Travelscape, LLC. (Attachments: #1 Text of Proposed Order)(Stearns, Jason) |
| Filing 19 Corporate Disclosure Statement by Expedia, Inc., Hotels.com, L.P., Orbitz, LLC, Travelscape, LLC identifying Corporate Parent Hotels.com GP, LLC, Corporate Parent HRN 99 Holdings, LLC for Hotels.com, L.P.; Corporate Parent Orbitz, Inc., Corporate Parent Orbitz Worldwide, Inc., Corporate Parent Orbitz Worldwide, LLC for Orbitz, LLC (Stearns, Jason) |
| Filing 18 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Hyatt International Corporation, Hyatt International Technical Services, Inc.. Attorney David Lanier Luck added to party Hyatt International Corporation(pty:dft), Attorney David Lanier Luck added to party Hyatt International Technical Services, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Ex. A - Proposed Order)(Luck, David) |
| Filing 17 NOTICE of Attorney Appearance by Jason Paul Stearns on behalf of Expedia, Inc., Hotels.com, L.P., Orbitz, LLC, Travelscape, LLC. Attorney Jason Paul Stearns added to party Expedia, Inc.(pty:dft), Attorney Jason Paul Stearns added to party Hotels.com, L.P.(pty:dft), Attorney Jason Paul Stearns added to party Orbitz, LLC(pty:dft), Attorney Jason Paul Stearns added to party Travelscape, LLC(pty:dft). (Stearns, Jason) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Travelscape, LLC served on 8/13/2019, answer due 9/3/2019. (Rothman, Joel) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Tripadvisor LLC served on 8/9/2019, answer due 8/30/2019. (Rothman, Joel) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Orbitz, LLC served on 8/9/2019, answer due 8/30/2019. (Rothman, Joel) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Hotels.com, L.P. served on 8/9/2019, answer due 8/30/2019. (Rothman, Joel) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Expedia, Inc. served on 8/9/2019, answer due 8/30/2019. (Rothman, Joel) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Hyatt International Technical Services, Inc. served on 8/9/2019, answer due 8/30/2019. (Rothman, Joel) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Hyatt International Corporation served on 8/9/2019, answer due 8/30/2019. (Rothman, Joel) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KINON SURFACE DESIGN INC.. Shiji (US) Inc. served on 8/14/2019, answer due 9/4/2019. (Rothman, Joel) |
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Filing 8
ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE Jury Trial set for 4/13/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 4/8/2020 01:15 PM before Judge Donald M. Middlebrooks. Scheduling Conference set for 9/13/2019 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 8/16/2019. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 7
ORDER TRANSFERRING CASE to Judge Donald M. Middlebrooks for all further proceedings, accepted and signed on 8/13/2019. Judge Roy K. Altman no longer assigned to case. Signed by Judge Roy K. Altman on 8/12/2019. See attached document for full details. (ls)
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| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s))(ebz) |
| Filing 5 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Copy of Complaint, Exhibits, and AO 121 mailed out). (ebz) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by KINON SURFACE DESIGN INC. (Rothman, Joel) |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by KINON SURFACE DESIGN INC. (Rothman, Joel) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ebz) |
| Filing 1 COMPLAINT for Copyright Infringement (Injunctive Relief Demanded) against All Defendants. Filing fees $ 400.00 receipt number 113C-11885918, filed by KINON SURFACE DESIGN INC.. (Attachments: #1 Exhibit 1 - Deposit Material, #2 Exhibit 2 - Registration, #3 Civil Cover Sheet, #4 Summon(s) Booking Holdings, #5 Summon(s) China Resources Dalian, #6 Summon(s) Expedia, #7 Summon(s) Hotels.com, #8 Summon(s) Hyatt International Corp, #9 Summon(s) Hyatt International Hotel Mgmt. Beijing, #10 Summon(s) Hyatt International Technical, #11 Summon(s) Hyatt of China, #12 Summon(s) Leonardo, #13 Summon(s) Orbitz, #14 Summon(s) Shiji, #15 Summon(s) Travelscape, #16 Summon(s) Tripadvisor, #17 Summon(s) trivago)(Rothman, Joel) |
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