HotelsbyDay, LLC v. DayUSe SAS
Plaintiff: HotelsbyDay, LLC
Defendant: DayUse SAS and DayStay LLC
Case Number: 1:2021cv07772
Filed: September 16, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2021 Filing 24 DECLARATION of David Lebee in Support re: #22 MOTION to Dismiss First Amended Complaint. MOTION to Seal Exhibit A to Plaintiff's First Amended Complaint.. Document filed by DayStay LLC..(Sholder, Scott)
November 3, 2021 Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss First Amended Complaint. MOTION to Seal Exhibit A to Plaintiff's First Amended Complaint. . Document filed by DayStay LLC..(Sholder, Scott)
November 3, 2021 Filing 22 MOTION to Dismiss First Amended Complaint.( Responses due by 11/17/2021), MOTION to Seal Exhibit A to Plaintiff's First Amended Complaint. Document filed by DayStay LLC..(Sholder, Scott)
November 3, 2021 Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DayUse SAS for DayStay LLC. Document filed by DayStay LLC..(Sholder, Scott)
November 3, 2021 Filing 20 NOTICE OF APPEARANCE by CeCe Cole on behalf of DayStay LLC..(Cole, CeCe)
November 3, 2021 Filing 19 NOTICE OF APPEARANCE by Scott Jonathan Sholder on behalf of DayStay LLC..(Sholder, Scott)
October 28, 2021 Filing 18 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. DayStay LLC served on 10/13/2021, answer due 11/3/2021. Service was accepted by Sylvie Neddam, Accounting. Document filed by HotelsbyDay, LLC..(Postolski, David)
October 8, 2021 Filing 17 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf)
October 8, 2021 Filing 16 ELECTRONIC SUMMONS ISSUED as to DayStay LLC. (vf)
October 8, 2021 Filing 15 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for additional pleading submitted to court for review..(Postolski, David)
October 7, 2021 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #15) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Postolski, David) Modified on 10/8/2021 (lb).
October 7, 2021 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to DayStay LLC, re: #11 Amended Complaint,. Document filed by HotelsbyDay, LLC..(Postolski, David)
October 7, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Postolski to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): Use the standard AO 440 summons form, not the FIOA summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
October 6, 2021 Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DayStay LLC, re: #11 Amended Complaint,. Document filed by HotelsbyDay, LLC..(Postolski, David) Modified on 10/7/2021 (pc).
October 1, 2021 Filing 11 FIRST AMENDED COMPLAINT amending #1 Complaint, against DayUse SAS, DayStay LLC with JURY DEMAND.Document filed by HotelsbyDay, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Postolski, David)
September 24, 2021 Opinion or Order Filing 10 ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that, by December 31, 2021, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: 1. A brief description of the nature of the action and the principal defenses thereto; 2. A brief explanation of why jurisdiction and venue lie in this Court. If any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. If any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners and/or trustees; 3. A brief description of all contemplated and/or outstanding motions; 4. A brief description of any discovery that has already taken place, and/or that which will be necessary for the parties to engage in meaningful settlement negotiations; 5. A brief description of prior settlement discussions (without disclosing the parties' offers or settlement positions) and the prospect of settlement; 6. The estimated length of trial; and 7. Any other information that the parties believe may assist the Court in advancing the case to settlement or trial, including, but not limited to, a description of any dispositive issue or novel issue raised by the case. IT IS FURTHER ORDERED that, by December 31, 2021, the parties jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at https://nysd.uscourts.gov/hon-ronnie-abrams. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with the Court's Electronic Case Filing (ECF) Rules & Instructions, which were updated on April 1, 2020, and are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. Please consult my Individual Rules and Practices with respect to communications with Chambers and related matters. IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on January 7, 2022 at 12:00 pm. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Initial Conference set for 1/7/2022 at 12:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 9/24/2021) (ate)
September 21, 2021 Filing 9 ELECTRONIC SUMMONS ISSUED as to DayUse SAS. (sj)
September 21, 2021 Filing 8 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(sj)
September 20, 2021 Filing 7 CIVIL COVER SHEET filed..(Postolski, David)
September 20, 2021 Filing 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Postolski, David)
September 20, 2021 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to DayUse SAS, re: #1 Complaint,. Document filed by HotelsbyDay, LLC..(Postolski, David)
September 17, 2021 ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney David Postolski to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf)
September 17, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Postolski to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
September 17, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Postolski. The party information for the following party/parties has been modified: HotelsbyDay, DayUse SAS. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party name entered incorrectly. (vf)
September 17, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
September 17, 2021 Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
September 17, 2021 Case Designated ECF. (vf)
September 17, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Postolski to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): plaintiff party name error listed on Summons Caption of form. Plaintiff Party name must correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
September 16, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HotelsbyDay, LLC..(Postolski, David)
September 16, 2021 Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to DayUse SAS, re: #1 Complaint. Document filed by HotelsbyDay,LLC.(Postolski, David) Modified on 9/17/2021 (vf). Modified on 9/17/2021 (vf).
September 16, 2021 Filing 2 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Postolski, David) Modified on 9/17/2021 (vf).
September 16, 2021 Filing 1 COMPLAINT against DayUse SAS. (Filing Fee $ 402.00, Receipt Number ANYSDC-25071675)Document filed by HotelsbyDay, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Postolski, David)

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Plaintiff: HotelsbyDay, LLC
Represented By: David Postolski
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Defendant: DayUse SAS
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Defendant: DayStay LLC
Represented By: Scott Jonathan Sholder
Represented By: CeCe Cole
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