Wanderlust Creative, Inc. et al v. 12 Interactive, LLC et al
| Wanderlust Creative, Inc., Tina Brady and Jamee Stein |
| 12 Interactive, LLC doing business as Perkspot and Expedia, Inc. |
| 1:2023cv10630 |
| December 6, 2023 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 30
ORDER: By Order of Reference dated January 30, 2024 (ECF 28), Judge Arun Subramanian referred this case to Magistrate Judge Valerie Figueredo for settlement. On January 31, 2024, that referral was reassigned to me. IT IS HEREBY ORDERED that, by Monday, February 5, 2024, the parties are to submit a joint letter stating whether they prefer a settlement conference in the month of March, or one to be held later, in June, after the parties have begun exchanging discovery. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/31/2024) (ama)
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for Settlement. Magistrate Judge Valerie Figueredo no longer referred to the case. (laq) |
| Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq) |
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The case is to be tried to a jury. All discovery is to be completed by July 24, 2024 (Plaintiffs' proposal) or August 23, 2024 (Defendants' proposal). Post-discovery summary judgment motions in the form prescribed by the Court's Individual Practices shall be served by: Plaintiffs; proposal: Opening papers: Aug. 23, 2024. Answering papers: Sept. 13, 2024. Replies: Sept. 27, 2024. Defendants' proposal: Opening papers: Sept. 23, 2024. Answering papers: Oct. 14, 2024. Replies: Oct. 28, 2024. Each party must file its respective papers on the same date that such papers are served. SO ORDERED. Amended Pleadings due by 2/28/2024. Joinder of Parties due by 2/28/2024. Motions due by 9/23/2024. Responses due by 10/14/2024 Replies due by 10/28/2024. Deposition due by 7/8/2024. Discovery due by 8/23/2024. (Signed by Judge Arun Subramanian on 1/30/2024) (vfr)
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Filing 28
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Valerie Figueredo. The parties are directed to contact the Chambers of Magistrate Judge Figueredo no later than February 5, 2024 to request a settlement conference. (Signed by Judge Arun Subramanian on 1/30/2024) (mml)
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| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Expedia Group, Inc. for Expedia, Inc.. Document filed by Expedia, Inc...(Gekas, Jami) |
| Minute Entry for proceedings held before Judge Arun Subramanian: Initial Pretrial Conference held on 1/29/2024. Nate Kleinman present for Plaintiff. Robert S. Weisbein and Jami Gekas present for Defendants. (kh) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 12 Interactive, LLC..(Gekas, Jami) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by Expedia, Inc.. (Attachments: #1 Exhibit 1).(Weisbein, Robert) |
| Filing 24 MOTION to Dismiss . Document filed by Expedia, Inc...(Weisbein, Robert) |
| Filing 23 JOINT LETTER addressed to Judge Arun Subramanian from Nate A. Kleinman dated January 25, 2024 re: Rule 26 conference. Document filed by Tina Brady, Jamee Stein, Wanderlust Creative, Inc.. (Attachments: #1 Exhibit Proposed CMP).(Kleinman, Nathaniel) |
| Filing 22 ANSWER to #1 Complaint,. Document filed by 12 Interactive, LLC..(Weisbein, Robert) |
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Filing 21
ORDER GRANTING ADMISSION OF JAMI A. GEKAS PRO HAC VICE granting #20 Motion for Jami A. Gekas to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at ECF No. 20. SO ORDERED. (Signed by Judge Arun Subramanian on 1/17/2024) (vfr)
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| Filing 20 AMENDED MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 12 Interactive, LLC, Expedia, Inc.. (Attachments: #1 Affidavit of Jami A. Gekas, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Weisbein, Robert) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 12 Interactive, LLC, Expedia, Inc.. (Attachments: #1 Affidavit of Jami A. Gekas, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Weisbein, Robert) Modified on 1/16/2024 (va). |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 12 Interactive, LLC, Expedia, Inc.. (Attachments: #1 Proposed Order of Jami A. Gekas).(Weisbein, Robert) Modified on 1/16/2024 (va). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Courts of Colorado, Indiana, and Wisconsin. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 AMENDED MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois; missing declaration or notarized affidavit pursuant to Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 AMENDED MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): INK SIGNATURE required by applicant when not using own PACER account. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 AMENDED MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jami A. Gekas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 12 Interactive, LLC, Expedia, Inc. (Attachments: #1 Affidavit of Jami A. Gekas, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Weisbein, Robert) Modified on 1/16/2024 (va). |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jami A. Gekas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28806600. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 12 Interactive, LLC, Expedia, Inc.. (Attachments: #1 Affidavit of Jami A. Gekas, #2 Proposed Order on Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Weisbein, Robert) Modified on 1/12/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for Jami A. Gekas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28806600. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Filing under an another individual's Pacer account requires a wet signature on the documents including the Motion from the attorney requesting Pro Hac Status or you must create your own Pacer account to apply for Pro Hac Vice;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Arun Subramanian from Robert S. Weisbein dated January 2, 2024., #1 Complaint,. Defendants' request is GRANTED. In addition, the initial pretrial conference is hereby rescheduled to January 29, 2024 at 2:45 PM. The Clerk of Court is directed to terminate the motion at ECF No. 14. SO ORDERED. 12 Interactive, LLC answer due 1/25/2024; Expedia, Inc. answer due 1/25/2024. (Signed by Judge Arun Subramanian on 1/3/2024) (tg)
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| Set/Reset Hearings: Initial Conference set for 1/29/2024 at 02:45 PM before Judge Arun Subramanian. (tg) |
| Filing 14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Arun Subramanian from Robert S. Weisbein dated January 2, 2024. Document filed by 12 Interactive, LLC, Expedia, Inc...(Weisbein, Robert) |
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Filing 13
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on January 22, 2024 at 10:45 AM. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 497 224 332, followed by the pound (#) sign. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. Additionally, in accordance with Paragraph 4.D of the Court's Individual Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the conference date. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-arun-subramanian. Any open legal issues can be addressed at the conference. The joint letter shall not exceed three (3) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Practices to that party personally. SO ORDERED. ( Initial Conference set for 1/22/2024 at 10:45 AM before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 12/27/23) (yv)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Expedia, Inc. served on 12/14/2023, answer due 1/4/2024. Service was accepted by Ingrid Lopez, Intake Specialist. Document filed by Wanderlust Creative, Inc.; Jamee Stein; Tina Brady..(Kleinman, Nathaniel) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. 12 Interactive, LLC served on 12/14/2023, answer due 1/4/2024. Service was accepted by Petrona Doe, Employee. Document filed by Wanderlust Creative, Inc.; Jamee Stein; Tina Brady..(Kleinman, Nathaniel) |
| Filing 10 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to 12 Interactive, LLC..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Expedia, Inc...(pc) |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(pc) |
| Filing 7 NOTICE OF APPEARANCE by Kevin Patrick McCulloch on behalf of Tina Brady, Jamee Stein, Wanderlust Creative, Inc...(McCulloch, Kevin) |
| Filing 6 CIVIL COVER SHEET filed..(Kleinman, Nathaniel) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Expedia, Inc., re: #1 Complaint,. Document filed by Tina Brady, Jamee Stein, Wanderlust Creative, Inc...(Kleinman, Nathaniel) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 12 Interactive, LLC d/b/a Perkspot, re: #1 Complaint,. Document filed by Tina Brady, Jamee Stein, Wanderlust Creative, Inc...(Kleinman, Nathaniel) |
| Filing 3 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Kleinman, Nathaniel) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tina Brady, Jamee Stein, Wanderlust Creative, Inc...(Kleinman, Nathaniel) |
| Filing 1 COMPLAINT against 12 Interactive, LLC, Expedia, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28658291)Document filed by Wanderlust Creative, Inc., Jamee Stein, Tina Brady. (Attachments: #1 Exhibit 1 - WCI Photograph, #2 Exhibit 2 - Screen capture).(Kleinman, Nathaniel) |
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