The Wave Studio, LLC v. Citibank N.A. et al
The Wave Studio, LLC |
Citibank N.A., Air Canada, Southwest Airlines Co., Emerging Travel Group, Rate Hawk, Zen Hotels, Emerging Travel, Inc., Emerging Travel, Inc. DBA Rate Hawk and Emerging Travel, Inc. DBA Zen Hotels |
7:2022cv05141 |
June 18, 2022 |
US District Court for the Southern District of New York |
Cathy Seibel |
Copyright |
17 U.S.C. § 101 Copyright Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 52 ELECTRONIC SUMMONS ISSUED as to Emerging Travel, Inc.. (sj) |
Filing 51 ELECTRONIC SUMMONS ISSUED as to Emerging Travel, Inc. DBA Rate Hawk..(sj) |
Filing 50 ELECTRONIC SUMMONS ISSUED as to Emerging Travel, Inc. DBA Zen Hotels. (sj) |
Filing 49 REQUEST FOR ISSUANCE OF SUMMONS as to Emerging Travel, Inc. DBA Zen Hotels, re: #46 Amended Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 48 REQUEST FOR ISSUANCE OF SUMMONS as to Emerging Travel, Inc. DBA Rate Hawk, re: #46 Amended Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 47 REQUEST FOR ISSUANCE OF SUMMONS as to Emerging Travel, Inc., re: #46 Amended Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 46 FIRST AMENDED COMPLAINT amending #1 Complaint,,,, #45 Amended Complaint,,,, against Air Canada, Citibank N.A., Southwest Airlines Co., Emerging Travel, Inc., Emerging Travel, Inc. DBA Rate Hawk, Emerging Travel, Inc. DBA Zen Hotels with JURY DEMAND.Document filed by The Wave Studio, LLC. Related document: #1 Complaint,,,, #45 Amended Complaint,,,,. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-E, #6 Exhibit 1-F, #7 Exhibit 1-G, #8 Exhibit 2-A, #9 Exhibit 2-B, #10 Exhibit 2-C, #11 Exhibit 2-D, #12 Exhibit 3-A, #13 Exhibit 3-B, #14 Exhibit 3-C, #15 Exhibit 3-D, #16 Exhibit 3-E, #17 Exhibit 3-F, #18 Exhibit 4-A, #19 Exhibit 4-B, #20 Exhibit 4-C, #21 Exhibit 4-D, #22 Exhibit 4-E, #23 Exhibit 4-F, #24 Exhibit 4-G, #25 Exhibit 4-H, #26 Exhibit 4-I, #27 Exhibit 4-J, #28 Exhibit 4-K, #29 Exhibit 4-L, #30 Exhibit 4-M, #31 Exhibit 4-N, #32 Exhibit 4-O, #33 Exhibit 5-A, #34 Exhibit 5-B, #35 Exhibit 5-C, #36 Exhibit 5-D, #37 Exhibit 5-E, #38 Exhibit 5-F, #39 Exhibit 5-G, #40 Exhibit 5-H).(Toke, Vijay) |
Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against Air Canada, Citibank N.A., Emerging Travel Group, Rate Hawk, Southwest Airlines Co., Zen Hotels with JURY DEMAND.Document filed by The Wave Studio, LLC. Related document: #1 Complaint,,,,. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-E, #6 Exhibit 1-F, #7 Exhibit 1-G, #8 Exhibit 2-A, #9 Exhibit 2-B, #10 Exhibit 2-C, #11 Exhibit 2-D, #12 Exhibit 3-A, #13 Exhibit 3-B, #14 Exhibit 3-C, #15 Exhibit 3-D, #16 Exhibit 3-E, #17 Exhibit 3-F, #18 Exhibit 4-A, #19 Exhibit 4-B, #20 Exhibit 4-C, #21 Exhibit 4-D, #22 Exhibit 4-E, #23 Exhibit 4-F, #24 Exhibit 4-G, #25 Exhibit 4-H, #26 Exhibit 4-I, #27 Exhibit 4-J, #28 Exhibit 4-K, #29 Exhibit 4-L, #30 Exhibit 4-M, #31 Exhibit 4-N, #32 Exhibit 4-O, #33 Exhibit 5-A, #34 Exhibit 5-B, #35 Exhibit 5-C, #36 Exhibit 5-D, #37 Exhibit 5-E, #38 Exhibit 5-F, #39 Exhibit 5-G, #40 Exhibit 5-H).(Toke, Vijay) Modified on 8/11/2022 (pc). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Vijay K. Toke to RE-FILE re: Document No. #45 Amended Complaint,,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Emerging Travel Inc. to CM ECF. Add Emerging Travel Inc. with the alias dba "Rate Hawk" to CM ECF. Add Emerging Travel Inc. with the alias dba "Zen Hotels". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
Filing 44 MEMO ENDORSEMENT on re: #42 Letter filed by The Wave Studio, LLC. ENDORSEMENT: The Court grants Plaintiff leave to amend the Complaint to correct the clerical errors, and Plaintiff may request amended summonses. The stays previously ordered as to the original Complaint will apply to the Amended Complaint. SO ORDERED. (Signed by Judge Cathy Seibel on 8/2/2022) (mml) |
Filing 43 MEMO ENDORSEMENT on re: #41 Letter filed by Citibank N.A. ENDORSEMENT: The Court confirms that the stay (ECF No. 40) and 60-day extension apply to Defendant Citibank. SO ORDERED. (Signed by Judge Cathy Seibel on 8/2/2022) (mml) Modified on 8/2/2022 (mml). |
Filing 42 LETTER addressed to Judge Cathy Seibel from Vijay Toke dated August 2, 2022 re: Errors in defendants, Emerging Travel, Rate Hawk and Zen Hotels' names. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Set/Reset Deadlines: Citibank N.A. answer due 8/31/2022. (mml) |
Filing 41 LETTER addressed to Judge Cathy Seibel from Nicole M. Marschean, Esq. dated August 1, 2022 re: Clarification of Stay, Or In the Alternative, Extend Time to Respond to Plaintiff's Complaint (ECF No. 1). Document filed by Citibank N.A...(Marschean, Nicole) |
Filing 40 STIPULATION TO (1) CONSOLIDATE THIS ACTION WITH THE WAVE STUDIO, LLC V. GENERAL HOTEL MANAGEMENT LTD., ET AL. (CASE NO. 13-CV-09239-CS); (2) STAY THIS ACTION PENDING THE RESOLUTION OF PROCEEDINGS BEFORE THE SINGAPORE COURT; AND (3) EXTEND SOUTHWEST AIRLINES CO.'S DEADLINE TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, as follows: 1. That the above-captioned action be consolidated as a member case to the GHM Action; 2. That the above-captioned action be stayed pending the resolution of the action between Plaintiff and GHM before the Singapore courts; and 3. That, if the above-captioned action is (a) consolidated with the GHM Action and stayed pending the resolution of the action between Plaintiff and GHM before the Singapore court, or (b) not consolidated with the GHM Action as a member case but stayed pending the resolution of the action between Plaintiff and GHM before the Singapore courts, Southwest Airlines Co. will answer or otherwise respond to Plaintiff's complaint within sixty (60) days of the stay being lifted or as otherwise set by the Court in the GHM Action; in the alternative, if (c) the above-captioned action is not consolidated with the GHM Action and is not stayed pending the resolution of the action between Plaintiff and GHM before the Singapore courts, Southwest Airlines Co. will answer or otherwise respond to Plaintiff's complaint by August 29, 2022. SO ORDERED. Case stayed. (Signed by Judge Cathy Seibel on 7/29/2022) (mml) |
CONSOLIDATED MEMBER CASE: Create association to 7:13-cv-09239-CS-PED. (mml) |
Filing 39 PROPOSED STIPULATION AND ORDER. Document filed by Southwest Airlines Co...(McCallion, Kristen) |
Filing 38 NOTICE OF APPEARANCE by Vivian Chiwing Cheng on behalf of Southwest Airlines Co...(Cheng, Vivian) |
Filing 37 NOTICE OF APPEARANCE by Kristen A. McCallion on behalf of Southwest Airlines Co...(McCallion, Kristen) |
Filing 36 CERTIFICATE OF SERVICE of Summons and Complaint,,,,. Citibank N.A. served on 7/11/2022, answer due 8/1/2022. Service was accepted by Kevin Fitzgerald, Legal Operations Coordinator. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Vijay K. Toke to RE-FILE Document No. #34 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name on the 'as to' docket entry text and the PDF 'To' section is not a party of record. 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. (jgo) |
Filing 35 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. Southwest Airlines Co. served on 7/8/2022, answer due 7/29/2022. Service was accepted by Kaneisha Gross, Corporation Service Company as the designated agent of Southwest Airlines Co.. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 34 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Emerging Travel Inc., re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 7/13/2022 (jgo). |
Filing 33 ORDER granting #31 Motion for Vijay K. Toke to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
Filing 32 ORDER granting (276) Motion for Vijay K. Toke to Appear Pro Hac Vice in case 7:13-cv-09239-CS-PED (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-cv-09239-CS-PED et al. (Seibel, Cathy) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Vijay K. Toke 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. (sgz) |
Filing 31 MOTION for Vijay K. Toke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Wave Studio, LLC, The Wave Studio, LLC. (Attachments: #1 Affidavit Affidavit Of Vijay K. Toke In Support Of Motion For Admission Pro Hac Vice, #2 Exhibit A to Affidavit of Vijay K. Toke, #3 Text of Proposed Order Proposed Order Admission Pro Hac Vice)Filed In Associated Cases: 7:22-cv-05141-CS, 7:13-cv-09239-CS-PED.(Toke, Vijay) Modified on 7/5/2022 (sgz). |
Filing 30 ELECTRONIC AMENDED SUMMONS ISSUED as to Southwest Airlines Co...(lal) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #29 MOTION for Vijay K. Toke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26348073. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; Missing Motion;. 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. (sgz) |
Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Vijay K. Toke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26348073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Wave Studio, LLC. (Attachments: #1 Exhibit Ex. A - Certificate of Good Standing)Filed In Associated Cases: 7:22-cv-05141-CS, 7:13-cv-09239-CS-PED.(Toke, Vijay) Modified on 6/30/2022 (sgz). |
Filing 28 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Southwest Airlines Co., re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Jesse M. Furman is no longer assigned to the case. (vba) |
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Paul E. Davison. Please note that this is a reassignment of the designation only. (vba) |
CASE ACCEPTED AS SIMILAR. Create association to 7:13-cv-09239-CS-PED. Notice of Assignment to follow. (vba) |
Filing 27 ELECTRONIC SUMMONS ISSUED as to Southwest Airlines Co.. (vf) |
Filing 26 ELECTRONIC SUMMONS ISSUED as to Rate Hawk. (vf) |
Filing 25 ELECTRONIC SUMMONS ISSUED as to Zen Hotels. (vf) |
Filing 24 ELECTRONIC SUMMONS ISSUED as to Emerging Travel Group. (vf) |
Filing 23 ELECTRONIC SUMMONS ISSUED as to Air Canada. (vf) |
Filing 22 ELECTRONIC SUMMONS ISSUED as to Citibank N.A.. (vf) |
Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Southwest Airlines Co., re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Rate Hawk, re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Zen Hotels, re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Emerging Travel Group, re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Air Canada, re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Citibank, N.A., re: #1 Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 15 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. (vf) |
Filing 14 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/20/2022 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/22/2022) (kv) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Vijay K. Toke to RE-FILE Document No. #5 Summons Returned Unexecuted, #3 Summons Returned Unexecuted, #6 Summons Returned Unexecuted, #4 Summons Returned Unexecuted, #7 Summons Returned Unexecuted, #8 Summons Returned Unexecuted. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of 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. (sj) |
Filing 13 STATEMENT OF RELATEDNESS re: that this action be filed as related to 13-cv-09239-CS-PE. Document filed by The Wave Studio, LLC..(Waldbaum, Maxim) |
Filing 12 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Supplement Schedule A).(Toke, Vijay) |
Filing 11 NOTICE OF APPEARANCE by Vijay K. Toke on behalf of The Wave Studio, LLC..(Toke, Vijay) |
Filing 10 NOTICE OF APPEARANCE by Maxim Howard Waldbaum on behalf of The Wave Studio, LLC..(Waldbaum, Maxim) |
NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Philip M. Halpern is no longer assigned to the case. (aea) |
Magistrate Judge Ona T. Wang 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. (aea) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Vijay K. Toke. The following case opening statistical information was erroneously selected/entered: County code Westchester; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (sj) |
Magistrate Judge Andrew E. Krause 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. (sj) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(sj) |
***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Vijay K. Toke to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (sj) |
Case Designated ECF. (sj) |
Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Wave Studio, LLC..(Toke, Vijay) |
Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED UNEXECUTED as to Zen Hotels. Attempted Service of Summons and Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 6/23/2022 (lb). |
Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED UNEXECUTED as to Southwest Airlines Co.. Attempted Service of Summons and Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 6/23/2022 (lb). |
Filing 6 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED UNEXECUTED as to Rate Hawk. Attempted Service of Summons and Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 6/23/2022 (lb). |
Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED UNEXECUTED as to Emerging Travel Group. Attempted Service of Summons and Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 6/23/2022 (lb). |
Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED UNEXECUTED as to Air Canada. Attempted Service of Summons and Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 6/23/2022 (lb). |
Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED UNEXECUTED as to Citibank N.A.. Attempted Service of Summons and Complaint,,,,. Document filed by The Wave Studio, LLC..(Toke, Vijay) Modified on 6/23/2022 (lb). |
Filing 2 CIVIL COVER SHEET filed..(Toke, Vijay) |
Filing 1 COMPLAINT against Air Canada, Citibank N.A., Emerging Travel Group, Rate Hawk, Southwest Airlines Co., Zen Hotels. (Filing Fee $ 402.00, Receipt Number ANYSDC-26301057)Document filed by The Wave Studio, LLC. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-E, #6 Exhibit 1-F, #7 Exhibit 1-G, #8 Exhibit 2-A, #9 Exhibit 2-B, #10 Exhibit 2-C, #11 Exhibit 2-D, #12 Exhibit 3-A, #13 Exhibit 3-B, #14 Exhibit 3-C, #15 Exhibit 3-D, #16 Exhibit 3-E, #17 Exhibit 3-F, #18 Exhibit 4-A, #19 Exhibit 4-B, #20 Exhibit 4-C, #21 Exhibit 4-D, #22 Exhibit 4-E, #23 Exhibit 4-F, #24 Exhibit 4-G, #25 Exhibit 4-H, #26 Exhibit 4-I, #27 Exhibit 4-J, #28 Exhibit 4-K, #29 Exhibit 4-L, #30 Exhibit 4-M, #31 Exhibit 4-N, #32 Exhibit 4-O, #33 Exhibit 5-A, #34 Exhibit 5-B, #35 Exhibit 5-C, #36 Exhibit 5-D, #37 Exhibit 5-E, #38 Exhibit 5-F, #39 Exhibit 5-G, #40 Exhibit 5-H).(Toke, Vijay) |
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