La Quinta Worldwide, LLC v. Triumph Hospitality, LLC
| New York Southern District Court | |
| Judge: | Lewis A Kaplan |
| Referred: | Kevin Nathaniel Fox |
| Case #: | 1:20-cv-04688 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1051 Trademark Infringement |
| Case Filed: | Jun 18, 2020 |
| Terminated: | Mar 15, 2021 |
| Last checked: Tuesday Dec 15, 2020 4:05 AM EST |
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Counter Claimant
Triumph Hospitality, LLC
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Represented By
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Counter Defendant
La Quinta Worldwide, LLC
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Represented By
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Defendant
Triumph Hospitality, LLC
1633 Broadway
New York, NY 10019 |
Represented By
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Plaintiff
La Quinta Worldwide, LLC
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Represented By
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| Docket last updated: 11/22/2024 11:59 PM EST |
| Monday, March 15, 2021 | ||
| 39 | 39
misc
AO 120 Form Trademark - Case Terminated - Submitted
Mon 03/15 3:59 PM
AO 120 FORM TRADEMARK - CASE TERMINATED - 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 final decision was rendered on 3/15/2021 in a court action 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).(km) |
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| 38 | 38
misc
Stipulation of Voluntary Dismissal
Mon 03/15 3:52 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Triumph Hospitality, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by La Quinta Worldwide, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Moskin, Jonathan) |
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| Tuesday, March 02, 2021 | ||
| 36 | 36
motion
Adjourn Conference
Tue 03/02 8:26 AM
CONSENT LETTER MOTION to Adjourn Conference Scheduled for March 4, 2021, addressed to Magistrate Judge Kevin Nathaniel Fox from Ralph N. Gaboury dated 03/01/2021. Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| 35 | 35
misc
Status Report
Tue 03/02 8:23 AM
STATUS REPORT. Joint Status Letter on Settlement Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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order
Order on Motion to Adjourn Conference
Tue 03/02 5:28 PM
ORDER granting36 Letter Motion to Adjourn Conference. Based on the representation made in the letter appearing at Docket Entry No. 36, the conference scheduled previously for March 4, 2021, is cancelled. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) |
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| Tuesday, February 16, 2021 | ||
| 34 | 34
misc
Status Report
Tue 02/16 6:00 PM
STATUS REPORT. Joint Status Letter on Settlement Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| Tuesday, January 26, 2021 | ||
| 33 | 33
misc
Status Report
Tue 01/26 5:07 PM
STATUS REPORT. Joint Status Letter on Settlement. Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| Tuesday, January 12, 2021 | ||
| 32 | 32
misc
Status Report
Tue 01/12 5:04 PM
STATUS REPORT. Joint Status Letter on Settlement Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| Tuesday, December 22, 2020 | ||
| 31 | 31
misc
Status Report
Tue 12/22 2:32 PM
STATUS REPORT. Joint Status Letter on Settlement Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| Thursday, December 10, 2020 | ||
| 30 | 30
misc
Status Report
Thu 12/10 3:33 PM
STATUS REPORT. Joint Status Letter on Settlement Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| Tuesday, November 24, 2020 | ||
| 29 | 29
misc
Status Report
Tue 11/24 11:51 AM
STATUS REPORT. Joint Status Letter on Settlement Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| Thursday, November 12, 2020 | ||
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minutes
Settlement Conference
Fri 11/13 10:03 AM
Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held telephonically on 11/12/2020. (Potter, Elizabeth) |
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| Friday, October 23, 2020 | ||
| 28 | 28
2
pgs
order
Order ~Util - Set Hearings
Fri 10/23 6:37 PM
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above- captioned action on November 12, 2020, at 2:30 p.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 11/12/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/23/2020) (va) |
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| 28 | 28
2
pgs
order
Order ~Util - Set Hearings
Fri 10/23 6:37 PM
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above- captioned action on November 12, 2020, at 2:30 p.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 11/12/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/23/2020) (va) |
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| 27 | 27
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 10/23 6:11 PM
ORDER: IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, be initiated so as to be completed on or before April 22 2021; 2. the last date on which to amend pleadings will be December 4, 2020; 3. the last date on which to join additional parties will be December 4, 2020; 4. a telephonic status conference will be held with the parties on March 4, 2021, at 10:30 a.m. The parties shall use dial in (888) 557-8511 and enter access code 4862532; 5. any dispositive motion shall be served and filed on or before May 24, 2021; 6. the response to any such motion and any reply shall be made in accordance with Local Civil Rule 6.1 of this court; and 7. if no dispositive motion is made, the parties shall submit their joint pretrial order to the court on or before May 24, 2021. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. SO ORDERED. ( Amended Pleadings due by 12/4/2020. Discovery due by 4/22/2021. Joinder of Parties due by 12/4/2020. Motions due by 5/24/2021. Pretrial Order due by 5/24/2021. Telephone Conference set for 3/4/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/23/2020) (va) |
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| 27 | 27
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 10/23 6:11 PM
ORDER: IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, be initiated so as to be completed on or before April 22 2021; 2. the last date on which to amend pleadings will be December 4, 2020; 3. the last date on which to join additional parties will be December 4, 2020; 4. a telephonic status conference will be held with the parties on March 4, 2021, at 10:30 a.m. The parties shall use dial in (888) 557-8511 and enter access code 4862532; 5. any dispositive motion shall be served and filed on or before May 24, 2021; 6. the response to any such motion and any reply shall be made in accordance with Local Civil Rule 6.1 of this court; and 7. if no dispositive motion is made, the parties shall submit their joint pretrial order to the court on or before May 24, 2021. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. SO ORDERED. ( Amended Pleadings due by 12/4/2020. Discovery due by 4/22/2021. Joinder of Parties due by 12/4/2020. Motions due by 5/24/2021. Pretrial Order due by 5/24/2021. Telephone Conference set for 3/4/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/23/2020) (va) |
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| Thursday, October 22, 2020 | ||
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minutes
Pretrial Conference - Initial
Fri 10/23 3:23 PM
Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Pretrial Conference held telephonically on 10/22/2020. (Potter, Elizabeth) |
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minutes
Pretrial Conference - Initial
Fri 10/23 3:23 PM
Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Pretrial Conference held telephonically on 10/22/2020. (Potter, Elizabeth) |
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| Wednesday, October 21, 2020 | ||
| 26 | 26
misc
Pre-Conference Statement
Wed 10/21 5:20 PM
JOINT PRE-CONFERENCE STATEMENT Initial Conference Questionnaire . Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| Thursday, October 01, 2020 | ||
| 25 | 25
3
pgs
order
Order for Initial Pretrial Conference
Thu 10/01 3:11 PM
ORDER: Initial Conference set for 10/22/2020 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/1/2020) (mro) |
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| Wednesday, September 30, 2020 | ||
| 24 | 24
order
Memo Endorsement
Wed 09/30 10:02 AM
MEMO ENDORSEMENT on re:23 Letter filed by Triumph Hospitality, LLC. ENDORSEMENT: Application denied. The Court trusts that the attitude of defense counsel will improve as this matter moves forward. His attention is invited to Fed. R. Civ. P. 11 and 28 U.S.C. 1927. So Ordered. (Signed by Judge Lewis A. Kaplan on 9/30/2020) (js) |
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| Tuesday, September 29, 2020 | ||
| 23 | 23
misc
Letter
Tue 09/29 5:44 PM
LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Ralph N. Gaboury dated 09/29/2020 re: Submission made by La Quinta dated September 25, 2020 (ECF #21). Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| 22 | 22
1
pgs
order
Order Referring Case to Magistrate Judge
Tue 09/29 1:57 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation); All such motions. Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Lewis A. Kaplan on 9/29/2020) (jca) |
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| Friday, September 25, 2020 | ||
| 21 | 21
motion
Conference
Fri 09/25 3:24 PM
LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Jonathan E. Moskin dated September 25, 2020. Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| 20 | 20
answer
Answer to Counterclaim
Fri 09/25 11:50 AM
ANSWER to11 Counterclaim. Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| Friday, September 11, 2020 | ||
| 19 | 19
2
pgs
order
Order on Motion to Dismiss
Fri 09/11 4:02 PM
MEMO ENDORSEMENT denying13 MOTION to Dismiss Defendant's Counterclaims. ENDORSEMENT: Plaintiff moves to dismiss the counterclaims in this trademark infringement case. If the counterclaims are legally sufficient and plaintiff's use is anything but "fair," it is only by the barest of margins. Defendant's likelihood of prevailing on them probably is minimal. In any case, however, it would be preferable to deal with them on fuller record. Accordingly, plaintiff's motion to dismiss the counterclaims [DI 13] is denied. SO ORDERED.. (Signed by Judge Lewis A. Kaplan on 9/11/2020) (jca) |
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| Friday, September 04, 2020 | ||
| 18 | 18
notice
Notice of Appearance
Fri 09/04 9:47 AM
NOTICE OF APPEARANCE by Laura Ganoza on behalf of La Quinta Worldwide, LLC..(Ganoza, Laura) |
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| Monday, August 31, 2020 | ||
| 17 | 17
respm
Reply Memorandum of Law in Support of Motion
Mon 08/31 3:36 PM
REPLY MEMORANDUM OF LAW in Support re:13 MOTION to Dismiss Defendant's Counterclaims . . Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| Monday, August 24, 2020 | ||
| 16 | 16
18
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 08/24 10:39 PM
MEMORANDUM OF LAW in Opposition re:13 MOTION to Dismiss Defendant's Counterclaims . . Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| 15 | 15
respm
Declaration in Opposition to Motion
Mon 08/24 10:37 PM
DECLARATION of Ralph N. Gaboury in Opposition re:13 MOTION to Dismiss Defendant's Counterclaims .. Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| Tuesday, August 18, 2020 | ||
| 14 | 14
16
pgs
respm
Memorandum of Law in Support of Motion
Tue 08/18 11:20 AM
MEMORANDUM OF LAW in Support re:13 MOTION to Dismiss Defendant's Counterclaims . . Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| 13 | 13
motion
Dismiss
Tue 08/18 11:19 AM
MOTION to Dismiss Defendant's Counterclaims . Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Tue 08/18 10:41 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jonathan E. Moskin to RE-FILE Document 12 MOTION to Dismiss Defendant's Counterclaims.. ERROR(S): Supporting Documents Must Be Filed Separately. (lb) |
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| Monday, August 10, 2020 | ||
| 12 | 12
motion
Dismiss
Mon 08/10 5:10 PM
MOTION to Dismiss Defendant's Counterclaims . Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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Att: 1
Notice of Motion to Dismiss Defendant's Counterclaims
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| Monday, July 20, 2020 | ||
| 11 | 11
answer
Answer to Complaint Counterclaim
Mon 07/20 6:18 PM
ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against La Quinta Worldwide, LLC. Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| 10 | 10
misc
Rule 7.1 Corporate Disclosure Statement
Mon 07/20 6:11 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| 9 | 9
notice
Notice of Appearance
Mon 07/20 6:07 PM
NOTICE OF APPEARANCE by Ralph N. Gaboury on behalf of Triumph Hospitality, LLC..(Gaboury, Ralph) |
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| Thursday, July 16, 2020 | ||
| 8 | 8
service
Summons Returned Executed
Thu 07/16 9:39 AM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Triumph Hospitality, LLC served on 6/29/2020, answer due 7/20/2020. Service was accepted by Sue Zouky, authorized person in the Corporation Division of the Department of State. Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| Monday, June 22, 2020 | ||
| 7 | 7
misc
AO 120 Form Trademark - Case Opening - Submitted
Mon 06/22 12:50 PM
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)..(jgo) |
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| Friday, June 19, 2020 | ||
| 6 | 6
misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Fri 06/19 4:55 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Moskin, Jonathan) |
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| 5 | 5
service
Summons Issued
Fri 06/19 12:22 PM
ELECTRONIC SUMMONS ISSUED as to Triumph Hospitality, LLC..(jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 06/19 12:18 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Fri 06/19 12:19 PM
Magistrate Judge Kevin Nathaniel Fox 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Fri 06/19 12:19 PM
Case Designated ECF. (jgo) |
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misc
Notice to Attorney to Submit AO 120 Form/AO 121 Form
Fri 06/19 12:23 PM
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Jonathan E. Moskin 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. (jgo) |
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| Thursday, June 18, 2020 | ||
| 4 | 4
service
Request for Issuance of Summons
Thu 06/18 1:50 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Triumph Hospitality, LLC, re:1 Complaint. Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Thu 06/18 1:49 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wyndham Hotels & Resorts, Inc. for La Quinta Worldwide, LLC. Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 06/18 1:44 PM
CIVIL COVER SHEET filed..(Moskin, Jonathan) |
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| 1 | 1
13
pgs
cmp
Complaint
Thu 06/18 1:43 PM
COMPLAINT against Triumph Hospitality, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20319251)Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) |
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