La Quinta Worldwide, LLC v. Triumph Hospitality, LLC (1:20-cv-04688), New York Southern District Court

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

Docket
Parties (4)

Last checked: Tuesday Dec 15, 2020 4:05 AM EST

Counter Claimant Triumph Hospitality, LLC	Represented By Ralph N. Gaboury Cox Padmore Skolnik & Shakarchy LLP contact info
Counter Defendant La Quinta Worldwide, LLC	Represented By Laura Ganoza Foley & Lardner LLP contact info Jonathan E. Moskin Foley & Lardner LLP contact info
Defendant Triumph Hospitality, LLC 1633 Broadway New York, NY 10019	Represented By Ralph N. Gaboury Cox Padmore Skolnik & Shakarchy LLP contact info
Plaintiff La Quinta Worldwide, LLC	Represented By Laura Ganoza Foley & Lardner LLP contact info Jonathan E. Moskin Foley & Lardner LLP contact info

Docket last updated: 06/30/2024 11:59 PM EDT

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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
		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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
Thursday, November 12, 2020
		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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
Thursday, October 22, 2020
		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) Related: [-]
		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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
20		20 answer Answer to Counterclaim Fri 09/25 11:50 AM ANSWER to11 Counterclaim. Document filed by La Quinta Worldwide, LLC..(Moskin, Jonathan) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F
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) Related: [-]
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) Related: [-]
		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) Related: [-]
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) Related: [-]
		Att: 1 Notice of Motion to Dismiss Defendant's Counterclaims
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
5		5 service Summons Issued Fri 06/19 12:22 PM ELECTRONIC SUMMONS ISSUED as to Triumph Hospitality, LLC..(jgo) Related: [-]
		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) Related: [-]
		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) Related: [-]
		utility Case Designated ECF Fri 06/19 12:19 PM Case Designated ECF. (jgo) Related: [-]
		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) Related: [-]
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) Related: [-]
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) Related: [-]
2		2 misc Civil Cover Sheet Thu 06/18 1:44 PM CIVIL COVER SHEET filed..(Moskin, Jonathan) Related: [-]
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) Related: [-]

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