Peter Benke v. Departure Agency, Inc.

Summary

Photographer Peter Benke is suing major travel and hospitality companies—including Expedia, Kayak, Priceline, Orbitz, Hotels.com, Travelocity, Hyatt, and others—for copyright infringement. The defendants allegedly used Benke's copyrighted photographs without permission on their websites and booking platforms. The case targets a broad network of online travel agencies and hotel operators in federal court in California.

Summary generated by AI from public docket data. Verify against the original filing before relying on it.

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Cause

17:101 Copyright Infringement

Entities in this case

Parties

Peter Benke (plaintiff) Pegasus Solutions, Inc. (defendant) The Nile Project, Inc. (defendant) Kayak Software Corporation (defendant) Priceline.com, Inc. (defendant) Travelocity.com, LP (defendant) Orbitz Worldwide, Inc. (defendant) Hotels.com, LP (defendant) Expedia, Inc. (defendant) VFM Leonardo, Inc. (defendant) Kelly Hospitality, LLC (defendant) Hyatt Corporation (defendant) Does (defendant) The Andaz Hotel (defendant) Kelly Capital Investments, LLC (defendant) Kelly Capital, LLC (defendant) Michael Kelly (defendant) Hyatt Hotels Corporation (defendant) Digitaria Interactive, Inc. (defendant) Departure Agency, Inc. (defendant)

Docket entries

1. #2902015-09-16

   ORDER ON STIPULATION TO DISMISS CROSS-COMPLAINT WITH PREJUDICE; FRCP Rule 41(a) by Judge Fernando M. Olguin: Upon Stipulation 289, IT IS HEREBY ORDERED that Cross-Complainants, VFM Leonardo Inc. (VFML), Travelocity.com LP, Kayak Software Corporation and Pegasus Solutions, Inc., Cross-Complaints against Cross-Defendants, Hyatt Hotels Corporation and Hyatt Corporation d/b/a The Andaz Hotel are hereby dismissed with prejudice pursuant to FRCP Rule 41(a). (gk) (Entered: 09/16/2015)

2. #2892015-09-15

   STIPULATION to Dismiss Cross-Defendants Hyatt Corporation, Hyatt Hotels Corporation, The Andaz Hotel filed by Cross-Complainant VFM Leonardo, Inc.. (Attachments: # 1 Proposed Order [Proposed] Order on Stipulation to Dismiss Cross-Complaint with Prejudice)(Attorney Jennifer Elizabeth Traylor added to party VFM Leonardo, Inc.(pty:crc))(Traylor, Jennifer) (Entered: 09/15/2015)

3. #2882014-04-18

   ORDER On Stipulation to Dismiss Action 287 by Judge Fernando M. Olguin. FOR GOOD CAUSE APPEARING, THE FOLLOWING IS HEREBY ORDERED: (1) This Action is dismissed with prejudice; (2) This dismissal is subject to and predicated upon the settlement agreement that gave rise to this dismissal; and (3) The parties will each bear their respective costs and attorneys' fees as incurred against one another in connection with this action. (jp) (Entered: 04/18/2014)

4. #2872014-04-16

   STIPULATION to Dismiss Case filed by Plaintiff Peter Benke. (Attachments: # 1 Proposed Order)(Doniger, Stephen) (Entered: 04/16/2014)

5. #2862014-04-08

   REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing). (Attachments: # 1 Order on Stipulation to Dismiss Action) (jp) (Entered: 04/08/2014)

6. #2852014-04-08

   ORDER On Stipulation to Dismiss 284 by Judge Fernando M. Olguin. GOOD CAUSE APPEARING, THE FOLLOWING IS HEREBY ORDERED: Cross-Complainants hereby dismiss without prejudice their claims against Cross-Defendants. (See attached Order for further details). The Parties shall submit a stipulation for dismissal with prejudice of the Cross Complaint within ten days of Hyatt paying the Arbitrator's Award or upon the satisfaction of judgment after the Arbitrator's award is confirmed as a judgment. No effort will be made to confirm the Arbitrators award as a judgment until after 30 days of the issuance of the Arbitrators award and the award shall not be confirmed as a judgment if Hyatt pays the Arbitrators award within 30 days of its issuance. The Clerk shall administratively close the case. (Made JS-6. Case Terminated.) (jp) (Entered: 04/08/2014)

7. #2842014-04-08

   STIPULATION to Dismiss cross-defendants Hyatt Corporation, Hyatt Hotels Corporation, The Andaz Hotel filed by Cross-Complainant VFM Leonardo, Inc.. (Attachments: # 1 Proposed Order)(Attorney Constance A Smith added to party VFM Leonardo, Inc.(pty:crc))(Smith, Constance) (Entered: 04/08/2014)

8. #2832014-04-08

   ORDER DISMISSING ACTION WITHOUT PREJUDICE Re: DEFENDANTS by Judge Fernando M. Olguin. Pursuant to the Amended Notice of Settlement 280, that plaintiffs claims against defendants (1) Departure Agency, Inc.; (2) Digitaria Interactive, Inc.; (3) Hyatt Hotels Corporation; (4) Hyatt Corporation; (5) Kelly Capital, LLC; (6) The Andaz Hotel; (7) The Nile Project, Inc.; (8) Expedia, Inc.; (9) Hotels.com, LP; and (10) Orbitz Worldwide, Inc., are hereby dismissed without costs and without prejudice to the right, upon good cause shown, no later than 5/8/2014, to re-open the action as to any of the defendants if the settlement is not consummated. The court retains full jurisdiction over this action and outstanding claims between the defendants which have not been dismissed. This Order shall not prejudice any party to this action. (jp) (Entered: 04/08/2014)

9. #2822014-04-08

   DENIED BY ORDER OF THE COURT by Judge Fernando M. Olguin, re Stipulation to Continue Final Pretrial Conference and Trial Dates 281 . (jp) (Entered: 04/08/2014)

10. #2812014-04-07

    STIPULATION to Continue FINAL PRETRIAL CONFERENCE AND TRIAL DATES from April 11, 2014 and April 29, 2014 to May 16, 2014 and June 3, 2014 Re: Order, Set/Reset Hearing,, 261 filed by Defendants Departure Agency, Inc., Digitaria Interactive, Inc., Michael Kelly, Kelly Capital Investments, LLC, Kelly Capital, LLC, Kelly Hospitality, LLC. (Attachments: # 1 Proposed Order)(Joyal, Jason) (Entered: 04/07/2014)

11. #2802014-03-06

    NOTICE of Settlement Amended filed by Plaintiff Peter Benke. (Doniger, Stephen) (Entered: 03/06/2014)

12. 2012-03-27

    Notice of Electronic Filing re Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 107 e-mailed to jason.loyal@sedgwicklaw.com bounced due to 5.1.0 - Unknown address error 550-'No such user - psmtp'. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to jason.joyal@sedgwicklaw.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY

13. 2012-03-19

    21 DAY Summons Issued re Answer to Second Amended Complaint ; CROSS-COMPLAINT 100 ; as to Cross Defendants Departure Agency, Inc., Digitaria Interactive, Inc., Hyatt Corporation, Hyatt Hotels Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Hospitality, LLC, The Andaz Hotel. (lom)

14. 2012-03-19

    21 DAY Summons Issued re Answer to Second Amended Complaint (Discovery),and Crossclaim, 99 as to Cross Defendant Departure Agency, Inc., Digitaria Interactive, Inc., Hyatt Corporation, Hyatt Hotels Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Capital, LLC, Kelly Hospitality, LLC, The Andaz Hotel. (shb)

15. 2012-03-14

    21 DAY Summons Issued re VFM Crossclaim,, 97 as to cross defendants Departure Agency, Inc., Hyatt Corporation,, Michael Kelly, Kelly Capital Investments, LLC, Kelly Hospitality, LLC, The Andaz Hotel, Digitaria Interactive, Inc., Hyatt Hotels Corporation. (lc)

16. 2012-03-14

    21 DAY Summons Issued re Kayak Amended Cross Complaint 98 as to cross defendants Departure Agency, Inc., Digitaria Interactive, Inc., Hyatt Corporation, Hyatt Hotels Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Hospitality, LLC, The Andaz Hotel. (lc)

17. 2012-02-24

    21 DAY Summons Issued re crossclaim 77 as to cross defendants Departure Agency, Inc., Digitaria Interactive, Inc., Expedia, Inc., Hotels.com, LP, Hyatt Corporation, Hyatt Hotels Corporation, Kayak Software Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Capital, LLC, Kelly Hospitality, LLC, Orbitz Worldwide, Inc., Priceline.com, Inc., The Andaz Hotel, The Nile Project, Inc., Travelocity.com, LP. (lc) Modified on 3/1/2012 (lc).

18. 2012-02-21

    21 DAY Summons Issued re Kayak Cross complaint 88 as to cross defendants Departure Agency, Inc., Digitaria Interactive, Inc., Expedia, Inc., Hotels.com, LP, Hyatt Corporation, Hyatt Hotels Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Capital, LLC, Kelly Hospitality, LLC, Orbitz Worldwide, Inc., Priceline.com, Inc., The Andaz Hotel, The Nile Project, Inc., Travelocity.com, LP, VFM Leonardo, Inc. (lc)

19. 2012-01-05

    21 DAY Summons Issued re Second Amended Complaint,, 52 as to defendants Departure Agency, Inc., Digitaria Interactive, Inc., Expedia, Inc., Hotels.com, LP, Hyatt Corporation, Hyatt Hotels Corporation, Kayak Software Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Capital, LLC, Kelly Hospitality, LLC, Orbitz Worldwide, Inc., Priceline.com, Inc., The Andaz Hotel, The Nile Project, Inc., Travelocity.com, LP, VFM Leonardo, Inc.. (lc)

20. 2011-01-13

    21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Departure Agency, Inc., Digitaria Interactive, Inc., Does 1-10 Inclusive, Hyatt Hotels Corporation, Michael Kelly, Kelly Capital Investments, LLC, Kelly Capital, LLC, The Andaz Hotel. (et)

Docket history from CourtListener/RECAP — most recent first.