Blow Dry Bar, LLC v. Drybar Holdings LLC
Plaintiff: Blow Dry Bar, LLC
Defendant: Drybar Holdings LLC
Case Number: 4:2012cv02425
Filed: August 13, 2012
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Kenneth M Hoyt
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 23, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2013 Opinion or Order Filing 47 Agreed ORDER OF DISMISSAL granting #46 Joint MOTION to Dismiss . Case terminated on August 23, 2013.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
August 22, 2013 Filing 46 Joint MOTION to Dismiss by Blow Dry Bar, LLC, filed. Motion Docket Date 9/12/2013. (Attachments: #1 Proposed Order)(Mengis, Michael)
June 27, 2013 Filing 45 Notice of Filing of Official Transcript as to #44 Transcript. Party notified, filed. (jdav, )
June 25, 2013 Filing 44 TRANSCRIPT re: Hearing held on April 25, 2013 before Judge Kenneth M. Hoyt. Court Reporter/Transcriber S. Carlisle. Release of Transcript Restriction set for 9/23/2013., filed. (scarlisle)
May 14, 2013 Opinion or Order Filing 43 ORDER denying #37 Plaintiff's Motion for Attorney Fees.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
May 14, 2013 Opinion or Order Filing 42 ORDER denying #28 Motion for Summary Judgment.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
May 2, 2013 Opinion or Order Filing 41 ORDER denying #32 Defendant's MOTION to Amend its Answer and Counterclaim.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
April 25, 2013 Filing 40 AO 435 TRANSCRIPT ORDER FORM by Michael W. Mengis. This is to order a transcript of Motion Hearing held on 4/25/13 before Judge Kenneth M. Hoyt (Original). Court Reporter/Transcriber: S. Carlisle, filed. (klinds, )
April 25, 2013 Filing 39 Minute Entry for proceedings held before Judge Kenneth M. Hoyt. MOTION HEARING held on 4/25/2013 re: #28 Motion for Summary Judgment and Request for Oral Hearing. Arguments made on the record. The Court takes the matters under advisement. Appearances: Michael W Mengis, Mark H. Tidman, Richard Rochford.(Court Reporter: S. Carlisle), filed.(kpicota, )
April 25, 2013 ***Deadlines terminated. (kpicota, )
April 23, 2013 Filing 38 RESPONSE in Opposition to #32 MOTION to Amend, filed by Blow Dry Bar, LLC. (Attachments: #1 Proposed Order)(Mengis, Michael)
April 22, 2013 Filing 37 MOTION for Attorney Fees by Blow Dry Bar, LLC, filed. Motion Docket Date 5/13/2013. (Attachments: #1 Proposed Order)(Mengis, Michael)
April 19, 2013 Filing 36 REPLY in Support of #28 MOTION for Summary Judgment and Request for Oral Hearing, filed by Blow Dry Bar, LLC. (Attachments: #1 Reply Declaration of Mark H. Tidman, #2 Exhibit Exhibit A, #3 Exhibit Exhibits B - C)(Mengis, Michael)
April 19, 2013 Filing 35 NOTICE of Setting as to #28 MOTION for Summary Judgment and Request for Oral Hearing. Parties notified. Motion Hearing/Oral Argument set for 4/25/2013 at 09:00 AM in Courtroom 11A before Judge Kenneth M. Hoyt, filed. (chorace)
April 15, 2013 Opinion or Order Filing 34 ORDER for Expedited Response; Motion-related deadline set re: #32 MOTION to Amend answer and counterclaim. Response to Motion due by 4/25/2013(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
April 12, 2013 Filing 33 Opposed RESPONSE to #28 MOTION for Summary Judgment and Request for Oral Hearing filed by Drybar Holdings LLC. (Attachments: #1 Affidavit Declaration of Richard Rochford, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Proposed Order)(Klingensmith, Elizabeth)
April 11, 2013 Filing 32 MOTION to Amend by Drybar Holdings LLC, filed. Motion Docket Date 5/2/2013. (Attachments: #1 Exhibit A - First Amended Ansswer and Counterclaim, #2 Proposed Order)(Klingensmith, Elizabeth)
March 28, 2013 Opinion or Order Filing 31 ORDER granting #30 Joint MOTION for Extension of Time File Opposition to MSJ and for Leave to File a Reply Brief ( Reply Brief due by 4/19/2013). Defendant, Dry Bar Holdings LLC must file and serve its opposition to plaintiff's motion for summary judgment by 4/12/13.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
March 27, 2013 Filing 30 Joint MOTION for Extension of Time File Opposition to MSJ and for Leave to File a Reply Brief by Blow Dry Bar, LLC, Drybar Holdings LLC, filed. Motion Docket Date 4/17/2013. (Attachments: #1 Proposed Order)(Klingensmith, Elizabeth)
March 22, 2013 Filing 29 NOTICE of Setting as to #28 MOTION for Summary Judgment and Request for Oral Hearing. Parties notified. Miscellaneous Hearing set for 4/25/2013 at 09:00 AM at Courtroom 11A before Judge Kenneth M. Hoyt, filed. (chorace)
March 12, 2013 Filing 28 MOTION for Summary Judgment and Request for Oral Hearing by Blow Dry Bar, LLC, filed. Motion Docket Date 4/2/2013. (Attachments: #1 Declaration, #2 Proposed Order)(Mengis, Michael)
March 12, 2013 Filing 27 ANSWER to #21 Answer to Complaint, Counterclaim by Blow Dry Bar, LLC, filed. (Attachments: #1 Declaration)(Mengis, Michael)
February 27, 2013 Opinion or Order Filing 26 ORDER denying #24 Motion for Judgment on the pleadings, or in the alternative, for a More Definite Statement.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)
February 21, 2013 Filing 25 RESPONSE in Opposition to #24 MOTION for Judgment, filed by Drybar Holdings LLC. (Attachments: #1 Proposed Order, #2 Supplement Supporting Case 1, #3 Supplement Supporting Case 2, #4 Supplement Supporting Case 3)(Klingensmith, Elizabeth)
January 31, 2013 Filing 24 MOTION for Judgment on the pleadings, or in the alternative, for a more definite statement, by Blow Dry Bar, LLC, filed. Motion Docket Date 2/21/2013. (Attachments: #1 Declaration of Rebecca Tallerine, #2 Declaration of Mark H. Tidman, #3 Exhibit Exhibits A-G to Tidman Declaration, #4 Exhibit Exhibit H to Tidman Declaration, #5 Exhibit Exhibits I-J to Tidman Declaration, #6 Proposed Order)(Mengis, Michael) Modified on 2/3/2013 (dpalacios, ).
January 24, 2013 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to answer deft's counterclaim; extended until 1/31/2013.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
January 24, 2013 Filing 22 Unopposed MOTION for Extension of Time to Answer Defendant's Counterclaim by Blow Dry Bar, LLC, filed. Motion Docket Date 2/14/2013. (Attachments: #1 Proposed Order)(Mengis, Michael)
January 4, 2013 Filing 21 ANSWER to Complaint, COUNTERCLAIM against Blow Dry Bar, LLC by Drybar Holdings LLC, filed.(Klingensmith, Elizabeth)
December 14, 2012 Opinion or Order Filing 20 ORDER mooting #13 Motion to Dismiss.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
December 12, 2012 Opinion or Order Filing 19 ORDER granting #18 Motion for Leave to File surreply in opposition to deft's motion to dismiss.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
December 7, 2012 Filing 18 Unopposed MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss by Blow Dry Bar, LLC, filed. Motion Docket Date 12/28/2012. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order)(Mengis, Michael)
December 6, 2012 Filing 17 REPLY to Response to #13 MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc., filed by Drybar Holdings LLC. (Klingensmith, Elizabeth)
November 27, 2012 Filing 16 RESPONSE in Opposition to #13 MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc., filed by Blow Dry Bar, LLC. (Attachments: #1 Affidavit Declaration of Mark H. Tidman with Exhibits)(Mengis, Michael)
November 13, 2012 Opinion or Order Filing 15 ORDER granting #12 Motion for Richard Rochford to Appear Pro Hac Vice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
November 13, 2012 Opinion or Order Filing 14 ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on 11/13/12. Appearances: M. W. Mengis, R. Rochford ETT: 30 hours. Jury Trial. Initial Disclosures due by 12/14/2012. Burden of proof Expert Witness List due by 4/26/2013 and Expert Report due by 5/24/2013. Rebuttal Expert Witness List due by 6/14/2013 and Expert Report due by 7/15/2013. Discovery due by 8/30/2013. Dispositive Motion Filing due by 8/30/2013. Docket Call set for 10/7/2013 at 11:30 AM in Courtroom 11A before Judge Kenneth M. Hoyt. (Signed by Judge Kenneth M. Hoyt) Parties notified.(dpalacios, )
November 9, 2012 Filing 13 MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc. by Drybar Holdings LLC, filed. Motion Docket Date 11/30/2012. (Attachments: #1 Proposed Order, #2 Exhibit Ex A - Declaration of Elizabeth Klingensmith, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3, #6 Exhibit A-4, #7 Exhibit A-5, #8 Exhibit A-6, #9 Exhibit A-7, #10 Exhibit A-8, #11 Exhibit A-9)(Klingensmith, Elizabeth)
November 8, 2012 Filing 12 MOTION for Richard Rochford to Appear Pro Hac Vice by Drybar Holdings LLC, filed. Motion Docket Date 11/29/2012. (Klingensmith, Elizabeth)
November 7, 2012 Filing 11 CERTIFICATE OF INTERESTED PARTIES by Drybar Holdings LLC, filed.(Klingensmith, Elizabeth)
November 5, 2012 Filing 10 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Blow Dry Bar, LLC, Drybar Holdings LLC, filed.(Mengis, Michael)
October 26, 2012 Opinion or Order Filing 9 ORDER granting #7 Motion to Appear Pro Hac Vice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(sbyrum, )
October 26, 2012 Opinion or Order Filing 8 ORDER granting #6 Motion to Appear Pro Hac Vice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(sbyrum, )
October 19, 2012 Filing 7 MOTION for Kelu L. Sullivan to Appear Pro Hac Vice by Blow Dry Bar, LLC, filed. Motion Docket Date 11/9/2012. (Mengis, Michael)
October 19, 2012 Filing 6 MOTION for Mark H. Tidman to Appear Pro Hac Vice by Blow Dry Bar, LLC, filed. Motion Docket Date 11/9/2012. (Mengis, Michael)
October 9, 2012 Filing 5 RETURN of Service of SUMMONS Executed as to Drybar Holdings LLC served on 10/3/2012, answer due 10/24/2012, filed.(thanniable, )
October 1, 2012 Summons Issued as to Drybar Holdings LLC, filed.(ckrus, )
September 27, 2012 Filing 4 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT with Jury Demand against Blow Dry Bar, LLC filed by Blow Dry Bar, LLC. (Attachments: #1 Exhibit Exhibits A - B, #2 Exhibit Exhibit C)(Mengis, Michael)
August 29, 2012 Filing 3 CERTIFICATE OF INTERESTED PARTIES by Blow Dry Bar, LLC, filed.(Mengis, Michael)
August 14, 2012 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 11/13/2012 at 09:00 AM by telephone before Judge Kenneth M. Hoyt(Signed by Judge Kenneth M. Hoyt) Parties notified.(hler, )
August 13, 2012 Filing 1 COMPLAINT against Drybar Holdings LLC (Filing fee $ 350 receipt number 0541-10160806) filed by Blow Dry Bar, LLC. (Attachments: #1 Civil Cover Sheet)(Mengis, Michael)

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Defendant: Drybar Holdings LLC
Represented By: Elizabeth Ellen Klingensmith
Represented By: Richard Rochford
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Plaintiff: Blow Dry Bar, LLC
Represented By: Mark H. Tidman
Represented By: Kelu Sullivan
Represented By: Michael W Mengis
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