Hillstone Restaurant Group Incorporated v. Houston's Hot Chicken Incorporated et al
| Hillstone Restaurant Group Incorporated |
| Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC and Houston Crosta |
| 2:2022cv02004 |
| November 23, 2022 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on January 20, 2023. A more recent docket listing may be available from PACER.
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Filing 50
NOTICE of Filing - Copyright, Trademark or Patent Information filed by Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. (Krieger, John)
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Filing 49
ORDER referring this matter to United States Magistrate Judge Deborah M. Fine (selected by random draw) for a Settlement Conference. Counsel are directed to jointly contact the chambers of Judge Fine by emailing fine_chambers@azd.uscourts.gov or calling (602) 322-7630 no later than ten (10) days from the date of this order to schedule a Settlement Conference and for instructions regarding preparation for the conference. IT IS FURTHER ORDERED that the parties shall promptly notify the Court at any time a settlement is reached during the course of this litigation. Signed by Judge Michael T Liburdi on 1/19/2023. (REK)
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Filing 48
NOTICE re: Notice of Compliance by Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC re: #45 Preliminary Injunction,,,, . (Attachments: #1 Exhibit A - Table of Franchisee Information)(Krieger, John)
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Filing 47
STATUS REPORT Regarding Mediation by Hillstone Restaurant Group Incorporated. (Pont, Ryan)
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Filing 46
NOTICE re: Notice of Deposit - Posting Bond by Hillstone Restaurant Group Incorporated . (Pont, Ryan)
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Filing 45
PRELIMINARY INJUNCTION: Defendants shall cease use of any and all paper or plastic products or other packaging and of any social media posts that incorporate or display the HOUSTON'S HOT CHICKEN mark, the HOUSTON'S HOT CHICKEN & Design mark, and any other marks that include the terms "Houston's" or "Houstons" (the "HOUSTON'S HOT CHICKEN Marks"). Within one calendar day of the entry of this Order Defendants shall provide the Court and Plaintiff with evidence to verify that Defendants have sent the notices required by the Trademark Settlement Agreement to each of the Defendants' franchisees. Plaintiff shall post a bond in the amount of $50,000 with the Clerk of Court and notify the Court that the bond has been posted, no later than Tuesday, January 17, 2023. Defendants are advised that failure to comply with this Order in any respect could result in the entry of monetary or other sanctions against them. Once Defendants are in compliance with this Order, they may petition the Court to have the injunction modified or dissolved. Signed by Judge Michael T Liburdi on 1/17/2023. (KJ)
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Filing 44
REPLY re: #38 Plaintiff's Proposed Preliminary Injunction by Plaintiff Hillstone Restaurant Group Incorporated. (Pont, Ryan) Modified to add entry link on 1/19/2023 (KJ).
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Filing 43
MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleadings #40 , #41 , and #42 have been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above documents.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (REK)
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Filing 42
Houston's Hot Chicken IP Holdco, LLC's ANSWER to #1 Complaint, with Jury Demand by Houstons Hot Chicken IP Holdco LLC.(Krieger, John)
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Filing 41
Houston's Hot Chicken, Inc.'s ANSWER to #1 Complaint, with Jury Demand by Houston's Hot Chicken Incorporated.(Krieger, John)
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Filing 40
Houston Crosta's ANSWER to #1 Complaint, with Jury Demand by Houston Crosta.(Krieger, John)
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Filing 39
NOTICE re: Defendant's Objections and Redlines to #38 Proposed Preliminary Injunction by Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC . (Krieger, John) Modified on 1/19/2023 (KJ).
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Filing 38
*NOTICE re: Proposed Preliminary Injunction filed by Hillstone Restaurant Group Incorporated (Pont, Ryan) *Modified to correct event on 1/12/2023 (KJ).
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Filing 37
ORDER granting Plaintiff's Motion for Preliminary Injunction (Doc. #26 ) in part. Plaintiff shall file an updated proposed preliminary injunction order in accordance with the Court's ruling herein no later than 5:00 PM on Monday, 1/9/23. Defendant shall file a response and objections to Plaintiff's proposed order no later than 5:00 PM on Thursday, 1/12/23. Plaintiff shall file any reply to Defendant's objections no later than 5:00 PM on Monday, 1/16/23. FURTHER ORDERED that Defendants shall cease the use of any and all paper products and other packaging that incorporate or display the HOUSTON'S HOT CHICKEN Marks, including napkins, cups, tray liners, food boxes, bags, wrappers and any other items used in or sold by Defendants in their restaurants that bear the HOUSTON'S HOT CHICKEN Marks no later than Tuesday, 1/10/23. FINALLY ORDERED that Plaintiff shall post a bond at $50,000 with the Clerk of Court no later than Tuesday, 1/17/23. See order for complete details. Signed by Judge Michael T. Liburdi on 1/4/23. (NKS)
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Filing 36
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Preliminary Injunction Hearing held on 1/4/2023. Argument is presented. Pursuant to the parties' agreement on the record, IT IS ORDERED that the Temporary Restraining Order (Doc. #21 ) is extended until January 19, 2023. IT IS FURTHER ORDERED that Plaintiff's Motion for Preliminary Injunction (Doc. #26 ) is taken under advisement. IT IS FURTHER ORDERED that Plaintiff's Motion for Contempt (Doc. #26 ) is denied for the reasons stated on the record. The parties discuss the possibility of settlement. LATER: IT IS ORDERED that the parties submit a joint report concerning mediation and provide a list of proposed mediators and whether they consent to referral to a magistrate judge for the purposes of settlement no later than January 18, 2023. APPEARANCES: Ryan Pont for Plaintiff. John Krieger for Defendants. (Court Reporter Cathy Taylor.) Hearing held 10:03 AM to 11:25 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 35
ORDER granting #28 Stipulation to Seal Exhibits A and C. The Clerk of Court is directed to seal Exhibit A (filed at Doc. [26-1]) and Exhibit C (filed at Doc. [26-3]) to Plaintiff's Motion for Preliminary Injunction. FURTHER ORDERED granting #34 Motion to Seal. The Clerk of Court is directed to seal Exhibit 2 to Plaintiffs Reply Brief (filed at Doc. [30-2]). Signed by Judge Michael T Liburdi on 1/3/23. (MAP)
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Filing 34
MOTION to Seal Document TO PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR CONTEMPT AND PRELIMINARY INJUNCTION by Hillstone Restaurant Group Incorporated. (Attachments: #1 Proposed Order Proposed Order)(Pont, Ryan)
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Filing 33
ORDER: IT IS ORDERED granting the parties' Stipulation to Extend Time to Respond to the Complaint (First Request) (Doc. #31 ). IT IS FURTHER ORDERED that Defendants shall file their answer or otherwise respond to the complaint no later than January 12, 2023. Ordered by Judge Michael T. Liburdi on 12/30/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 32
IT IS ORDERED the Preliminary Injunction Hearing presently set for 1/4/2023 at 8:30 AM is RESET AS TO TIME ONLY for 10:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Ordered by Judge Michael T. Liburdi. (ESG) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry)
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Filing 31
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint, by Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. (Attachments: #1 Proposed Order)(Krieger, John)
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Filing 30
*REPLY to Response to Motion re: #26 MOTION for Preliminary Injunction and Contempt by Plaintiff Hillstone Restaurant Group Incorporated. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Attachment Supplemental Declaration)(Pont, Ryan) *Modified to correct event and text on 12/30/2022 (REK). *Modified to seal exhibit 2 pursuant to doc. #35 on 1/3/2023 (MAP).
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Filing 29
STATUS REPORT of the Parties, Joint by Hillstone Restaurant Group Incorporated. (Pont, Ryan)
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Filing 28
STIPULATION re: #26 MOTION for Preliminary Injunction and Contempt by Hillstone Restaurant Group Incorporated. (Attachments: #1 Proposed Order Proposed Order)(Pont, Ryan)
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Filing 27
RESPONSE in Opposition re: #26 MOTION for Preliminary Injunction and Contempt filed by Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. (Attachments: #1 Exhibit Exhibit A - Declaration of Matthew Rush)(Krieger, John)
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Filing 26
*MOTION for Preliminary Injunction and Contempt by Hillstone Restaurant Group Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Attachment Declaration of Joy Jones, #6 Attachment Declaration of K Branch, #7 Attachment Declaration of Geoffrey Beams, #8 Attachment Declaration of Greer Illingworth, #9 Proposed Order Proposed Order)(Pont, Ryan) *Modified to seal certain exhibits pursuant to doc. #35 on 1/3/2023 (MAP).
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Filing 25
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 12/14/2022. Preliminary Injunction Hearing is set for 1/4/2023 at 08:30 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Joint statement is due 12/29/2022. Plaintiff's request to modify the Temporary Restraining Order is denied. See attachment for additional deadlines and details. (Court Reporter Cathy Taylor.) Hearing held 3:35 PM to 4:29 PM.(LMR)
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Remark: Pro hac vice motion(s) granted for John Lund Krieger on behalf of Defendants Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 24
MINUTE ORDER: Status Conference set for 12/14/2022 is RESET IN TIME ONLY for 03:30 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 23
MINUTE ORDER: Status Conference is set for 12/14/2022 at 04:30 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Counsel may appear in person or telephonically. Those appearing telephonically should call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 22
STATUS REPORT of the Parties by Hillstone Restaurant Group Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Pont, Ryan)
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Filing 21
TEMPORARY RESTRAINING ORDER: Motion for Temporary Restraining Order #2 is granted in part. See order for details. Signed by Judge Michael T. Liburdi on 12/1/2022. (LMR)
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Filing 20
RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. (Price, Charles)
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Filing 19
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 11/30/2022. Plaintiff's Motion for Temporary Restraining Order #2 is granted. Plaintiff shall file an updated proposed Temporary Restraining Order by 11/30/2022; Defendants objections are due 12/1/2022. Plaintiff's Motion for Preliminary Injunction #2 is denied without prejudice. Joint Status Report is due 12/9/2022. See attachment for details. (Court Reporter Catherine Taylor.) Hearing held 11:02 AM to 12:10 PM.(LMR)
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Filing 18
Additional Attachments to Main Document re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Hillstone Restaurant Group Incorporated. (Pont, Ryan)
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Filing 17
ORDER: IT IS ORDERED granting the Motion for Party to Attend Hearing Telephonically (Doc. #16 ). IT IS FURTHER ORDERED Houston Crosta may appear telephonically for the hearing scheduled for November 30, 2022 at 11:00 am (Arizona time) in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Mr. Crosta should call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. Ordered by Judge Michael T. Liburdi on 11/29/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 16
MOTION for Leave to Appear Telephonically at Hearing on November 30, 2022 by Houston Crosta. (Attachments: #1 Proposed Order Order Granting Party (Houston Crosta) to Attend Hearing Telephonically)(Price, Charles)
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Filing 15
NOTICE of Appearance by Charles Steven Price on behalf of Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. (Price, Charles)
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Filing 14
NOTICE re: Notice of Compliance by Hillstone Restaurant Group Incorporated . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Pont, Ryan)
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Remark: Pro hac vice motion(s) granted for David James Stewart on behalf of Plaintiff Hillstone Restaurant Group Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 13
ORDER: IT IS ORDERED setting an in-person status hearing on the Motion for Temporary Restraining Order (Doc. #2 ) for Wednesday, November 30, 2022 at 11:00 am (Arizona time) in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 before Judge Michael T. Liburdi. IT IS FURTHER ORDERED that Plaintiff's counsel shall inform all of Defendants' counsel in the prior, terminated action 2:22-cv-01646-MTL about the current motion for temporary restraining order (Doc. #2 ) and the hearing scheduled for November 30, 2022. IT IS FUTHER ORDERED that Plaintiff's counsel shall file a notice with the Court no later than Wednesday, November 30, 2022 at 9:00 am (Arizona time) that they have complied with the Court's order to inform Defendants' counsel in the terminated 2:22-cv-01646-MTL action. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 12
Summons Issued as to Houston Crosta, Houston's Hot Chicken Incorporated, Houstons Hot Chicken IP Holdco LLC. (Attachments: #1 Summons, #2 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Remark: Pro hac vice motion(s) granted for Sarah Parker on behalf of Plaintiff Hillstone Restaurant Group Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 11
NOTICE of Filing - Copyright, Trademark or Patent Information filed by Hillstone Restaurant Group Incorporated. (Pont, Ryan) (JAM)
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Filing 10
MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (Attachments: #1 AO 121 Form)(JAM)
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Filing 9
Filing fee paid, receipt number AAZDC-21344289. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-22-2004-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM)
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Filing 8
SUMMONS Submitted by Hillstone Restaurant Group Incorporated. (Pont, Ryan) (Attachments: #1 Summons, #2 Summons)(JAM)
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Filing 7
DECLARATION of W. Glenn Viers re: #1 Complaint by Plaintiff Hillstone Restaurant Group Incorporated. (Pont, Ryan) (JAM)
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Filing 6
Corporate Disclosure Statement by Hillstone Restaurant Group Incorporated. (Pont, Ryan) (JAM)
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Filing 5
NOTICE of Related Case by Hillstone Restaurant Group Incorporated re: #1 Complaint. (Attachments: #1 Attachment)(JAM)
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Filing 4
DECLARATION of Geoffrey Beams re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Hillstone Restaurant Group Incorporated. (Pont, Ryan) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(JAM)
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Filing 3
DECLARATION of Thomas Scavuzzo re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Hillstone Restaurant Group Incorporated. (Pont, Ryan) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit)(JAM)
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Filing 2
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Hillstone Restaurant Group Incorporated. (Pont, Ryan) (Attachments: #1 Exhibit, #2 Proposed Order)(JAM)
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Filing 1
COMPLAINT FOR BREACH OF CONTRACT, TRADEMARK INFRINGEMENT, AND UNFAIR COMPETITION (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-21344289 filed by Hillstone Restaurant Group Incorporated. (Pont, Ryan) (Attachments: #1 Civil Cover Sheet)(JAM)
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