Shell Trademark Management BV et al v. Flabama Petro Inc
| Shell Trademark Management BV and Motiva Enterprises LLC |
| Flabama Petro Inc, K & K Brothers Trading (USA) Inc, M R Petroleum LLC, Epsilon Mart Corporation, Gamma Mart Corporation, Iota Mart Corporation and Delta Mart Corporation |
| 5:2009cv00192 |
| July 6, 2009 |
| US District Court for the Eastern District of Arkansas |
| Pine Bluff Office |
| Out of Country |
| James M Moody |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on June 15, 2011. A more recent docket listing may be available from PACER.
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Filing 70
AMENDED ORDER #66 to reflect that the dismissal of claims against deft M.R. Petroleum, LLC are without prejudice, as previously stated in the Court's Order of May 26, 2011 #68 . Signed by Judge James M. Moody on 6/15/11. (kpr)
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Filing 68
ORDER directing the Clerk of the Court to close the case. Signed by Judge James M. Moody on 6/1/11. (kpr)
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Filing 66
ORDER based upon the #64 Stipulation of Dismissal filed by Shell Trademark Management BV, Motiva Enterprises LLC, M R Petroleum LLC dismissing all claims against deft M.R. Petroleum, LLC, with prejudice. Signed by Judge James M. Moody on 5/26/11. (kpr)
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| Filing 64 STIPULATION of Dismissal as to M.R. Petroleum, LLC Only by M R Petroleum LLC, Motiva Enterprises LLC, Shell Trademark Management BV. (Talbot, John) |
| Filing 63 STATUS REPORT by Shell Trademark Management BV. (Talbot, John) |
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Filing 61
ORDER directing pltf Shell Trademark Management and deft M.R. Petroleum, LLC, to file a status report in this case on or before April 1, 2011. Signed by Judge James M. Moody on 3/21/11. (kpr)
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| NOTICE OF DOCKET CORRECTION re: #58 Order. CORRECTION: The docket entry was modified to correct the file date and the signature date to 11/4/2010. (thd) |
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Filing 58
ORDER re #37 MOTION for Contempt filed by Shell Trademark Management BV, Motiva Enterprises LLC: Motion is granted and Plaintiffs are authorized to remove their trademarks and trade dress from store locations at 601 North Hutchinson in Pine Bluff, Arkansas and U.S. Highway 65 in Humnoke, Arkansas, thereafter the Plaintiffs may submit evidence of their costs and expenses, and the Court will award judgment in an appropriate amount against Gamma Mart Corporation and Iota Mart Corporation. Signed by Judge James M. Moody on 11/4/10. (bkp) (Docket entry modified on 11/9/2010 to correct the file date and the signature date.) (thd)
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Filing 56
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER canceling the bench trial scheduled 11/8/2010 and all remaining deadlines. The parties are directed to inform the Court within 60 days if it is necessary to reset the bench trial. Signed by Judge James M. Moody on 10/29/2010. (dmj)
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| Filing 55 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) SHOW CAUSE HEARING HELD before Judge James M. Moody on 10/29/2010. Manzural "Joe' Islam failed to appear. Court grants #37 Motion for Contempt. Gamma Mart Corporation and Iota Mart Corporation are found in contempt of the Court's 4/22/2010 order #35 . Plaintiffs are directed to submit a precedent for the Court's consideration. John Talbot present. Court Reporter - Elaine Hinson (dmj) |
| Filing 54 PRETRIAL DISCLOSURE SHEET Plaintiffs' Pretrial Disclosure Sheet by Shell Trademark Management BV. (Talbot, John) |
| Filing 53 PRETRIAL DISCLOSURE SHEET by M R Petroleum LLC. (Norton, C.) |
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Filing 50
ORDER TO SHOW CAUSE. Show Cause Hearing set for 10/29/2010 09:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody to show cause why defts should not be fined for willful disobedience and resistance to the Court's order of April 22, 2010; and directing the Clerk to mail a copy of this Order, certified mail with return receipt requested, to Manzural "Joe" Islam, 12693 Torbay Drive, Boca Raton, FL 33428; and to docket the notice of delivery or non-delivery and to provide the Court a copy. Signed by Judge James M. Moody on 9/16/10. (bkp)
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| Filing 49 STATUS REPORT by M R Petroleum LLC. (Norton, C.) |
| Filing 48 STATUS REPORT Plaintiff's Status Report by Shell Trademark Management BV. (Talbot, John) |
| Filing 47 Mail Returned as Undeliverable. Mail sent to Manzural "Joe" Islam re #43 Order to Show Cause, (jap) |
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Filing 45
ORDER directing the Clerk to set aside #39 Order to Show Cause directed to Donald Jenkins entered August 9, 2010. Signed by Judge James M. Moody on 8/11/10. (vjt)
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Filing 43
ORDER TO SHOW CAUSE, Defts Gamma Mart Corporation and Iota Mart Corporation are directed to show cause, on or before 8/27/10, why they should not be fined and otherwise sanctioned for willful disobedience and resistance to the Court's Order of 4/22/10 #35 . Signed by Judge James M. Moody on 8/11/10. (vjt)
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Filing 42
ORDER that all deadlines and requirements set out in the Final Scheduling Order #32 remain in effect. The bench trial remains set during the week of 11/8/2010. Signed by Judge James M. Moody on 8/10/2010. (dmj)
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| Filing 41 RESPONSE re #39 Order to Show Cause, to Order to Show Cause and Motion to Set Aside by Gamma Mart Corporation (Jenkins, N.) |
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Filing 39
ORDER directing registered agent, N. Donald Jenkins, TO SHOW CAUSE why Gamma Mart Corporation and Iota Mart Corporation should not be fined and otherwise sanctioned for willful disobedience and resistance to the Court's Order of April 22, 2010. Show Cause Response due by 8/13/2010. Signed by Judge James M. Moody on 8/9/10. (bkp) (ORDER SET ASIDE PER #45 ORDER).
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| Filing 38 BRIEF IN SUPPORT filed by Motiva Enterprises LLC, Shell Trademark Management BV re #37 Motion for Contempt (Talbot, John) |
| Filing 37 MOTION for Contempt by Motiva Enterprises LLC, Shell Trademark Management BV (Attachments: #1 Exhibit)(Talbot, John) |
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Filing 35
ORDER re #20 MOTION for Hearing Motion for Default and Hearing filed by Shell Trademark Management BV awarding the plaintiffs $259,200.00 as actual damages against Flabama and trebling thaat amount for a total damage against Flabama of $777,600.00, plus attorney's fees and costs of $18,657.13; awarding plaintiffs $68,400.00 as actual damages against K & K, plus attorney's f ees and costs of $1,061.90, with interest to accrue on the amounts awarded herein at the maximum rate allowed by law; plaintiffs' action will continue as against separate defendant M.R. Petroleum, LLC, and a scheduling order will be entered as to it. Signed by Judge James M. Moody on 4/22/10. (bkp)
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| Filing 34 AFFIDAVIT of Kimbley L. Muller by Shell Trademark Management BV. (Talbot, John) |
| Filing 33 AFFIDAVIT of John P. Talbot by Shell Trademark Management BV. (Talbot, John) |
| Filing 32 FINAL SCHEDULING ORDER: Bench Trial set sometime during the week of 11/8/2010 at 9:15 AM in Pine Bluff Courtroom #3602 before Judge James M. Moody. Discovery due by 7/30/2010. Motions due by 8/25/2010. Pretrial Disclosure Sheet due by 10/8/2010. Status Report due by 9/9/2010. Signed by D. Jackson at the Direction of the Court on 3/31/2010. (dmj) |
| Filing 31 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) HEARING ON PLAINTIFFS' MOTION FOR DEFAULT #20 held before Judge James M. Moody on 3/3/2010. Following the testimony of Bill Fisher and introduction of Plaintiffs' exhibits 1 - 3, the Court granted Plaintiff's motion for default. Counsel to submit precedent for the Court's review. John Talbot present for Plaintiffs. Court Reporter - Elaine Hinson (exhibits retained by the Court following the hearing). (dmj) |
| Filing 30 Corporate Disclosure Statement (Rule 7.1) by M R Petroleum LLC (Norton, C.) |
| Filing 28 NOTICE of Hearing on #20 MOTION for Hearing and Motion for Default set for 3/30/2010 at 2:00 PM in Little Rock Courtroom # 4A before Judge James M. Moody (dmj) |
| Filing 27 Clerk's ENTRY OF DEFAULT as to K & K Brothers Trading (USA) Inc (bkp) |
| Filing 26 Clerk's ENTRY OF DEFAULT as to Iota Mart Corporation (bkp) |
| Filing 25 Clerk's ENTRY OF DEFAULT as to Gamma Mart Corporation (bkp) |
| Filing 24 Clerk's ENTRY OF DEFAULT as to Flabama Petro Inc (bkp) |
| Filing 23 Clerk's ENTRY OF DEFAULT as to Epsilon Mart Corporation (bkp) |
| Filing 22 Clerk's ENTRY OF DEFAULT as to Delta Mart Corporation (bkp) |
| Filing 21 BRIEF IN SUPPORT filed by Shell Trademark Management BV re #20 Motion for Hearing Brief in Support of Motion for Default and Hearing (Talbot, John) |
| Filing 20 MOTION for Hearing Motion for Default and Hearing by Shell Trademark Management BV (Talbot, John) |
| Filing 19 REPORT of Rule 26(f) Planning Meeting by Shell Trademark Management BV. Joint Rule 26 (f) Report (Talbot, John) |
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #17 Plaintiffs' Motion for Leave to Appear Pro Hac Vice. Kimbley Laird Muller is admitted to practice before this Court for the limited purpose of representing plaintiffs in Case No. 5:09CV00192. Signed by Judge James M. Moody on 11/10/09.(dbg)
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| Docket Note: Text order 18 granting Motion for Leave to Appear mailed to Kimbley Laird Muller (bkp) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice by Shell Trademark Management BV (Talbot, John) |
| Filing 16 AFFIDAVIT of Service of Warning Order and First Amended Complaint, filed by Shell Trademark Management BV. Flabama Petro Inc served on 10/21/2009. (Talbot, John) |
| Filing 15 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 12/29/2009. Rule 26(f) Report due by 1/12/2010. Proposed Bench Trial set for sometime during the week of 4/26/2010 09:15 AM in Pine Bluff Courtroom (large) #3602 before Judge James M. Moody. Signed at the Direction of the Court on 11/2/09. (bmt) |
| Filing 14 ANSWER to #4 Amended Complaint, by M R Petroleum LLC.(bkj) |
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #12 Motion for Service by Publication. Plaintiffs Shell Trademark Management BV and Motiva Enterprises LLC are authorized to complete service of process on Flabama Petro, Inc., by warning order. Signed by Judge James M. Moody on 10/16/2009. (dbg)
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| Docket Note: Warning Order issued re #4 Amended Complaint; and returned to attorney (bkj) |
| Filing 12 MOTION for Service by Publication by Shell Trademark Management BV (Talbot, John) |
| Filing 11 SUMMONS Returned Executed by Shell Trademark Management BV. Iota Mart Corporation served on 9/28/2009. (Talbot, John) |
| Filing 10 SUMMONS Returned Executed by Shell Trademark Management BV. Delta Mart Corporation served on 9/28/2009. (Talbot, John) |
| Filing 9 SUMMONS Returned Executed by Shell Trademark Management BV. Gamma Mart Corporation served on 9/28/2009. (Talbot, John) |
| Filing 8 SUMMONS Returned Executed by Shell Trademark Management BV. Epsilon Mart Corporation served on 9/28/2009. (Talbot, John) |
| Filing 7 SUMMONS Returned Executed by Shell Trademark Management BV. M R Petroleum LLC served on 9/28/2009. (Talbot, John) |
| Filing 6 SUMMONS Returned Executed by Shell Trademark Management BV. K & K Brothers Trading (USA) Inc served on 9/28/2009. (Talbot, John) |
| Filing 5 AFFIDAVIT Of Non-Service by Shell Trademark Management BV. (Talbot, John) |
| NOTICE OF DOCKET CORRECTION re #4 Amended Complaint: (entry modified to correct docket text) (bfw) |
| Filing 4 AMENDED COMPLAINT against Flabama Petro Inc, M R Petroleum LLC, Epsilon Mart Corporation, Gamma Mart Corporation, Iota Mart Corporation, Delta Mart Corporation, K & K Brothers Trading (USA) Inc, filed by Shell Trademark Management BV, Motiva Enterprises LLC(bkj) (Modified entry on 9/23/2009 to correct docket text) (bfw). |
| Summons Issued as to K & K Brothers Trading (USA) Inc, MR Petroleum LLC, Epsilon Mart Corporation, Gamma Mart Corporation, Iota Mart Corporation, Delta Mart Corporation, Flabama Petro Inc. (bkj); and returned to attorney |
| Filing 3 Summons Returned Unexecuted by Shell Trademark Management BV as to Flabama Petro Inc. (Talbot, John) |
| Filing 2 Summons Returned Unexecuted by Shell Trademark Management BV as to Flabama Petro Inc. (Talbot, John) |
| Filing 1 COMPLAINT against Flabama Petro Inc (Filing fee $ 350. paid with manual receipt #44293), filed by Shell Trademark Management BV, Motiva Enterprises LLC; summons issued and returned to attorney(bkj) |
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