HEARTLAND CONSUMER PRODUCTS LLC et al. v. DINEEQUITY, INC., et al
Plaintiff: HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND, LLC and HEARTLAND CONSUMER PRODUCTS LLC
Defendant: DINEEQUITY, INC, IHOP FRANCHISING LLC, INTERNATIONAL HOUSE OF PANCAKES, INC., APPLEBEE'S INTERNATIONAL, INC. and IHOP RESTAURANTS LLC
Counter Claimant: INTERNATIONAL HOUSE OF PANCAKES, LLC, DINEEQUITY, INC., APPLEBEES SERVICES, INC., IHOP FRANCHISOR LLC, APPLEBEES FRANCHISOR LLC and APPLEBEES RESTAURANTS LLC
Counter Defendant: TC HEARTLAND LLC
Case Number: 1:2017cv01035
Filed: April 3, 2017
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Sarah Evans Barker
2 Judge: Larry J McKinney
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 1, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2018 Opinion or Order Filing 107 CORRECTED ORDER APPROVING STIPULATION OF DISMISSAL - This matter, having come before the Court on the Parties' Stipulation of Dismissal [Dkt. #101 ], and the Court, being duly advised in the same, does APPROVE and GRANT said Stipulation. (See Order). Signed by Judge Sarah Evans Barker on 11/1/2018.(APD)
November 1, 2018 Opinion or Order Filing 106 ORDER GRANTING JOINT MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(a) - Granting #103 Motion for Relief from Judgment. The Order of Dismissal #102 , dated October 25, 2018, shall be corrected to read as stated in this Order. Signed by Judge Sarah Evans Barker on 11/1/2018. (APD)
October 30, 2018 Opinion or Order Filing 105 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Closed Judgment) (CKM)
October 26, 2018 Opinion or Order Filing 104 BRIEF/MEMORANDUM in Support re #103 Joint MOTION For Relief from Judgment Pursuant to Rule 60(a) , filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC. (Polak, Jonathan)
October 26, 2018 Opinion or Order Filing 103 Joint MOTION For Relief from Judgment Pursuant to Rule 60(a), filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC. (Attachments: #1 Text of Proposed Order)(Polak, Jonathan)
October 25, 2018 Opinion or Order Filing 102 ORDER - APPROVING STIPULATION OF DISMISSAL WITH PREJUDICE; This matter, having come before the Court on the Parties' Stipulation of Dismissal with Prejudice, and the Court, being duly advised in the same, does APPROVE and GRANT said Stipulation. IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE. Each party shall bear its own costs and attorneys' fees. Signed by Judge Sarah Evans Barker on 10/25/2018. (CKM)
October 22, 2018 Opinion or Order Filing 101 STIPULATION of Dismissal , filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC. (Attachments: #1 Text of Proposed Order on Stipulation of Dismissal)(Polak, Jonathan)
October 11, 2018 Opinion or Order Filing 100 ORDER granting Plaintiff's #98 Motion for Extension of Time to File stipulation of dismissal to 10/22/2018. Signed by Magistrate Judge Tim A. Baker on 10/11/2018. (SWM)
October 9, 2018 Opinion or Order Filing 99 Submission of Signature Requirement re #97 Order by All Plaintiffs. (Costa, Cristina)
October 5, 2018 Opinion or Order Filing 98 MOTION for Extension of Time to 10/22/2018 in which to #97 Order File Stipulation of Dismissal, filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Costa, Cristina)
September 7, 2018 Opinion or Order Filing 97 ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 28 days. Signed by Magistrate Judge Tim A. Baker on 9/7/2018.(SWM)
August 14, 2018 Opinion or Order Filing 96 ORDER ON DOCUMENTS REVIEWED IN CAMERA: Plaintiffs filed a motion to compel production of certain emails Defendants withheld as privileged. [Filing No. 76.] The Court partially resolved this issue in an earlier order [Filing No. #94 ], but ordered Defendants to submit nine of the contested emails for in camera review because the privilege log did not make the attorney's roll in the communication clear. The Court grants in part Plaintiffs' motion to compel. [Filing No. #76 .] Defendants must produce the January 22, 2013, emails sent at 12:45 p.m. and 1:18 p.m. that are contained in Doc. IDs 780 and 1110. Defendants also must produce the one-sentence responsive email contained in Doc. ID 1011. Both productions must be made within seven days of this order. However, Defendants need not produce Doc. IDs. 552, 693, 789, 830, 1035, or 1088. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/14/2018.(SWM)
July 31, 2018 Opinion or Order Filing 95 SEALED Documents for In Camera Review, re #94 Order on Motion to Compel, filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC, Counter Claimants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Exhibit 1, privileged emails, #2 Exhibit 2, non-privileged emails)(Kelber, Michael)
July 25, 2018 Opinion or Order Filing 94 ORDER denying IN PART Plaintiff's #76 Motion to Compel. See Order. Signed by Magistrate Judge Tim A. Baker on 7/25/2018. (SWM)
July 11, 2018 Opinion or Order Filing 93 ORDER granting agreed motion for extension of deadlines, final pretrial conference and the jury trial. Discovery due by 3/17/2019. Dispositive Motions due by 12/13/2018. Final Pretrial Conference set for 11/19/2019 at 2:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 12/2/2019 at 9:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker (See order for all extensions of deadlines). Signed by Magistrate Judge Tim A. Baker on 7/11/2018.(CBU)
June 20, 2018 Opinion or Order Filing 92 Minute Entry for proceedings held before Magistrate Judge David E. Jones: Settlement Conference held on 6/20/2018. Settlement discussions were held but no settlement was reached. Conference concluded without further order. (ADH)
June 5, 2018 Opinion or Order Filing 91 Submission of Proposed Order , re #90 Joint MOTION for Extension of Time to 11/15/18 90 day Extension of time for remaining discovery deadlines, filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Kelber, Michael)
June 4, 2018 Opinion or Order Filing 90 Joint MOTION for Extension of Time to 11/15/18 90 day Extension of time for remaining discovery deadlines, filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Text of Proposed Order)(Kelber, Michael)
May 21, 2018 Opinion or Order Filing 89 ORDER CONFIRMING SETTLEMENT CONFERENCE: Comes now the Court, sua sponte, and CONFIRMS the date and time of the SETTLEMENT CONFERENCE set in this matter for June 20, 2018, at 9 a.m. (Eastern Time). This conference will take place before the Honorable David E. Jones, United States Magistrate Judge, in Room 234 of the Birch Bayh Federal Building/U.S. Courthouse in Indianapolis, Indiana. Parties are to submit their Confidential Settlement Statements to Judge Baker as ordered in the Order setting the Settlement Conference. [Filing No. #84 .] Any concerns about the conference should be addressed to Magistrate Judge Baker's chambers. Signed by Magistrate Judge Tim A. Baker on 5/21/2018.(SWM)
May 21, 2018 Opinion or Order Filing 88 ORDER Referring Cause to Magistrate Judge David E. Jones for Settlement Conference ONLY. See Order. Signed by Magistrate Judge Tim A. Baker on 5/21/2018.(SWM)
May 21, 2018 Opinion or Order Filing 87 DESIGNATION of a United States Magistrate Judge for Service Within the Circuit. Signed by Diane P. Wood, Chief Judge, Court of Appeals for the Seventh Circuit. (SWM)
May 21, 2018 Opinion or Order Filing 86 ORDER in the Matter of the Designation of a Magistrate Judge for Service in Another District. IT IS ORDERED, with the concurrence of the Honorable William C. Griesbach, Chief Judge for the Eastern District of Wisconsin, that United States Magistrate Judge David E. Jones is authorized to hold court and perform other judicial duties under 28 U.S.C. ' 636, subsections (a), (b), and (c), on an as- needed basis in the Southern District of Indiana, through December 31, 2018. Signed by Judge Jane Magnus-Stinson on 5/21/2018.(SWM)
May 4, 2018 Opinion or Order Filing 85 REPLY in Support of Motion re #76 MOTION to Compel , filed by Counter Defendants HEARTLAND CONSUMER PRODUCTS LLC, HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC, TC HEARTLAND LLC, Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Exhibit E - Correspondence from Kelber, #2 Exhibit F - CSCS website image)(Polak, Jonathan)
April 30, 2018 Opinion or Order Filing 84 SCHEDULING ORDER AND RELATED DEADLINES - Settlement Conference reset for 6/20/2018 at 09:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. (See Order). Signed by Magistrate Judge Tim A. Baker on 4/30/2018.(MAC)
April 30, 2018 Opinion or Order Filing 83 ORDER granting Defendants' #81 Motion for Continuance. The settlement conference set for May 7, 2018, is VACATED. The settlement conference will be reset by separate order. Signed by Magistrate Judge Tim A. Baker on 4/30/2018. (MAC)
April 27, 2018 Opinion or Order Filing 82 Submission of Proposed Order , re #81 Consent MOTION for Continuance of Settlement Conference, filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Kelber, Michael)
April 26, 2018 Opinion or Order Filing 81 Consent MOTION for Continuance of Settlement Conference, filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Kelber, Michael)
April 24, 2018 Opinion or Order Filing 80 ORDER granting #78 Motion to Appear pro hac vice. Attorney Andrew Starwalt Fraker for DINEEQUITY, INC., APPLEBEE'S FRANCHISOR LLC, APPLEBEE'S RESTAURANTS LLC, APPLEBEE'S SERVICES, INC., INTERNATIONAL HOUSE OF PANCAKES, LLC f/k/a INTERNATIONALHOUSE OF PANCAKES, INC., IHOP FRANCHISING LLC, IHOP FRANCHISE COMPANY, LLC, and IHOP FRANCHISOR, LLC added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Andrew Starwalt Fraker via US Mail. Signed by Magistrate Judge Tim A. Baker on 4/24/2018. (SWM)
April 23, 2018 Opinion or Order Filing 79 RESPONSE in Opposition re #76 MOTION to Compel , filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Kelber, Michael)
April 20, 2018 Opinion or Order Filing 78 MOTION for Attorney(s) Andrew Starwalt Fraker to Appear pro hac vice (Filing fee $100, receipt number 0756-4851587), filed by Defendants APPLEBEE'S INTERNATIONAL, INC., APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, IHOP RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Exhibit A - Certification of Andrew Starwalt Fraker, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Byczko, Caitlin)
April 9, 2018 Opinion or Order Filing 77 BRIEF/MEMORANDUM in Support re #76 MOTION to Compel , filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Exhibit A- Amended Privilege Log, #2 Exhibit B- DineEquity, Inc., Annual Report (Form 10-K), #3 Exhibit C- Response to Subpoena, #4 Exhibit D- Original Privilege Log)(Polak, Jonathan)
April 9, 2018 Opinion or Order Filing 76 MOTION to Compel , filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion to Compel)(Polak, Jonathan)
March 30, 2018 Opinion or Order Filing 75 Plaintiff's ANSWER to #55 Answer to Amended ComplaintCounterclaim , filed by HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC.(Polak, Jonathan)
March 20, 2018 Opinion or Order Filing 74 ORDER ON MARCH 15, 2018, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES Parties appeared by counsel March 15, 2018, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. Plaintiff shall file any motion to compel regarding the discovery dispute discussed by April 9, 2018. Defendant shall file a response brief by April 23, 2018, and Plaintiff shall file any reply by May 4, 2018. The discovery deadline is enlarged to August 17, 2018. The summary judgment deadline is enlarged to September 14, 2018. This matter is set for a settlement conference at 1:30 p.m. on May 7, 2018, room #234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
March 16, 2018 Opinion or Order Filing 73 NOTICE of Appearance by Katherine Dennis Nye on behalf of Defendants APPLEBEE'S INTERNATIONAL, INC., IHOP RESTAURANTS LLC. (Nye, Katherine)
March 16, 2018 Opinion or Order Filing 71 NOTICE of Appearance by Caitlin R. Byczko on behalf of Defendants APPLEBEE'S INTERNATIONAL, INC., IHOP RESTAURANTS LLC. (Byczko, Caitlin)
March 16, 2018 Opinion or Order Filing 70 Corporate Disclosure Statement by APPLEBEE'S INTERNATIONAL, INC. identifying Corporate Parent Dine Brands Global, Inc for APPLEBEE'S INTERNATIONAL, INC... (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 69 Corporate Disclosure Statement by IHOP RESTAURANTS LLC identifying Corporate Parent IHOP Funding, LLC for IHOP RESTAURANTS LLC.. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 68 NOTICE of Appearance by Michael G. Kelber on behalf of Defendants APPLEBEE'S INTERNATIONAL, INC., IHOP RESTAURANTS LLC. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 67 Corporate Disclosure Statement by INTERNATIONAL HOUSE OF PANCAKES, LLC identifying Corporate Parent Dine Brands Global, Inc for INTERNATIONAL HOUSE OF PANCAKES, LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC.. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 66 Corporate Disclosure Statement by DINEEQUITY, INC.. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 65 Corporate Disclosure Statement by IHOP FRANCHISOR LLC identifying Corporate Parent IHOP Funding, LLC for IHOP FRANCHISOR LLC, IHOP FRANCHISOR LLC.. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 64 Corporate Disclosure Statement by APPLEBEES FRANCHISOR LLC identifying Corporate Parent Applebee's Funding, LLC for APPLEBEES FRANCHISOR LLC, APPLEBEES FRANCHISOR LLC.. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 63 Corporate Disclosure Statement by APPLEBEES RESTAURANTS LLC identifying Corporate Parent Applebee's Funding, LLC for APPLEBEES RESTAURANTS LLC, APPLEBEES RESTAURANTS LLC.. (Kelber, Michael)
March 16, 2018 Opinion or Order Filing 62 Corporate Disclosure Statement by APPLEBEES SERVICES, INC. identifying Corporate Parent Applebee's Interntional, Inc. for APPLEBEES SERVICES, INC., APPLEBEES SERVICES, INC... (Kelber, Michael)
March 15, 2018 Opinion or Order Filing 72 ORDER - This matter is before the Court on Defendants', DineEquity, Inc., Applebee's Restaurants, LLC, Applebee's Services, Inc., Applebee's Franchisor, LLC, International House of Pancakes, LLC, IHOP Franchising, LLC, IHOP Franchisor, LLC, Request for Oral Argument regarding their prior Motion to Dismiss. Dkt. No. #22 . We denied Defendants' Motion to Dismiss on January 18, 2018. Dkt. No. #38 . Therefore, we DENY AS MOOT Defendants' Request for Oral Argument. Signed by Judge Sarah Evans Barker on 3/15/2018. (CKM)
March 12, 2018 Opinion or Order Filing 61 Corporate Disclosure Statement by HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Polak, Jonathan)
March 9, 2018 Opinion or Order Filing 60 NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Exhibit Answer to Amended Complaint) (CKM)
March 9, 2018 Opinion or Order Filing 57 NOTICE to File Corporate Disclosure Statement to APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (LAB) (CKM)
March 9, 2018 Opinion or Order Filing 55 ANSWER to #53 Amended Complaint for Preliminary Injunction, Permanent Injunction and Damages, COUNTERCLAIM against HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC, filed by APPLEBEES FRANCHISOR LLC, DINEEQUITY, INC., APPLEBEES SERVICES, INC., IHOP FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC.(Kelber, Michael)
March 6, 2018 Opinion or Order Filing 54 SCHEDULING ORDER: Status Conference set for 3/15/2018 11:30 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 3/6/2018.(SWM)
February 27, 2018 Opinion or Order Filing 59 NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Exhibit Amended Complaint) (CKM)
February 27, 2018 Opinion or Order Filing 58 NOTICE to File Corporate Disclosure Statement to HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (LAB) (CKM)
February 27, 2018 Opinion or Order Filing 53 AMENDED COMPLAINT and Jury Demand against APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC and INTERNATIONAL HOUSE OF PANCAKES, LLC, filed by HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC.(SWM)
February 27, 2018 Opinion or Order Filing 52 ORDER granting Plaintiff's #49 Motion to Correct Scrivener's Error. Plaintiffs' Amended Complaint attached to its Motion as Exhibit 1 is hereby deemed filed as of this date, and the Amended Complaint filed on February 16, 2018 (Dkt No. 48) is stricken. Defendants shall have fourteen (14) days to file a responsive pleading to Plaintiffs' Amended Complaint. Signed by Magistrate Judge Tim A. Baker on 2/27/2018. (SWM)
February 20, 2018 Opinion or Order Filing 51 Witness List Preliminary Winess and Exhibit List, filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Kelber, Michael)
February 20, 2018 Opinion or Order Filing 50 Submission of Signature Requirement re #49 Unopposed MOTION TO CORRECT SCRIVENER'S ERROR by HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Correct Scrivener's Error)(Costa, Cristina)
February 16, 2018 Opinion or Order Filing 49 Unopposed MOTION TO CORRECT SCRIVENER'S ERROR, filed by Counter Defendants HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC, Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Text of Proposed Order Granting Plaintiffs' Unopposed Motion to Correct Scrivener's Error)(Polak, Jonathan)
February 16, 2018 Opinion or Order Filing 48 *** STRICKEN PER ORDER DATED 2/27/2018 *** AMENDED COMPLAINT with Jury Demand against APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC and INTERNATIONAL HOUSE OF PANCAKES, LLC, filed by HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND LLC.(SWM) Modified on 2/27/2018 (SWM).
February 16, 2018 Opinion or Order Filing 47 ORDER granting Plaintiff's #44 Motion for Leave to File Amended Complaint. Defendants shall have fourteen (14) days to file a responsive pleading to Plaintiffs' First Amended Complaint. Signed by Magistrate Judge Tim A. Baker on 2/16/2018. (SWM) Modified on 2/16/2018 (SWM).
February 15, 2018 Opinion or Order Filing 46 ORDER granting Plaintiffs' #45 Motion for Extension of Time. Plaintiffs SHALL have an extension of time to and including their deadline to respond to Defendants' Amended Answer and Counterclaims to file a responsive pleading to the Counterclaims filed on February 1, 2018. Signed by Magistrate Judge Tim A. Baker on 2/15/2018. (SWM)
February 14, 2018 Opinion or Order Filing 45 Unopposed MOTION for Extension of Time to in which to #41 Answer to ComplaintCounterclaim , filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Defendants' Counterclaims)(Polak, Jonathan) Modified on 2/15/2018 (CKM).
February 9, 2018 Opinion or Order Filing 44 Unopposed MOTION for Leave to File Amended Complaint, filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Exhibit 1 - Amended Complaint for Preliminary Injunction, Permanent Injuction, and Damages, #2 Text of Proposed Order Granting Plaintiff's Unopposed Motion for Leave to File Amended Complaint)(Polak, Jonathan) Modified on 2/12/2018 (CKM).
February 8, 2018 Opinion or Order Filing 43 NOTICE of Answer in Lawsuit Sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Exhibit Answer to Complaint) (CKM)
February 7, 2018 Opinion or Order Filing 42 ORDER FEBRUARY 1, 2018, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel February 1, 2018, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. Defendant shall serve a copy of its forthcoming settlement response on the Magistrate Judge, and Plaintiff shall thereafter promptly contact the Magistrate Judge to discuss setting a settlement conference if Defendant's response suggests a settlement opportunity. Signed by Magistrate Judge Tim A. Baker. (MGG)
February 1, 2018 Opinion or Order Filing 56 *** PLEASE DISREGARD DOCKETED IN ERROR ***NOTICE to File Corporate Disclosure Statement to APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (LAB) (CKM) Modified on 3/12/2018 (CKM).
February 1, 2018 Opinion or Order Filing 41 ANSWER to #1 Complaint for Preliminary Injunction, Permanent Injunction and Damages, COUNTERCLAIM against HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC, filed by IHOP FRANCHISOR LLC, APPLEBEES SERVICES, INC., APPLEBEES FRANCHISOR LLC, DINEEQUITY, INC., APPLEBEES RESTAURANTS LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC.(Kelber, Michael)
January 23, 2018 Opinion or Order Filing 40 SCHEDULING ORDER: Status Conference set for 2/1/2018 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229- 3660. The purpose of this conference is to address case status in light of the Court's ruling on Defendants' motion to dismiss. [Filing No. #38 .] Copy to Katherine Dennis Nye via US Mail Signed by Magistrate Judge Tim A. Baker on 1/23/2018.(SWM)
January 23, 2018 Opinion or Order Filing 39 ORDER granting Plaintiff's #36 Motion for Extension of Time to File Motion for Leave to Amend Pleadings and/or to Join Additional Parties to 3/19/2018. Signed by Magistrate Judge Tim A. Baker on 1/23/2018. (SWM)
January 18, 2018 Opinion or Order Filing 38 ORDER - denying Defendant's #15 Motion to Dismiss; *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 1/18/2018. (CKM)
January 17, 2018 Opinion or Order Filing 37 Witness List (Preliminary), filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC, Exhibit List (Preliminary), filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Polak, Jonathan)
January 17, 2018 Opinion or Order Filing 36 Unopposed MOTION for Extension of Time to March 19, 2018 in which to #31 Order: Case ManagementScheduling OrderTerminate Motions for Extension of Time to File Motion for Leave to Amend Pleadings and/or to Join Additional Parties, filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Extension of Time to File Motion for Leave to Amend Pleadings and/or to Join Additional Parties)(Polak, Jonathan)
December 19, 2017 Opinion or Order Filing 35 UNIFORM STIPULATED PROTECTIVE ORDER #34 APPROVED. Signed by Magistrate Judge Tim A. Baker on 12/20/2017.(SWM)
December 5, 2017 Opinion or Order Filing 34 Joint MOTION for Protective Order & Stipulation Concerning Electronically Stored Information, filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Polak, Jonathan)
November 14, 2017 Opinion or Order Filing 33 ORDER ON NOVEMBER 9, 2017, TELEPHONIC STATUS CONFERENCE - Plaintiffs appeared in person and by counsel, and Defendants appeared by counsel November 9, 2017, for a telephonic status conference. Discussion was held regarding discovery and related matters. **SEE ORDER FOR FURTHER DETAILS** Signed by Magistrate Judge Tim A. Baker. (MGG)
October 27, 2017 Opinion or Order Filing 32 SCHEDULING ORDER: Final Pretrial Conference set for 3/26/2019 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 4/8/2019 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 10/27/2017. Copy Mailed. (CKM)
October 23, 2017 Opinion or Order Filing 31 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 10/13/2017. Dispositive Motions due by 8/17/2018. Discovery due by 6/18/2018. Status Conference set for 11/9/2017 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Defendants' motion to stay discovery. Filing No. #28 is denied. However, the Court agrees with Defendants that Plaintiff's discovery approach - particularly the attempt to depose Defendant's CFO at the outset of this litigation - is overly aggressive. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 10/23/2017.(SWM)
October 12, 2017 Opinion or Order Filing 30 RESPONSE in Opposition re #28 MOTION to Stay re #16 Brief/Memorandum in Support, #15 MOTION to Dismiss re Stay Discovery Pending Resolution of Defendants' Motion to Dismiss , filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC. (Attachments: #1 Exhibit 9/28/17 Letter from Polak to Kelber)(Polak, Jonathan)
October 9, 2017 Opinion or Order Filing 29 BRIEF/MEMORANDUM in Support re #28 MOTION to Stay re #16 Brief/Memorandum in Support, #15 MOTION to Dismiss re Stay Discovery Pending Resolution of Defendants' Motion to Dismiss , filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Exhibit A - Declaration of Michael g. Kelber in support of Defendants' Motion to Stay, #2 Exhibit 1 - Letter of September 18, 2017, #3 Exhibit 2 - Letter of September 20, 2017, #4 Exhibit 3 - Letter of September 22, 2017, #5 Exhibit 4, Part 1 - Letters of October 2, 2017 Enclosing Multiple Discovery Requests, #6 Exhibit 4, Part 2 - Letters of October 2, 2017 Enclosing Multiple Discovery Requests, #7 Exhibit 4, Part 3, Letters of October 2, 2017 Enclosing Multiple Discovery Requests)(Byczko, Caitlin)
October 9, 2017 Opinion or Order Filing 28 MOTION to Stay re #16 Brief/Memorandum in Support, #15 MOTION to Dismiss re Stay Discovery Pending Resolution of Defendants' Motion to Dismiss, filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Text of Proposed Order on Defendants' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss)(Byczko, Caitlin)
October 6, 2017 Opinion or Order Filing 27 Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs HEARTLAND CONSUMER PRODUCTS LLC, TC HEARTLAND LLC . (Costa, Cristina)
September 29, 2017 Opinion or Order Filing 26 ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Judge Sarah Evans Barker. Judge Larry J. McKinney is no longer assigned to the case. Please included the new case number, 1:17-cv-1035-SEB-TAB, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 9/29/2017. (MAT)
September 22, 2017 Opinion or Order Filing 25 SCHEDULING ORDER: Initial Pretrial Conference set for 10/13/2017 02:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Copy to Katherine Dennis Nye via US Mail. Signed by Magistrate Judge Tim A. Baker on 9/22/2017.(SWM)
September 12, 2017 Opinion or Order Filing 24 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE - This cause has come before the Court upon the #20 motion of Caitlin R. Byczko of the law firm Barnes & Thornburg LLP, seeking an Order granting Collette A. Brown of Neal, Gerber & Eisenberg LLP, leave to appear pro hac vice for the purpose of appearing as counsel on behalf of DineEquity, Inc. in the above-styled cause only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Signed by Judge Larry J. McKinney on 9/12/2017. Copies distributed pursuant to distribution list. (GSO)
September 8, 2017 Opinion or Order Filing 23 Submission of Signature Requirement re #20 MOTION for Attorney(s) Collette A. Brown to Appear pro hac vice (Filing fee $100, receipt number 0756-4525832) by DINEEQUITY, INC.. (Byczko, Caitlin)
September 7, 2017 Opinion or Order Filing 22 MOTION Defendants' Request for Oral Argument on Pending Motion to Dismiss, filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Text of Proposed Order)(Byczko, Caitlin) Modified on 9/8/2017 (JKS).
September 7, 2017 Opinion or Order Filing 21 REPLY in Support of Motion re #15 MOTION to Dismiss , filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Byczko, Caitlin)
September 7, 2017 Opinion or Order Filing 20 MOTION for Attorney(s) Collette A. Brown to Appear pro hac vice (Filing fee $100, receipt number 0756-4525832), filed by Defendant DINEEQUITY, INC.. (Attachments: #1 Exhibit A - Certification of Collette A. Brown)(Byczko, Caitlin)
August 31, 2017 Opinion or Order Filing 19 RESPONSE in Opposition re #15 MOTION to Dismiss , filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC. (Attachments: #1 Exhibit Courtesy Copy of 2002 Franchise Agreement)(Polak, Jonathan)
August 18, 2017 Opinion or Order Filing 18 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE - This cause has come before the Court upon the #14 motion of Caitlin R. Byczko of the law firm Barnes & Thornburg LLP, seeking an Order granting Michael G. Kelber of Neal Gerber & Eisenberg, leave to appear pro hac vice for the purpose of appearing as counsel on behalf of Defendants in the above-styled cause only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Signed by Judge Larry J. McKinney on 8/18/2017. Copies distributed pursuant to distribution list. (GSO)
August 18, 2017 Opinion or Order Filing 17 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE - This cause has come before the Court upon the #13 motion of Caitlin R. Byczko of the law firm Barnes & Thornburg LLP, seeking an Order granting Katherine Dennis Nye of Neal Gerber & Eisenberg, leave to appear pro hac vice for the purpose of appearing as counsel on behalf of Defendants in the above-styled cause only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Signed by Judge Larry J. McKinney on 8/18/2017. Copies distributed pursuant to distribution list. (GSO)
August 17, 2017 Opinion or Order Filing 16 BRIEF/MEMORANDUM in Support re #15 MOTION to Dismiss , filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Byczko, Caitlin)
August 17, 2017 Opinion or Order Filing 15 MOTION to Dismiss , filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Byczko, Caitlin)
August 17, 2017 Opinion or Order Filing 14 MOTION for Attorney(s) Michael G. Kelber to Appear pro hac vice (Filing fee $100, receipt number 0756-4496170), filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Exhibit A - Certification of Michael G. Kelber, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Byczko, Caitlin)
August 17, 2017 Opinion or Order Filing 13 MOTION for Attorney(s) Katherine Dennis Nye to Appear pro hac vice (Filing fee $100, receipt number 0756-4495919), filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Attachments: #1 Exhibit A - Certification of Katherin Dennis Nye, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Byczko, Caitlin)
July 10, 2017 Opinion or Order Filing 12 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Caitlin R. Brandon hereby notifies the Clerk of the court of changed contact information. (Brandon, Caitlin)
July 7, 2017 Opinion or Order Filing 11 NOTICE of Parties' First Extension of Time, filed by Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Brandon, Caitlin)
July 7, 2017 Opinion or Order Filing 10 NOTICE of Appearance by Caitlin R. Brandon on behalf of Defendants APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Brandon, Caitlin)
June 27, 2017 Opinion or Order Filing 9 Summons Issued as to Defendant DINEEQUITY, INC. (GSO)
June 26, 2017 Opinion or Order Filing 8 Proposed Summons submitted for issuance by the clerk as to APPLEBEES FRANCHISOR LLC, APPLEBEES RESTAURANTS LLC, APPLEBEES SERVICES, INC., DINEEQUITY, INC., IHOP FRANCHISING LLC, IHOP FRANCHISOR LLC, INTERNATIONAL HOUSE OF PANCAKES, LLC. (Polak, Jonathan)
April 10, 2017 Opinion or Order Filing 7 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Complaint filed 4/3/2017) (JKS)
April 4, 2017 Opinion or Order Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM)
April 3, 2017 Opinion or Order Filing 5 NOTICE of Appearance by Cristina A. Costa on behalf of Plaintiff HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND, LLC. (Costa, Cristina)
April 3, 2017 Opinion or Order Filing 4 NOTICE of Appearance by Jonathan G. Polak on behalf of Plaintiff HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND, LLC. (Polak, Jonathan)
April 3, 2017 Opinion or Order Filing 3 ***PLEASE DISREGARD - See Appearance at #5 *** NOTICE of Appearance by Jonathan G. Polak on behalf of Plaintiff HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND, LLC. (Polak, Jonathan) Modified on 4/4/2017 (GSO).
April 3, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET , filed by Plaintiff HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND, LLC. (Polak, Jonathan)
April 3, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-4301240) (Polak, Jonathan)

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Search for this case: HEARTLAND CONSUMER PRODUCTS LLC et al. v. DINEEQUITY, INC., et al
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Plaintiff: HEARTLAND CONSUMER PRODUCTS LLC and TC HEARTLAND, LLC
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Plaintiff: HEARTLAND CONSUMER PRODUCTS LLC
Represented By: Cristina A. Costa
Represented By: Jonathan G. Polak
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Defendant: DINEEQUITY, INC
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Defendant: IHOP FRANCHISING LLC
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Defendant: INTERNATIONAL HOUSE OF PANCAKES, INC.
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Defendant: APPLEBEE'S INTERNATIONAL, INC.
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Defendant: IHOP RESTAURANTS LLC
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter claimant: INTERNATIONAL HOUSE OF PANCAKES, LLC
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter claimant: DINEEQUITY, INC.
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Collette A. Brown
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter claimant: APPLEBEES SERVICES, INC.
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter claimant: IHOP FRANCHISOR LLC
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter claimant: APPLEBEES FRANCHISOR LLC
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter claimant: APPLEBEES RESTAURANTS LLC
Represented By: Andrew Starwalt Fraker
Represented By: Caitlin R. Byczko
Represented By: Katherine Dennis Nye
Represented By: Michael G. Kelber
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Counter defendant: TC HEARTLAND LLC
Represented By: Cristina A. Costa
Represented By: Jonathan G. Polak
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