Dupart, et al v. Roussell, et al
| Shawntae Harris, Jesseca Dupart, Jesseca Dupart doing business as Miracle Drops formerly known as Darealbbjudy, Da Brat and Darealbbjudy |
| Rodney J Roussell, M.C. Shakie, Facebook, Inc., Unidentified Parties, Twitter, Inc., Google, LLC, Rodney J Roussell also known as M.C. Shakie doing business as Sip Cosmetics, Google, LLC doing business as Youtube, Facebook, Inc. doing business as Instagram, Rodney J Roussell also known as M. C. Shakie doing business as Sip Cosmetics, M. C. Shakie, Google, LLC Termed per doc. 15 doing business as Youtube and Facebook, Inc. Termed per doc. 15 doing business as Instagram |
| 2:2020cv01406 |
| May 11, 2020 |
| US District Court for the Eastern District of Louisiana |
| Michael North |
| Karen Wells Roby |
| Sarah S Vance |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.
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Filing 47
AO 120 Final Report Regarding Patent & Trademark (mm)
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Filing 46
ORDER OF DISMISSAL: IT IS ORDERED that this action is hereby DISMISSED WITH PREJUDICE. Signed by Judge Sarah S. Vance on 6/21/2021.(mm)
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Filing 45
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 6/17/2021. Negotiations were successful and resulted in the settlement of Plaintiffs' claims; the material terms of the settlement agreement were memorialized on the record telephonically. (Court Reporter Nichelle Wheeler.) (NEF: J.Vance) (lag)
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Filing 44
ORDER RECONVENING SETTLEMENT CONFERENCE: Settlement Conference will be reconvened via telephone on 6/17/2021 at 1:00 PM before Magistrate Judge Michael North. The individual parties shall be available to speak to the Court by telephone during the conference. The Court will initiate the call. Signed by Magistrate Judge Michael North on 6/14/2021.(jls)
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Filing 43
Witness and Exhibit List by Jesseca Dupart. (Williams, Sharonda)
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Filing 42
ORDER: IT IS ORDERED that the #41 scheduling order is hereby amended to correct a typographical error and to reflect that all non-evidentiary pretrial motions, including dispositive motions, shall be filed no later than May 18, 2021 to permit a submission date on or before June 2, 2021. Memorandum in Opposition to motions with citations of authorities are to be filed no later than MAY 25, 2021. Motions in limine regarding the admissibility of expert testimony shall be filed no later than May 18, 2021 to permit a submission date on or before June 2, 2021. Memorandum in opposition to motions with citations of authorities are to be filed no later than MAY 25, 2021. Signed by Judge Sarah S. Vance on May 17, 2021.(mp)
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Filing 41
SCHEDULING ORDER: Final Pretrial Conference set for 7/1/2021 at 2:00 PM before Judge Sarah S. Vance. Jury Trial (2-4 days) set for 7/19/2021 at 8:30 AM before Judge Sarah S. Vance. All discovery must be completed by 6/1/2021. Signed by Judge Sarah S. Vance on 12/10/2020. (Attachments: #1 Pretrial Notice Form)(jls)
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Filing 40
ORDER AND REASONS denying #8 Emergency MOTION for Preliminary and Permanent Injunctive Relief. A preliminary conference will be held BY TELEPHONE on DECEMBER 10, 2020 at 10:45 a.m., for the purposes of scheduling trial and pretrial deadlines. The Court will initiate the telephone conference call and will be represented at the conference by its Case Manager. Signed by Judge Sarah S. Vance on 11/16/2020.(cwa)
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Filing 39
ORDER REOPENING CASE. ORDERED that the judgment dated October 28, 2020 was issued in error and is hereby vacated. Case is still pending. The Court's order and reasons dated October 28, 2020 remains in full force and effect. Signed by Judge Sarah S. Vance on 10/30/2020.(ko)
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Filing 38
AO 120 Final Report Regarding Patent & Trademark. (mm)
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Filing 37
*VACATED PER ORDER AT REC. DOC. 39* JUDGMENT: Considering the Court's #36 order and reasons on file herein, IT IS ORDERED, ADJUDGED AND DECREED that plaintiffs Harris's and Dupart's trademark-infringement claims under 15 U.S.C. 1125(a)(1)(A) and plaintiff Harris's false-advertising and false-designation-of-geographic-origin claims under 15 U.S.C. 1125(a)(1)(B) are dismissed. The Court finds that plaintiff Dupart has stated a claim for false-advertising and false-designation-of-geographic origin under 15 U.S.C. 1125(a)(1)(B). Signed by Judge Sarah S. Vance on 10/28/2020.(mm) Modified on 10/30/2020 (ko).
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Filing 36
ORDER AND REASONS: For the reasons stated herein, the Court DISMISSES plaintiffs Harris's and Dupart's trademark-infringement claims under 15 U.S.C. 1125(a)(1)(A), and dismisses plaintiff Harris's false-advertising and false-designation- of-geographic-origin claims under 15 U.S.C. 1125(a)(1)(B). The Court finds that plaintiff Dupart has stated a claim for false-advertising and false-designation-of-geographic origin under 15 U.S.C. 1125(a)(1)(B). Plaintiffs' #33 motion to strike, #34 expedite consideration, and #35 extend time to respond to Roussell's memorandum are MOOT. Signed by Judge Sarah S. Vance on 10/28/2020. (mm)
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Filing 35
EXPARTE/CONSENT MOTION for Extension of Time to File Response by Jesseca Dupart, Jesseca Dupart, Shawntae Harris. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Williams, Sharonda)
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Filing 34
EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Strike re: rec. doc. 33 by Jesseca Dupart, Shawntae Harris. (Attachments: #1 Proposed Order)(Williams, Sharonda)
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Filing 33
MOTION to Strike #32 MOTION to Dismiss/Summary Judgment by Jesseca Dupart, Shawntae Harris. Motion(s) will be submitted on 11/4/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order) Attorney Sharonda R. Williams added to party Jesseca Dupart(pty:cd).(Williams, Sharonda)
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Filing 32
MOTION to Dismiss/Summary Judgment by Rodney J Roussell. Motion(s) will be submitted on 10/21/2020. (Attachments: #1 Proposed Order, #2 Notice of Submission, #3 Original Deficient Motion)(mm) Modified on 9/23/2020 (jjs).
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Filing 31
NOTICE OF DEFICIENT ProSe DOCUMENT: re #30 Motion to Dismiss Summary Judgment. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 10/5/2020. (mm)
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Filing 30
DEFICIENT: MOTION to Dismiss Summary Judgment by Rodney J Roussell. (mm)
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Filing 29
RESPONSE TO ORDER TO SHOW CAUSE and Opposition to Motion to Dismiss by Jesseca Dupart, Shawntae Harris re #26 Order (Williams, Sharonda). Modified text on 7/15/2020. (mm)
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Filing 28
NOTICE OF DEFICIENT ProSe DOCUMENT: re #27 Memorandum. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 7/27/2020. (pp)
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Filing 27
**DEFICIENT** MEMORANDUM Defendant's in Response to Plaintiffs' Motion filed by Rodney J Roussell re #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief. (pp) Modified on 7/6/2020 (pp).
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Filing 26
ORDER: Plaintiffs are ordered to show cause by July 14, 2020, as to why the federal claim should not be dismissed. Plaintiffs' response should be no more than twenty-five pages. The pre-hearing conference and preliminary injunction hearing are continued without date, until the Court decides whether jurisdiction is proper. Signed by Judge Sarah S. Vance on 7/1/2020.(mm)
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Filing 25
Correction of Docket Entry by Clerk re #22 REPLY to Response to Motion. **Filing attorney selected incorrect event. Correct event is Motion for Leave to File Document. Clerk took corrective action.** (mm)
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Filing 24
REPLY to Response to Motion filed by Jesseca Dupart, Shawntae Harris re #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief. (Attachments: #1 Exhibit)(mm)
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Filing 23
ORDER granting #22 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 6/26/2020. (mm)
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Filing 22
MOTION for Leave to File Reply filed by Jesseca Dupart, Shawntae Harris re #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading-Exhibit, #3 Proposed Order)(Williams, Sharonda) Modified text/event on 6/26/2020 (mm).
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Filing 21
Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 6/4/2020. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. Further negotiations will proceed telephonically. (dw)
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Filing 20
RESPONSE/MEMORANDUM in Opposition filed by Rodney J Roussell re #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief. (mm)
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Filing 19
ANSWER to #1 Complaint, COUNTERCLAIM against Jesseca Dupart by Rodney J Roussell. (Attachments: #1 Exhibits A-H)(mm)
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Filing 18
Memorandum in Support by Jesseca Dupart, Shawntae Harris re #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-A, #5 Exhibit D)(Williams, Sharonda) (Filed Per Minute Entry at rec. doc. 16)
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Filing 17
ORDER SCHEDULING SETTLEMENT CONFERENCE for 6/4/2020 at 2:00 PM, by telephone, before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 5/26/2020. (dw)
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Filing 16
Minute Entry for proceedings held before Judge Sarah S. Vance: Status Conference held on 5/21/2020. IT IS ORDERED THAT: 1. May 28, 2020. Plaintiffs may file an amended memorandum in support of their motion for a preliminary injunction as stated herein. 2. June 18, 2020. Defendant shall file an opposition to plaintiffs' motion as stated herein. 3. June 25, 2020. Plaintiffs may file a reply brief as stated herein. 4. July 9, 2020, at 2:00 p.m. The Court will hold a pre-hearing conference by telephone, during which it shall inform the parties how further proceedings will be conducted. 5. July 23 2020. The Court may hold a preliminary injunction hearing as stated herein. 6. The parties shall confer with Magistrate Judge Michael North concerning a settlement conference. 7. All briefs must cite evidence by the exhibit number and relevant page numbers of attached exhibits. (mm)
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Filing 15
NOTICE of Voluntary Dismissal Without Prejudice as to Google, LLC, Facebook, Inc., Twitter, Inc. by Jesseca Dupart, Shawntae Harris. (Williams, Sharonda)
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Filing 14
SUMMONS Returned Executed; Twitter, Inc. served on 5/14/2020, answer due 6/4/2020. (Williams, Sharonda)
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Filing 13
SUMMONS Returned Executed; Rodney J Roussell served on 5/18/2020, answer due 6/8/2020. (Williams, Sharonda)
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Filing 12
SUMMONS Returned Executed; Google, LLC served on 5/15/2020, answer due 6/5/2020. (Williams, Sharonda)
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Filing 11
SUMMONS Returned Executed; Facebook, Inc. served on 5/15/2020, answer due 6/5/2020. (Williams, Sharonda)
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Filing 10
ORDER re #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief. In order to set a preliminary injunction hearing, the Court will hold a status conference by telephone on 5/21/2020, at 2:00 p.m. before Judge Sarah S. Vance as stated herein. Signed by Judge Sarah S. Vance on 5/14/2020.(mm)
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Filing 9
ORDER AND REASONS denying #8 Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief as stated herein. Signed by Judge Sarah S. Vance on 5/14/2020. (mm)
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Filing 8
EXPARTE/CONSENT Emergency MOTION for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief by Jesseca Dupart, Shawntae Harris. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Verification of Jessica Dupart, #7 Verification of Shawntae Harris, #8 Notice of Submission, #9 Proposed Order)(Williams, Sharonda)
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Filing 7
ORDER OF RECUSAL. Magistrate Judge Karen Wells Roby recused. Case reassigned to Magistrate Judge Michael North. Signed by Magistrate Judge Karen Wells Roby on May 13, 2020.(mp)
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Filing 6
Summons Issued as to Facebook, Inc., Google, LLC, Rodney J Roussell, Twitter, Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons)(mm)
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Filing 5
Request of Summons Issued as to Facebook, Inc., Google, LLC, Rodney J Roussell, Twitter, Inc. filed by All Plaintiffs re #1 Complaint. (Attachments: #1 Summons Rodney Joseph Roussell, #2 Summons Google, LLC, #3 Summons Facebook, Inc., #4 Summons Twitter, Inc.)(Williams, Sharonda)
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Filing 4
AO 120 Report Regarding Patent & Trademark. (mm)
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Filing 3
Correction of Docket Entry by Clerk re #1 Complaint. **Filing attorney incorrectly selected Rodney J Roussell as a filer(s). Correct filer(s) are Shawntae Harris and Jesseca Dupart. Clerk took corrective action.** (mm)
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Filing 2
Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Karen Wells Roby. (aj)
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Filing 1
COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number ALAEDC-8297328) filed by Jesseca Dupart, Shawntae Harris. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Sworn Verification Harris, #5 Sworn Verification Dupart) Attorney Sharonda R. Williams added to party Jesseca Dupart(pty:pla), Attorney Sharonda R. Williams added to party Shawntae Harris(pty:pla).(Williams, Sharonda) Modified filers on 5/11/2020 (mm). (Additional attachment(s) added on 5/11/2020: #6 AO 120 Form) (mm).
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