Dupart, et al v. Roussell, et al
Plaintiff: Shawntae Harris, Jesseca Dupart, Jesseca Dupart doing business as Miracle Drops formerly known as Darealbbjudy, Da Brat and Darealbbjudy
Defendant: 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
Case Number: 2:2020cv01406
Filed: May 11, 2020
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Michael North
Referring Judge: Karen Wells Roby
2 Judge: Sarah S Vance
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2021 Opinion or Order Filing 47 AO 120 Final Report Regarding Patent & Trademark (mm)
June 21, 2021 Opinion or Order 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)
June 17, 2021 Opinion or Order 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)
June 14, 2021 Opinion or Order 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)
June 1, 2021 Opinion or Order Filing 43 Witness and Exhibit List by Jesseca Dupart. (Williams, Sharonda)
May 17, 2021 Opinion or Order 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)
December 10, 2020 Opinion or Order 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)
November 16, 2020 Opinion or Order 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)
October 30, 2020 Opinion or Order 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)
October 28, 2020 Opinion or Order Filing 38 AO 120 Final Report Regarding Patent & Trademark. (mm)
October 28, 2020 Opinion or Order 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).
October 28, 2020 Opinion or Order 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)
October 14, 2020 Opinion or Order 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)
October 14, 2020 Opinion or Order 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)
October 14, 2020 Opinion or Order 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)
September 23, 2020 Opinion or Order 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).
September 14, 2020 Opinion or Order 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)
September 14, 2020 Opinion or Order Filing 30 DEFICIENT: MOTION to Dismiss Summary Judgment by Rodney J Roussell. (mm)
July 14, 2020 Opinion or Order 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)
July 6, 2020 Opinion or Order 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)
July 6, 2020 Opinion or Order 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).
July 1, 2020 Opinion or Order 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)
June 26, 2020 Opinion or Order 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)
June 26, 2020 Opinion or Order 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)
June 26, 2020 Opinion or Order Filing 23 ORDER granting #22 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 6/26/2020. (mm)
June 25, 2020 Opinion or Order 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).
June 4, 2020 Opinion or Order 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)
June 2, 2020 Opinion or Order 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)
June 2, 2020 Opinion or Order Filing 19 ANSWER to #1 Complaint, COUNTERCLAIM against Jesseca Dupart by Rodney J Roussell. (Attachments: #1 Exhibits A-H)(mm)
May 28, 2020 Opinion or Order 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)
May 26, 2020 Opinion or Order 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)
May 21, 2020 Opinion or Order 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)
May 21, 2020 Opinion or Order Filing 15 NOTICE of Voluntary Dismissal Without Prejudice as to Google, LLC, Facebook, Inc., Twitter, Inc. by Jesseca Dupart, Shawntae Harris. (Williams, Sharonda)
May 19, 2020 Opinion or Order Filing 14 SUMMONS Returned Executed; Twitter, Inc. served on 5/14/2020, answer due 6/4/2020. (Williams, Sharonda)
May 19, 2020 Opinion or Order Filing 13 SUMMONS Returned Executed; Rodney J Roussell served on 5/18/2020, answer due 6/8/2020. (Williams, Sharonda)
May 19, 2020 Opinion or Order Filing 12 SUMMONS Returned Executed; Google, LLC served on 5/15/2020, answer due 6/5/2020. (Williams, Sharonda)
May 19, 2020 Opinion or Order Filing 11 SUMMONS Returned Executed; Facebook, Inc. served on 5/15/2020, answer due 6/5/2020. (Williams, Sharonda)
May 14, 2020 Opinion or Order 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)
May 14, 2020 Opinion or Order 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)
May 13, 2020 Opinion or Order 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)
May 13, 2020 Opinion or Order 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)
May 12, 2020 Opinion or Order Filing 6 Summons Issued as to Facebook, Inc., Google, LLC, Rodney J Roussell, Twitter, Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons)(mm)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order Filing 4 AO 120 Report Regarding Patent & Trademark. (mm)
May 11, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order Filing 2 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Karen Wells Roby. (aj)
May 11, 2020 Opinion or Order 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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Defendant: Rodney J Roussell
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Defendant: M.C. Shakie
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Defendant: Facebook, Inc.
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Defendant: Unidentified Parties
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Defendant: Twitter, Inc.
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Defendant: Google, LLC
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Defendant: Rodney J Roussell also known as M.C. Shakie doing business as Sip Cosmetics
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Defendant: Google, LLC doing business as Youtube
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Defendant: Facebook, Inc. doing business as Instagram
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Defendant: Rodney J Roussell also known as M. C. Shakie doing business as Sip Cosmetics
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Defendant: M. C. Shakie
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Defendant: Google, LLC Termed per doc. 15 doing business as Youtube
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Defendant: Facebook, Inc. Termed per doc. 15 doing business as Instagram
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Plaintiff: Shawntae Harris
Represented By: Sharonda R. Williams
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Plaintiff: Jesseca Dupart
Represented By: Sharonda R. Williams
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Plaintiff: Jesseca Dupart doing business as Miracle Drops formerly known as Darealbbjudy
Represented By: Sharonda R. Williams
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Plaintiff: Da Brat
Represented By: Sharonda R. Williams
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Plaintiff: Darealbbjudy
Represented By: Sharonda R. Williams
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