El Pollo Loco, Inc. v. La Casa Del Pollo, Inc. et al
| El Pollo Loco, Inc. |
| La Casa Del Pollo, Inc., My Pollo Loco, Inc. and Does 1 through 10 |
| 3:2023cv00036 |
| January 23, 2023 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| John W deGravelles |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ORDER granting #21 Unopposed Motion for Extension of Time to File Responsive Pleadings. Defendants My Pollo Loco, Inc. and La Casa Del Pollo, Inc. are granted an extension of time until 4/17/2023 to answer or otherwise plead. The #22 Unopposed Motion to Strike Partially Unopposed Motion for Extension of Time to File Responsive Pleadings is GRANTED and the Clerk's Office shall STRIKE R. Doc. 18 from the record. The Motion for Extension of Time filed at R. Doc. 18 is terminated as it is stricken. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/7/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: #21 MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint . This motion is now pending before the USMJ. (JEG) |
| MOTION(S) REFERRED: #22 MOTION to Strike 18 Partially Unopposed MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint. This motion is now pending before the USMJ. (JEG) |
| Filing 22 MOTION to Strike 18 Partially Unopposed MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint by La Casa Del Pollo, Inc., My Pollo Loco, Inc. (Attachments: #1 Proposed Order)(Quinn, Julie) Modified on 3/3/2023 to edit title of document. (JEG). |
| Filing 21 MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint by La Casa Del Pollo, Inc., My Pollo Loco, Inc. (Attachments: #1 Attachment Proposed Order)(Quinn, Julie) Modified on 3/3/2023 to edit title of document. (JEG). |
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Filing 20
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 4/5/2023 at 10:00 AM by video before Magistrate Judge Richard L. Bourgeois Jr. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/28/2023. (SGO) Modified on 3/1/2023 to edit the text (SGO).
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| MOTION(S) REFERRED: 18 Unopposed MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint . This motion is now pending before the USMJ. (JEG) |
| Filing 19 Certificate of Interested Persons by La Casa Del Pollo, Inc., My Pollo Loco, Inc. (Quinn, Julie) |
| Filing 18 STRICKEN FROM THE RECORD Unopposed MOTION for Extension of Time to File Responsive Pleadings to #1 Complaint,, by La Casa Del Pollo, Inc., My Pollo Loco, Inc. (Attachments: # 1 Proposed Order)(Quinn, Julie) Modified on 2/27/2023 to edit title of document and to remove duplicate description of attachment. (JEG). Modified on 3/7/2023 to remove document as it has been stricken by Order # 23 (LLH). |
| Filing 17 Notice to Counsel: In light of difficulties due to the accelerated timeframes associated with the expedited settlement conference, the Settlement Conference set for 2/22/2023 at 01:30 PM is CANCELLED. Counsel shall contact chambers on 2/22/23 and speak with the courtroom deputy in order to reschedule. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) |
| Filing 16 Minute Entry for proceedings held before Judge John W. deGravelles: A Status Conference was held on 2/15/2023. The parties updated the Court on the status of the matter as set forth in document. Should the parties be unsuccessful in settling the matter, the parties shall file a written motion for status conference. (JEG) |
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Filing 15
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 2/22/2023 at 01:30 PM by video before Magistrate Judge Richard L. Bourgeois Jr. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/15/2023. (SGO)
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| Filing 14 Notice to Counsel:Status Conference before the District Judge set for 2/15/2023 at 10:00 AM by video before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 13 SUMMONS Returned Executed by El Pollo Loco, Inc.. My Pollo Loco, Inc. served on 1/31/2023, answer due 2/21/2023. (Kitchens, Byron) |
| Filing 12 SUMMONS Returned Executed by El Pollo Loco, Inc.. La Casa Del Pollo, Inc. served on 1/31/2023, answer due 2/21/2023. (Kitchens, Byron) |
| Filing 11 MOTION for Preliminary Injunction by El Pollo Loco, Inc. (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Declaration of Jollay, #3 Exhibit A. EPL registered marks, #4 Exhibit B. EPL pending mark, #5 Exhibit C MPL website, #6 Exhibit D MPL facebook, #7 Exhibit E MPL facebook photos, #8 Exhibit F MPL advertisement, #9 Exhibit G EPL and MPL advertisements, #10 Exhibit H LCDP foodtruck, #11 Exhibit I infringement communications, #12 Exhibit MPL trade name application, #13 Exhibit K LCDP trademark application, #14 Exhibit L EPL and MPL name and logo comparison, #15 Proposed Order for Hearing Date, #16 Attachment Rule 65 Certificate, #17 Cert Ex. A proof of service LCDP, #18 Cert Ex. B LCDP 1-23 mail, #19 Cert Ex. C LCDP 1-23 delivery, #20 Cert Ex. D LCDP SOS filing, #21 Cert Ex. E LCDP 1-23 second mail, #22 Cert Ex. F LCDP 1-23 second delivery, #23 LCDP Ex G 1-23 mail, #24 Cert Ex. H LCDP 1-24 delivery, #25 Ex. I LCDP 1-24 second mail, #26 Cert Ex. J LCDP 1-24 second mail, #27 Cert Ex. K LCDP 2-1 mail, #28 Cert Ex. L LCDP 2-1 del attempt, #29 Cert Ex. M LCDP 2-1 second mail, #30 Cert Ex. N LCDP second del attempt, #31 Cert Ex. O Affidavit of Due Diligence, #32 Cert Ex. P Proof of Service MPL, #33 Cert Ex. Q MPL 1-23 mail, #34 Cert Ex. R MPL 1-23 del attempt, #35 Cert Ex. S MPL 1-23 second mail, #36 Cert Ex. T MPL 1-23 second del attempt, #37 Cert Ex. U MPL 1-24 mail, #38 Cert Ex. V MPL 1-24 del attempt, #39 Cert Ex. W MPL 1-24 second mail, #40 Cert Ex. X MPL second del attempt, #41 Cert Ex. Y MPL 2-1 mail, #42 Cert Ex. Z MPL 2-1 del attempt, #43 Cert Ex. AA MPL second mail, #44 Cert Ex. BB MPL second del attempt, #45 Exhibit MPL SOS filing)(Kitchens, Byron) Modified on 2/9/2023 to remove duplicate of description of attachments (JEG). |
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Filing 10
SCHEDULING CONFERENCE ORDER: A Telephone Scheduling Conference is set for 4/27/2023 at 09:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court a t(225) 389-3602. Status Report due by 4/13/2023. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/1/2023. (SGO)
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Filing 9
ORDER granting #7 Motion for Kevin A. Adams to Appear Pro Hac Vice on behalf of Plaintiff El Pollo Loco, Inc. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/30/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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| Filing 8 Transmission of Initial AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark to the Director of the U.S. Patent and Trademark Office via email. (Kitchens, Byron) |
| MOTION(S) REFERRED: #7 MOTION for Kevin A. Adams to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2533145). This motion is now pending before the USMJ. (ELW) |
| Filing 7 MOTION for Kevin A. Adams to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2533145) by El Pollo Loco, Inc. (Attachments: #1 Exhibit Ex. 1 Affidavit and oath, #2 Exhibit Ex. 2 certificate of good standing, #3 Proposed Pleading; proposed order)(Kitchens, Byron) |
| Filing 6 Exhibit(s) to #1 Complaint,, by El Pollo Loco, Inc.. (Attachments: #1 Exhibit Ex. 1 Website screenshot, #2 Exhibit Ex. 2 Food truck image, #3 Exhibit Ex. 3 FaceBook Page posts sample screenshots, #4 Exhibit Ex. 4 March 16, 2022 FaceBook Page post screenshot, #5 Exhibit Ex. 5 November 8, 2022 letter, #6 Exhibit Ex. 6 November 22, 2022 application, #7 Exhibit Ex. 7 Louisiana Secretary of States approval, #8 Exhibit Ex. 8 December 1, 2022 email, #9 Exhibit Ex. 9 December 1, 2022 letter, #10 Exhibit Ex. 10 Trademark Status & Document Retrieval status)(Kitchens, Byron) (Attachment 1 through 4 replaced on 1/25/2023) (ELW). (Attachment 7 replaced on 1/25/2023) (ELW). Modified on 1/25/2023 to correct page orientation (ELW). |
| Filing 5 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Complaint. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (EDC) |
| Filing 4 Summons Issued as to La Casa Del Pollo, Inc., My Pollo Loco, Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 summons, #2 summons, #3 summons)(EDC) |
| Filing 3 NOTICE: Counsel shall submit the approved AO 120 for Patents and Trademarks form located at #https://www.uscourts.gov/forms/other-forms/report-filing-patenttrademark for transmission to the Patent and Trademark Office. Once completed, the form will be filed using the event Report on Filing of AO 120 - Patents or Trademarks located under the Notices Category. (NLT) |
| Filing 2 Certificate of Interested Persons by El Pollo Loco, Inc. identifying Affiliate/Interested Person El Pollo Loco Holdings, Inc., Affiliate/Interested Person Trimaran Pollo Partners, L.L.C., Affiliate/Interested Person FS Equity V. for El Pollo Loco, Inc... (Kitchens, Byron) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2532167.), filed by El Pollo Loco, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Attachment Civil Cover Sheet, #12 Attachment Summons La Casa 1, #13 Attachment Summons La Casa 2, #14 Attachment Summons My Pollo 1, #15 Attachment Summons My Pollo 2)(Kitchens, Byron) (Attachments 1-4 & 7 replaced on 1/24/2023) (EDC). Modified on 1/24/2023 to rotate pages. (EDC). |
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