Luraco Health & Beauty LLC v. Tran et al
| Luraco Health & Beauty LLC |
| Burry Cosmetic Inc, Xuyen Chau Luc Mfg - Trading Co Ltd, GTP International Corp, Sam's Spa Supply Inc, Vu Tran, Sam's Nail Supply Inc, Sam's Nail Supply San Antonio Inc, Nga Vo, Sam-Spa Holding Company Inc, Lucy Sam's Spa Supply Inc and Lucy Sam's Spa & Nail Supply, Inc. |
| 4:2019cv00051 |
| January 23, 2019 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Patent |
| 15 U.S.C. § 1126 |
| Plaintiff |
Docket Report
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| Filing 27 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Vu Tran waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Sam-Spa Holding Company Inc waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Sam's Spa Supply Inc waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Sam's Nail Supply San Antonio Inc waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Sam's Nail Supply Inc waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Nga Vo waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Lucy Sam's Spa & Nail Supply, Inc. waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. GTP International Corp waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Luraco Health & Beauty LLC. Burry Cosmetic Inc waiver sent on 2/19/2019, answer due 4/22/2019. (Norred, Warren) |
| Filing 18 SUMMONS Issued as to Xuyen Chau Luc Mfg - Trading Co Ltd. (rpc, ) |
Filing 17
ORDER granting #14 Motion to Amend Case Style and Correct Name. IT IS THEREFORE ORDERED that Plaintiff's First Amended Complaint (Dkt. #16 ) is deemed filed as of February 15, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/15/2019. (rpc, )
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| Filing 16 AMENDED COMPLAINT against All Defendants, filed by Luraco Health & Beauty LLC. (Attachments: #1 Exhibit US Patent 9,926,933, #2 Exhibit US Patent D622,736, #3 Exhibit US Patent D751,723, #4 Exhibit Accused Spa Jet, #5 Exhibit Accused Pedicure Spa, #6 Exhibit First Demand Letter, #7 Exhibit Second Demand Letter)(Norred, Warren) |
| NOTICE of Deficiency regarding Document #15 (Amended Complaint) submitted by Luraco Health & Beauty LLC. Exhibits not filed in compliance with Local Rule CV-5(a)(6). Correction should be made by one business day. (daj, ) |
| Filing 15 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***AMENDED COMPLAINT against All Defendants, filed by Luraco Health & Beauty LLC. (Attachments: #1 Appendix Exhibits A-G)(Norred, Warren) Modified on 2/15/2019 (daj, ). |
| Filing 14 Unopposed MOTION to Amend/Correct #1 Complaint,,,,, by Luraco Health & Beauty LLC. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Norred, Warren) (Attachment 2 replaced on 2/14/2019) (rpc, ). |
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Filing 13
ORDER. The Court hereby WITHDRAWS the February 6 Order (Dkt. #12 ). IT IS FURTHER ORDERED that Plaintiff's Amended Complaint (Dkt. #11 ) is not deemed filed, and Plaintiff's Original Complaint (Dkt. #1 ) remains the operative complaint unless the Court grants Plaintiff leave to amend its complaint. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/7/2019. (rpc, )
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Filing 12
***WITHDRAWN PER #13 . PLEASE DISREGARD.*** ORDER granting #9 Motion to Amend/Correct Complaint. IT IS FURTHER ORDERED that Plaintiff's First Amended Complaint (Dkt. #11 ) is deemed filed as of January 30, 2019. IT IS FINALLY ORDERED that Plaintiff shall file proof of Defendants' waiver of service within thirty (30) days of this Order, or notify the Court of the reason for any delay. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/6/2019. (rpc, ) Modified on 2/7/2019 (rpc, ).
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| Filing 11 AMENDED COMPLAINT (correcting name of one defendant) against Burry Cosmetic Inc, GTP International Corp, Sam's Nail Supply Inc, Sam's Nail Supply San Antonio Inc, Sam's Spa Supply Inc, Sam-Spa Holding Company Inc, Vu Tran, Nga Vo, Xuyen Chau Luc Mfg - Trading Co Ltd, Lucy Sam's Spa & Nail Supply, Inc., filed by Luraco Health & Beauty LLC. (Attachments: #1 Exhibit Patent, #2 Exhibit Patent, #3 Exhibit Patent, #4 Exhibit Accused Pump, #5 Exhibit Accused Pediure, #6 Exhibit First Demand Letter, #7 Exhibit Second Demand Letter)(Norred, Warren) |
| Filing 10 NOTICE by Luraco Health & Beauty LLC re #9 Agreed MOTION to Amend/Correct #1 Complaint,,,,, to Correct NameAgreed MOTION to Substitute Party (Misnamed Defendant) (Norred, Warren) |
| Filing 9 Agreed MOTION to Amend/Correct #1 Complaint,,,,, to Correct Name, Agreed MOTION to Substitute Party (Misnamed Defendant) by Luraco Health & Beauty LLC. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Text of Proposed Order Granting Motion)(Norred, Warren) |
| Filing 8 Case transferred in from District of Texas Northern; Case Number 3:18-cv-03389. Original file certified copy of transfer order and docket sheet received. |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) |
| Case Assigned to District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (rpc, ) |
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Filing 7
Order Transferring to Another District: Case transferred to Sherman Division of Eastern District of TX. (Ordered by Judge Ed Kinkeade on 1/22/2019) (epm) [Transferred from Texas Northern on 1/23/2019.]
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Luraco Health & Beauty LLC. (Norred, Warren) [Transferred from Texas Northern on 1/23/2019.] |
| Judge Ed Kinkeade added pursuant to Special Order 3-287. Senior Judge A. Joe Fish no longer assigned to case. (ewd) [Transferred from Texas Northern on 1/23/2019.] |
| Filing 5 FIRST AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Luraco Health & Beauty LLC. (Norred, Warren) Modified on 12/26/2018 (zkc). [Transferred from Texas Northern on 1/23/2019.] |
| Filing 4 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (epm) [Transferred from Texas Northern on 1/23/2019.] |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (epm) [Transferred from Texas Northern on 1/23/2019.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Luraco Health & Beauty LLC. (Norred, Warren) (Main Document 2 replaced on 12/21/2018) (epm). [Transferred from Texas Northern on 1/23/2019.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Luraco Health & Beauty LLC. (Filing fee $400; Receipt number 0539-9666069) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Utility Patent No. 9,926,933, #2 Exhibit(s) Design Patent No. D622,736, #3 Exhibit(s) Design Patent No. D751,723, #4 Exhibit(s) Image of Sams Accused Pump, #5 Exhibit(s) Image of Sams Accused Pedicure, #6 Exhibit(s) First Demand Letter, #7 Exhibit(s) Second Demand Letter) (Norred, Warren) [Transferred from Texas Northern on 1/23/2019.] |
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