Candie's Secret, LLC v. The Functional Chocolate Company, LLC
Plaintiff: Candie's Secret, LLC
Defendant: The Functional Chocolate Company, LLC and Nicole Smith
Not Classified By Court: Judge Royal Furgeson
Case Number: 4:2022cv00330
Filed: April 19, 2022
Court: US District Court for the Eastern District of Texas
Presiding Judge: Sean D Jordan
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1127 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2022 Opinion or Order Filing 15 SCHEDULING ORDER: Final Pretrial Conference set for 8/16/2023 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Amended Pleadings due by 11/23/2022. Discovery due by 2/15/2023. Expert Witness List due by 11/9/2022. Joinder of Parties due by 10/12/2022. Jury instructions due by 8/2/2023. Mediation Completion due by 3/15/2023. Designation of Mediator due by 2/1/2023. Motions due by 3/8/2023. Signed by District Judge Sean D. Jordan on 8/29/2022. (daj, )
August 29, 2022 Opinion or Order Filing 14 ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this Court's mediation plan. The parties have agreed upon Hon.Royal Furgeson (Ret.). Signed by District Judge Sean D. Jordan on 8/29/2022. (daj, )
August 24, 2022 NOTICE: The Rule 16 management conference set for 8/31/2022 is CANCELLED. The Court will issue a scheduling order. Entered on 8/24/2022. (ldm)
August 10, 2022 Filing 13 REPORT of Rule 26(f) Planning Meeting. (Baker, John)
July 25, 2022 Filing 12 ANSWER to #8 Amended Complaint , COUNTERCLAIM against Candie's Secret, LLC by The Functional Chocolate Company, LLC, Nicole Smith. (Attachments: #1 Exhibit Screenshot, #2 Exhibit Screenshot)(Kent, Kathryn)
July 11, 2022 Opinion or Order Filing 11 ORDER that Defendants' Motion to Strike, (Dkt. #6 ), is DENIED as moot. Signed by District Judge Sean D. Jordan on 7/11/2022. (las, )
July 7, 2022 Opinion or Order Filing 10 ORDER GOVERNING PORCEEDINGS. Rule 26 Meeting Report due by 8/12/2022. Scheduling Conference set for 8/31/2022 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 7/7/2022. (daj, )
July 6, 2022 Filing 9 MOTION to Strike Portion of the First Amended Complaint by Nicole Smith, The Functional Chocolate Company, LLC. (Attachments: #1 Exhibit Certificate of Conference, #2 Proposed Order)(Kent, Kathryn) Modified on 7/7/2022 (daj, ).
June 23, 2022 Filing 8 AMENDED COMPLAINT against All Defendants, filed by Candie's Secret, LLC.(Baker, John)
June 23, 2022 Filing 7 RESPONSE in Opposition re #6 MOTION to Strike Portions of the Complaint filed by Candie's Secret, LLC. (Baker, John)
June 22, 2022 Filing 6 MOTION to Strike Portions of the Complaint by Nicole Smith, The Functional Chocolate Company, LLC. (Attachments: #1 Exhibit Certificate of Conference)(Kent, Kathryn) (Additional attachment(s) added on 6/22/2022: #2 Text of Proposed Order) (rpc, ).
June 21, 2022 NOTICE of Deficiency regarding document #5 submitted by Nicole Smith, The Functional Chocolate Company, LLC. Motion does not contain a Certificate of Conference pursuant to Local Rule CV-7(i). Correction should be made by one business day. (daj, )
June 17, 2022 Filing 5 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Strike Portions of the Complaint by Nicole Smith, The Functional Chocolate Company, LLC. (Kent, Kathryn) Modified on 6/21/2022 (daj, ).
June 14, 2022 Filing 4 NOTICE of Attorney Appearance - Pro Hac Vice by Kathryn G. Kent on behalf of All Defendants. Filing fee $ 100, receipt number ATXEDC-8973299. (Kent, Kathryn)
April 25, 2022 Filing 2 WAIVER OF SERVICE Returned Executed by Candie's Secret, LLC. All Defendants. (Baker, John)
April 20, 2022 Case assigned to District Judge Sean D. Jordan. (daj, )
April 20, 2022 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. (daj, )
April 19, 2022 Filing 1 COMPLAINT Plaintiff's Original Complaint against All Defendants ( Filing fee $ 402 receipt number 0540-8881936.), filed by Candie's Secret, LLC. (Attachments: #1 Exhibit Exhibit_1_Plaintiffs_SEXY_CHOCOLATES_TRADEMARK_4884983, #2 Exhibit Exhibit_2_Defendants_Attempt_to_Infringe_and_Delay_SEXY_CHOCOLATE_TRADEMARK_97201592, #3 Exhibit Exhibit_3_Evidence_of_Online_Infringement, #4 Exhibit Exhibit_4_A Plaintiffs_SEXY_CHOCOLATES_Product, #5 Civil Cover Sheet Civil_Cover_Sheet)(Baker, John)

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Plaintiff: Candie's Secret, LLC
Represented By: John Gregory Baker
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Defendant: The Functional Chocolate Company, LLC
Represented By: Kathryn G. Kent
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Defendant: Nicole Smith
Represented By: Kathryn G. Kent
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Not classified by court: Judge Royal Furgeson
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