KFC Corporation v. Texas Petroplex Inc et al
| KFC Corporation |
| Mohammad Tatari, Texas Petroplex Inc, Mike, Naim Tatari, Hala Tatari and Lama Tatari |
| 3:2012cv04039 |
| October 10, 2012 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX US, Outside State |
| Barbara MG Lynn |
| Property Rights: Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on January 15, 2013. A more recent docket listing may be available from PACER.
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| Filing 66 Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (tla) |
Filing 65
JUDGMENT: The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. It is ORDERED, ADJUDGED, and DECREED that this case is DISMISSED WITH PREJUDICE. The parties shall each bear their own costs and fees. (Ordered by Judge Barbara M.G. Lynn on 1/15/2013) (tla)
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Filing 64
ORDER granting #62 Motion to Dismiss. All claims and counterclaims in this case are DISMISSED WITH PREJUDICE. (Ordered by Judge Barbara M.G. Lynn on 1/15/2013) (tla)
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Filing 63
SCHEDULING ORDER: Jury trial on this Court's two-week docket beginning 10/28/2013 09:00 AM before Judge Barbara M.G. Lynn. Joinder of Parties due by 3/29/2013. Amended Pleadings due by 4/12/2013. Motions due by 6/28/2013. Factual Discovery due by 5/24/2013. Expert Discovery due by 5/31/2013. Settlement Status Report due by 4/22/2013. Pretrial Materials due by 10/15/2013. Pretrial Order due by 10/15/2013. Pretrial Conference set for 10/25/2013 09:00 AM before Judge Barbara M.G. Lynn. (Ordered by Judge Barbara M.G. Lynn on 1/14/2013) (tla)
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| Filing 62 Joint MOTION to Dismiss filed by KFC Corporation, Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex Inc (Attachments: #1 Proposed Order) (Beckwith, Van) |
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Filing 61
ELECTRONIC ORDER CANCELLING MOTION HEARING SET FOR MONDAY, DECEMBER 17, 2012, AT 9:00. The hearing will be reset by subsequent order if necessary. (Ordered by Judge Barbara M.G. Lynn on 12/14/2012) (chmb)
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| Filing 60 Joint STATUS REPORT filed by KFC Corporation, Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (Beckwith, Van) |
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Filing 59
ORDER: Motion Hearing set for 12/17/2012 09:00 AM before Judge Barbara M.G. Lynn. re: #12 Motion for Preliminary Injunction. (Ordered by Judge Barbara M.G. Lynn on 11/30/2012) (jrr)
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| Filing 58 NOTICE of Dismissal of Defendant Hala Tatari filed by KFC Corporation (Beckwith, Van) |
| Filing 57 Sur-reply filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. re: #12 (McCall, Sheree) |
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Filing 56
ORDER granting #52 Motion for Leave to File. Plaintiff may file an appendix to its reply brief in support of its Motion for Preliminary Injunction. In addition, Defendants may use their sur-reply, due 11/28/2012, to respond to the documents attached to Plaintiff's reply brief. (Ordered by Judge Barbara M.G. Lynn on 11/21/2012) (ykp)
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| Filing 55 NOTICE of Attorney Appearance by Christopher J Norfleet on behalf of KFC Corporation. (Filer confirms contact info in ECF is current.) (Norfleet, Christopher) |
| Filing 54 Appendix in Support filed by KFC Corporation re #53 Reply in Support of KFCC's Motion for Preliminary Injunction (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1 (Part I), #3 Exhibit(s) A-1 (Part II), #4 Exhibit(s) A-2 - A-7, #5 Exhibit(s) B, #6 Exhibit(s) C, #7 Exhibit(s) D, #8 Exhibit(s) E, #9 Exhibit(s) F) (Beckwith, Van) |
| Filing 53 REPLY filed by KFC Corporation re: #12 (Beckwith, Van) |
| Filing 52 MOTION for Leave to File Appendix to KFCC's Preliminary Injunction Reply Brief filed by KFC Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beckwith, Van) |
| Filing 51 ANSWER to Counterclaim filed by KFC Corporation. Related document: #36 Answer to Complaint Counterclaim. (Beckwith, Van) |
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Filing 50
ORDER granting #49 Motion to Withdraw as Attorney. Charles J. Cronan, IV and Margaret R. Grant of Stites & Harbison, PLLC are withdrawn as counsel of record for KFC Corporation. Van H. Beckwith of Baker Botts L.L.P. will remain as counsel of record for KFC Corporation. (Ordered by Judge Barbara M.G. Lynn on 11/6/2012) (tln)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:50. Tue Nov 6 09:24:41 CST 2012 (crt) |
| Filing 49 MOTION to Withdraw as Attorney (Stites & Harbison) filed by KFC Corporation (Attachments: #1 Proposed Order) (Beckwith, Van) |
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Filing 48
ORDER SETTING HEARING, GRANTING UNOPPOSED EXTENSION, AND ESTABLISHING BRIEFING SCHEDULE: Motion Hearing set for 12/4/2012 at 09:00 AM before Judge Barbara M.G. Lynn. Replies due by 11/15/2012. Surreplies due by 11/28/2012. re: #12 MOTION for Preliminary Injunction by Plaintiff KFC Corporation. (Ordered by Judge Barbara M.G. Lynn on 11/2/2012) (cea)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Fri Nov 2 14:42:06 CDT 2012 (crt) |
| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Response to Motion for Preliminary Injunction re: #40 Response/Objection filed by KFC Corporation (Attachments: #1 Proposed Order) (Beckwith, Van) |
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Filing 46
ELECTRONIC ORDER granting #44 Motion to Withdraw as Attorney. Attorney William J Hunter, Jr and Christopher E Schaefer terminated. Before the Court is Defendants' Motion to Withdraw and Substitute Counsel [Docket Entry #44]. The Motion is GRANTED. William J. Hunter, Jr., Christopher E. Schaefer, and the law firm of Stoll Keenon Ogdon, PLLC are withdrawn from representing Defendants in this case. Defendants will be represented by Sheree L. McCall, Robert M. Candee, and The Vernon Law Group, who have already made appearances in this case. (Ordered by Judge Barbara M.G. Lynn on 10/30/2012) (Judge Barbara M.G. Lynn)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Tue Oct 30 17:00:23 CDT 2012 (crt) |
| Filing 45 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (McCall, Sheree) |
| Filing 44 MOTION to Withdraw as Attorney filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. (Attachments: #1 Proposed Order) (McCall, Sheree) |
| Filing 43 NOTICE of Attorney Appearance by Sheree L McCall on behalf of Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (Filer confirms contact info in ECF is current.) (McCall, Sheree) |
| Filing 42 Appendix in Support filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. re #40 RESPONSE (Attachments: #1 Affidavit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s)) (McCall, Sheree) |
| Filing 41 Brief/Memorandum in Support filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. re #40 Response/Objection (Attachments: #1 Proposed Order) (McCall, Sheree) |
| Filing 40 RESPONSE filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. re: #12 MOTION for Preliminary Injunction (McCall, Sheree) |
| Filing 39 NOTICE of Attorney Appearance by Van H Beckwith on behalf of KFC Corporation. (Filer confirms contact info in ECF is current.) (Beckwith, Van) |
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Filing 38
ORDER: Within seven (7) days of the date of this order, Plaintiff KFC Corporation, and Defendants Texas Petroplex, Inc., Mohammad Tatari, Naim Tatari, Hala Tatari, and Lama Tatari, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Judge Barbara M.G. Lynn on 10/19/2012) (ndt)
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Filing 37
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer as soon as practicable, but in any event no later than 11/16/2012. The Joint Report shall be filed on or before 11/30/2012. (Ordered by Judge Barbara M.G. Lynn on 10/19/2012) (Attachments: #1 Additional Page(s) Consent Letter, #2 Additional Page(s) Consent Form) (ndt) Modified on 10/22/2012 (ykp).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Fri Oct 19 16:21:47 CDT 2012 (crt) |
| Filing 36 ANSWER to Complaint with Jury Demand filed by Naim Tatari, Lama Tatari, Mohammad Tatari, Texas Petroplex, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership., COUNTERCLAIM against KFC Corporation filed by Naim Tatari, Lama Tatari, Mohammad Tatari, Texas Petroplex, Inc. (McCall, Sheree) |
| Filing 35 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (cea) |
| Filing 34 New Case Notes: A filing fee has been paid. File to Judge Lynn. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (cea) |
| Filing 33 Case electronically transferred in from District of Kentucky Western; Case Number 3:11-cv-00479. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Wed Oct 10 11:26:48 CDT 2012 (crt) |
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Filing 32
ORDER by Judge Charles R. Simpson, III on 10/04/12; Motion of Defendants Texas Petroplex, Mohammad (a/k/a Mike) Tatari, Naim Tatari, and Lama Tatari to dismiss for lack of personal jurisdiction and improper venue #13 is GRANTED to the extent of finding that because the court cannot exercise jurisdiction over Mohammad Tatari, Naim Tatari, and Lama Tatari, the action should be transferred to the United States District Court for the Northern District of Texas; Motion of Defendants Texas Petroplex, Mohammad Tatari, Naim Tatari, and Lama Tatari to stay Plaintiffs motion for a preliminary injunction #16 is DENIED AS MOOT; Proceedings in this action are hereby TRANSFERRED to the United States District Court for the Northern District of Texas. cc:counsel (DAK) [Transferred from Kentucky Western on 10/10/2012.]
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| Filing 31 MEMORANDUM AND OPINION by Judge Charles R. Simpson, III on 10-04-12; Defendants motion to dismiss will be granted to the extent of findingthat the court cannot exercise personal jurisdiction over Mohammad Tatari, Naim Tatari, and Lama Tatari, and thus transferring the action to the United States District Court for the Northern District of Texas. The defendants motion to stay KFCCs motion for a preliminary injunction will be denied as moot. A separate order will issue in accordance with this opinion.cc:counsel (DAK) [Transferred from Kentucky Western on 10/10/2012.] |
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Filing 30
ORDER (EBOC) by Judge Charles R. Simpson, III on 1/30/2012; USMJ Moyer having recused, matter assigned to USMJ Dave Whalin.cc:counsel (TLB) [Transferred from Kentucky Western on 10/10/2012.]
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Filing 29
ORDER OF RECUSAL by Magistrate James D. Moyer on 1/26/2012; recuses and disqualifies himself from any further participation in the above-styled action as there is a conflict under 28 U.S.C. 455.cc:counsel (TLB) [Transferred from Kentucky Western on 10/10/2012.]
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| Case no longer referred to Magistrate Judge James D. Moyer. (TLB) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 28 NOTICE of Appearance by Charles J. Cronan, IV on behalf of KFC Corporation (Cronan, Charles) [Transferred from Kentucky Western on 10/10/2012.] |
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Filing 27
Order contained incorrect case number and was filed in incorrect case. Order corrected and docketed in correct case -- 3:11CV476-S. Modified on 11/29/2011 (RLK). [Transferred from Kentucky Western on 10/10/2012.]
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| NOTICE OF DOCKET CORRECTION re #27 Order. ERROR: Order contained incorrect case number and was, therefore, docketed in incorrect case. CORRECTION: Order corrected and docketed in correct case - 3:11CV-476-S. (RLK) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 26 REPLY re #22 Response to Motion,, #16 MOTION to Stay re #12 MOTION for Preliminary Injunction, #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue MOTION for Preliminary Injunction MOTION to Stay re #12 MOTION for Preliminary Injunction, #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (Hunter, William) [Transferred from Kentucky Western on 10/10/2012.] |
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Filing 25
AGREED ORDER signed by Judge Charles R. Simpson, III on 11/23/2011. Defendants reply to their #13 MOTION to Dismiss is extended to 11/23/2011. cc: Counsel (RLK) [Transferred from Kentucky Western on 10/10/2012.]
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| Filing 24 REPLY re #19 Response to Motion,,, #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue in Support of Defendants' Motion to Dismiss filed by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (Hunter, William) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 23 Proposed Agreed Order/Stipulation for Extension of Deadline for Reply Brief in Support of Defendants' Motion to Dismiss by Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (Hunter, William) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 22 RESPONSE to Motion re #16 MOTION to Stay re #12 MOTION for Preliminary Injunction, #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue MOTION for Preliminary Injunction MOTION to Stay re #12 MOTION for Preliminary Injunction, #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue filed by KFC Corporation. Replies due by 11/28/2011. (Attachments: #1 Proposed Order) (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 21 WAIVER OF SERVICE Returned Executed by KFC Corporation. Lama Tatari waiver sent on 10/6/2011, answer due 12/5/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 20 WAIVER OF SERVICE Returned Executed by KFC Corporation. Naim Tatari waiver sent on 10/6/2011, answer due 12/5/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 19 RESPONSE to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue filed by KFC Corporation. Replies due by 11/17/2011. (Attachments: #1 Affidavit Ex 1-Rook Affidavit, #2 Exhibit 1-A-Approval Documents, #3 Exhibit 1-B-Option Documents, #4 Exhibit 1-C-Inspection List, #5 Exhibit 1-D-Default Letters and Correspondence, #6 Exhibit 1-E-Miscellaneous Correspondence, #7 Exhibit 1-F-Insurance Communications, #8 Exhibit 1-G-Training Communications, #9 Exhibit 1-H-Audit Communications, #10 Exhibit 1-I-Marketing Communications, #11 Affidavit Ex 2-Grant Affidavit, #12 Exhibit 2-A-Sec State listing for NCAC, #13 Affidavit 2-B-Process Server Affidavit, #14 Exhibit 2-C-Allibhoy opinion, #15 Exhibit 2-D-Nickleson opinion, #16 Proposed Order) (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 18 AGREED STIPULATION FOR EXTENSION OF DEADLINE FOR RESPONSE TO DEFENDANTS' MOTION TO DISMISS signed by Judge Charles R. Simpson, III on 10/17/11; re #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue filed by Mohammad Tatari, Lama Tatari, Naim Tatari, Texas Petroplex, Inc. Ddl for Response to the Dfts' Motion to dismiss is hereby extended to 10/28/11.cc:counsel (SJS) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 17 ERROR: MEMORANDUM re #16 Motion to Stay, Motion for Preliminary Injunction filed as separate document (Hunter, William) Modified on 10/19/2011; attached to motion by clerk (TLB). [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 16 MOTION to Stay re #12 MOTION for Preliminary Injunction, #13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue, MOTION for Preliminary Injunction by Defendants Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. Responses due by 11/10/2011 (Attachments: #1 Proposed Order) (Hunter, William) (Additional attachment(s) added on 10/19/2011: #2 Memorandum in Support) (TLB). [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 15 Proposed Agreed Order/Stipulation to extend time to respond to defendants motion to dismiss by KFC Corporation, Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 14 Corporate Disclosure Statement by Texas Petroplex, Inc.. (Hunter, William) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Service of Process, and Improper Venue by Defendants Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc. Responses due by 10/17/2011 (Attachments: #1 Memorandum in Support, #2 Exhibit A to Memorandum in Support - Affidavit of Mohammad Tatari, #3 Exhibit B to Memorandum in Support - Affidavit of Naim Tatari, #4 Exhibit C to Memorandum in Support - Affidavit of Lama Tatari, #5 Proposed Order) (Hunter, William) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 12 MOTION for Preliminary Injunction by Plaintiff KFC Corporation Responses due by 10/17/2011 (Attachments: #1 Memorandum in Support, #2 Exhibit 1-Tim Rook Affidavit, #3 Proposed Order) (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 11 SUMMONS Returned Executed by KFC Corporation. Hala Tatari served on 9/1/2011, answer due 9/22/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 10 SUMMONS Returned Executed by KFC Corporation. Texas Petroplex, Inc. served on 9/1/2011, answer due 9/22/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 9 SUMMONS Returned Executed by KFC Corporation. Lama Tatari served on 9/1/2011, answer due 9/22/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 8 SUMMONS Returned Executed by KFC Corporation. Naim Tatari served on 9/1/2011, answer due 9/22/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 7 SUMMONS Returned Executed by KFC Corporation. Mohammad Tatari served on 9/1/2011, answer due 9/22/2011. (Grant, Margaret) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 6 NOTICE OF DOCKET CORRECTION Re:PDF Error: Incorrect document attached to docket entry re: #5 NOTICE of Filing or Determination re:Patent or Trademark ; Correct document attached to this entry. (TLB) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 5 NOTICE of Filing or Determination re:Patent or Trademark re #1 Complaint. (Attachments: #1 Exhibit A - KFC Trademarks) (TLB) (Main Document 5 replaced on 8/30/2011) (TLB). [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 4 Summons Issued as to Hala Tatari, Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (TLB) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Charles R. Simpson III. Magistrate designation: Dave Whalin (TLB) Modified on 1/30/2012 changed from Moyer to Whalin per DN 30 (TLB). [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 3 Corporate Disclosure Statement by KFC Corporation. (TLB) [Transferred from Kentucky Western on 10/10/2012.] |
| Filing 1 COMPLAINT against Hala Tatari, Lama Tatari, Mohammad Tatari, Naim Tatari, Texas Petroplex, Inc., filed by KFC Corporation. Filing fee $ 350, receipt number 0644-1284615. (Attachments: #1 Exhibit A - KFC trademarks, #2 Exhibit B - Franchise Agreement, #3 Exhibit C - Advertising Agreement, #4 Exhibit D - Control Person Addend, #5 Exhibit E - Guaranty Agreements, #6 Exhibit F - #2 (8-18-11) Termination Ltr., #7 Exhibit G - Almo v. Saleh complaint, #8 Exhibit H - #3 (8-18-11) Termination Ltr., #9 Exhibit I - #3 (8-24-11) Termination Ltr., #10 Cover Sheet) (TLB) [Transferred from Kentucky Western on 10/10/2012.] |
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