Le-Vel Brands LLC v. R&D Global LLC et al
| Le-Vel Brands LLC |
| Lurra Life LLC and R&D Global LLC doing business as LurraLife |
| R&D Global LLC |
| ADR Provider |
| 3:2021cv00603 |
| March 17, 2021 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Ed Kinkeade |
| Property Rights: Trademark |
| 15 U.S.C. § 44 |
| Both |
Docket Report
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This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.
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| Filing 72 Joint Rule 42(A)(2) MOTION for Consolidation, Continuance of Trail Date, Modification of Scheduling Order filed by Le-Vel Brands LLC. (Schutte, Kevin) Modified text on 4/28/2021 (jmg). |
| Filing 71 Alternative Dispute Resolution Summary filed by Jeff Kaplan. Attorneys in Attendance: Kevin T. Schutte, William P. Dunne, Mark S. Sommers, Jose A. Abarca and Elliott J. Williams. Prv Fee: $ 12,780.00. Outcome of ADR: Parties were unable to reach a settlement. (Kaplan, Jeff) |
Filing 70
ELECTRONIC ORDER granting #67 Application for Admission Pro Hac Vice of Patrick J. Rodgers. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 4/8/2021) (chmb)
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Filing 69
ELECTRONIC ORDER granting #66 Application for Admission Pro Hac Vice of Morgan E. Smith. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 4/8/2021) (chmb)
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Filing 68
ELECTRONIC ORDER granting #65 Application for Admission Pro Hac Vice of Mark Sommers. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 4/8/2021) (chmb)
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| Filing 67 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11773408) filed by Le-Vel Brands LLC (Attachments: #1 Proposed Order) (Rodgers, Patrick) |
| Filing 66 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11773350) filed by Le-Vel Brands LLC (Attachments: #1 Proposed Order) (Smith, Morgan) |
| Filing 65 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11773101) filed by Le-Vel Brands LLC (Attachments: #1 Proposed Order) (Sommers, Mark) |
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Filing 64
ELECTRONIC ORDER granting #62 Application for Admission Pro Hac Vice of Joshua Gigger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 3/31/2021) (chmb)
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Filing 63
ELECTRONIC ORDER granting #61 Application for Admission Pro Hac Vice of Elliott Williams. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 3/31/2021) (chmb)
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| Filing 62 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11751744) filed by Lurra Life LLC, R&D Global LLC (Gigger, Joshua) |
| Filing 61 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11751676) filed by Lurra Life LLC, R&D Global LLC (Williams, Elliott) |
| Filing 60 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (axm) |
| Filing 59 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (axm) |
| Filing 58 Case electronically transferred in from District of Texas Eastern; Case Number 4:20-cv-00420. 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. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 57
MEMORANDUM OPINION AND ORDER re #25 MOTION to Dismiss filed by Lurra Life, LLC, R&D Global, LLC. ORDERED that Defendants' Motion to Dismiss or Transfer, (Dkt. #25), is DENIED in part and GRANTED in part. Insofar as Defendants' motion requests that this case be dismissed, the motion is DENIED. Insofar as Defendants' motion requests that this case be transferred to the Northern District of Texas, the motion is GRANTED. It is further ORDERED that this case is hereby TRANSFERRED to the docket of Judge Ed Kinkeade in the Dallas Division of the Northern District of Texas, effective immediately. Signed by District Judge Sean D. Jordan on 3/15/2021. (kls, ) [Transferred from Texas Eastern on 3/17/2021.]
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Filing 56
ORDER granting #53 Joint MOTION to Extend Certain Deadlines re #51 Scheduling Order, filed by Le-Vel Brands, LLC. Discovery due by 6/21/2021. Expert Witness List due by 3/15/2021. Signed by District Judge Sean D. Jordan on 2/8/2021. (daj, ) [Transferred from Texas Eastern on 3/17/2021.]
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Filing 55
PROTECTIVE ORDER. Signed by District Judge Sean D. Jordan on 2/5/2021. (daj, ) [Transferred from Texas Eastern on 3/17/2021.]
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Filing 54
ORDER granting #52 Motion for Protective Order. Signed by District Judge Sean D. Jordan on 2/5/2021. (daj, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 53 Joint MOTION to Extend Certain Deadlines re #51 Scheduling Order, by Le-Vel Brands, LLC. (Attachments: #1 Text of Proposed Order)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 52 Agreed MOTION for Protective Order by Le-Vel Brands, LLC. (Attachments: #1 Text of Proposed Order)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 51
SCHEDULING ORDER: Final Pretrial Conference set for 11/30/2021 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Amended Pleadings due by 1/20/2021. Discovery due by 5/28/2021. Joinder of Parties due by 12/9/2020. Jury instructions due by 11/16/2021. Mediation Completion due by 5/12/2021. Designation of Mediator due by 3/31/2021. Motions due by 7/15/2021. Proposed Pretrial Order due by 11/1/2021. Signed by District Judge Sean D. Jordan on 11/5/2020. (mem, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 50 SUR-REPLY to Reply to Response to Motion re #28 MOTION to Strike #18 Answer to Complaint, Counterclaim filed by Lurra Life, LLC. (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 49 SUR-REPLY to Reply to Response to Motion re #29 MOTION to Dismiss First and Second Counterclaims filed by Lurra Life, LLC. (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 48 SUR-REPLY to Reply to Response to Motion re #25 MOTION to Dismiss filed by Le-Vel Brands, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 47
ORDER granting #42 Motion for Leave to File Excess Pages; granting #44 Motion for Leave to File Excess Pages. Signed by District Judge Sean D. Jordan on 10/28/2020. (rpc, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 46 Minute Entry for proceedings held before District Judge Sean D. Jordan: Scheduling Conference held on 10/28/2020. (Court Reporter Gayle Wear.) (bss, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 45 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Lurra Life, LLC, R&D Global, LLC. (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 44 Unopposed MOTION for Leave to File Excess Pages by Lurra Life, LLC, R&D Global, LLC. (Attachments: #1 Text of Proposed Order)(Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 43 RESPONSE in Support re #28 MOTION to Strike #18 Answer to Complaint, Counterclaim DEFENDANTS SECOND, THIRD, FIFTH, SEVENTH, EIGHT, NINTH, TENTH, ELEVENTH, THIRTEENTH, FOURTEENTH, AND FIFTEENTH AFFIRMATIVE DEFENSES filed by Le-Vel Brands, LLC. (Attachments: #1 Declaration of Morgan E. Smith in Support of Le-Vel Brands' Reply in Support of Motion to Strike, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 42 Unopposed MOTION for Leave to File Excess Pages by Le-Vel Brands, LLC. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff Le-Vel Brands, LLC;s Unopposed Motion to File Excess Pages)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 41 RESPONSE in Support re #29 MOTION to Dismiss First and Second Counterclaims filed by Le-Vel Brands, LLC. (Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 40 NOTICE of Attorney Appearance by James Claud Tidwell on behalf of Lurra Life, LLC, R&D Global, LLC (Tidwell, James) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 39
ORDER - GRANTING #36 Motion for Leave to File Excess Pages. Signed by District Judge Sean D. Jordan on 10/20/2020. (baf, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 38 RESPONSE in Opposition re #29 MOTION to Dismiss First and Second Counterclaims filed by Lurra Life, LLC, R&D Global, LLC. (Attachments: #1 Affidavit Declaration of Elliott Williams in support of Defendants Response to Plaintiffs Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 37 RESPONSE in Opposition re #28 MOTION to Strike #18 Answer to Complaint, Counterclaim filed by Lurra Life, LLC, R&D Global, LLC. (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 36 Unopposed MOTION for Leave to File Excess Pages by Lurra Life, LLC, R&D Global, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 35 RESPONSE in Opposition re #25 MOTION to Dismiss filed by Le-Vel Brands, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 34
ORDER - GRANTING #33 Motion for Extension of Time to File Response re #29 MOTION to Dismiss First and Second Counterclaims, #28 MOTION to Strike #18 Answer to Complaint, Counterclaim , #25 MOTION to Dismiss . Responses due by 10/16/2020. Signed by District Judge Sean D. Jordan on 10/13/2020. (baf, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 33 Joint MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss , #28 MOTION to Strike #18 Answer to Complaint, Counterclaim , #29 MOTION to Dismiss First and Second Counterclaims by Le-Vel Brands, LLC. (Attachments: #1 Text of Proposed Order)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 32 REPORT of Rule 26(f) Planning Meeting. (Schutte, Kevin) (Additional attachment(s) added on 10/5/2020: #1 Text of Proposed Order) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 31 Submission of Proposed Agreed Docket Control/Scheduling order by Le-Vel Brands, LLC . (Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 30
ORDER - GRANTING #27 Motion for Leave to File Excess Pages. Signed by District Judge Sean D. Jordan on 9/30/2020. (baf, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 29 MOTION to Dismiss First and Second Counterclaims by Le-Vel Brands, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Text of Proposed Order)(Schutte, Kevin) (Attachment 3 replaced on 9/29/2020) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 28 MOTION to Strike #18 Answer to Complaint, Counterclaim by Le-Vel Brands, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Schutte, Kevin) (Attachment 4 replaced on 9/29/2020) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 27 Unopposed MOTION for Leave to File Excess Pages by Le-Vel Brands, LLC. (Attachments: #1 Text of Proposed Order)(Schutte, Kevin) (Attachment 1 replaced on 9/29/2020) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 26 AFFIDAVIT in Support re #25 MOTION to Dismiss by Lurra Life, LLC, R&D Global, LLC. (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 25 MOTION to Dismiss by Lurra Life, LLC, R&D Global, LLC. (Williams, Elliott) (Additional attachment(s) added on 9/29/2020: #1 Text of Proposed Order) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 24 NOTICE of Attorney Appearance - Pro Hac Vice by Patrick J. Rodgers on behalf of Le-Vel Brands, LLC. Filing fee $ 100, receipt number 0540-8007691. (Rodgers, Patrick) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 23 NOTICE of Attorney Appearance - Pro Hac Vice by Morgan E Smith on behalf of Le-Vel Brands, LLC. Filing fee $ 100, receipt number 0540-8007684. (Smith, Morgan) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 22 NOTICE of Attorney Appearance - Pro Hac Vice by Mark Sommers on behalf of Le-Vel Brands, LLC. Filing fee $ 100, receipt number 0540-8007657. (Sommers, Mark) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 21
ORDER. It is therefore ORDERED that Plaintiff Le-Vel Brands, LLC's Motion to Strike Defendants' Second, Third, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, and Thirteenth Affirmative Defenses, (Dkt. #19 ), and Motion to Dismiss Defendants' First and Second Counterclaims, (Dkt. #20 ), are DENIED as moot. Signed by District Judge Sean D. Jordan on 9/16/2020. (baf, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 20 MOTION to Dismiss First and Second Counterclaims by Le-Vel Brands, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A)(Schutte, Kevin) (Additional attachment(s) added on 9/15/2020: #3 Text of Proposed Order) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 19 MOTION to Strike #9 Answer to Complaint, Counterclaim by Le-Vel Brands, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A)(Schutte, Kevin) (Additional attachment(s) added on 9/15/2020: #3 Text of Proposed Order) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 18 Amended ANSWER to #1 Complaint , Affirmative Defenses and, COUNTERCLAIM against Le-Vel Brands, LLC by R&D Global, LLC.(Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| 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. (baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 17
AMENDED ORDER GOVERNING PROCEEDINGS. The case is SET for a Rule 16 management on Wednesday, 10/28/2020 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Rule 26 Meeting Joint Report due by 10/2/2020. Signed by District Judge Sean D. Jordan on 8/27/2020. (baf, ) [Transferred from Texas Eastern on 3/17/2021.]
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Filing 16
ORDER - GRANTING #15 Motion for Extension of Time to Complete Discovery. Signed by District Judge Sean D. Jordan on 8/27/2020. (baf, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 15 MOTION for Extension of Time to Complete Discovery by Lurra Life, LLC, R&D Global, LLC. (Williams, Elliott) (Additional attachment(s) added on 8/26/2020: #1 Text of Proposed Order) (baf, ). [Transferred from Texas Eastern on 3/17/2021.] |
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Filing 14
ORDER GOVERNING PROCEEDINGS: Rule 26(f) attorney conference due by 8/28/2020. Rule 26(f) Report due by 9/11/2020. Scheduling Conference set for 9/30/2020 at 10:00 a.m. before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 8/7/2020. (ldm) [Transferred from Texas Eastern on 3/17/2021.]
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Filing 13
ORDER granting #12 Agreed Motion for Extension of Time. ORDERED that Plaintiff Le-Vel Brands, LLC's Agreed Motion to Extend Plaintiff's Deadline to Respond to Defendants' Counterclaims, (Dkt. #12), is hereby GRANTED. Le-Vel's deadline to respond to Defendants' counterclaims is now September 14, 2020. Signed by District Judge Sean D. Jordan on 7/31/2020. (kls, ) [Transferred from Texas Eastern on 3/17/2021.]
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| Filing 12 Agreed MOTION for Extension of Time to File Answer re #9 Answer to Complaint, Counterclaim by Le-Vel Brands, LLC. (Schutte, Kevin) (Additional attachment(s) added on 7/31/2020: #1 Text of Proposed Order) (rpc, ). [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed by R&D Global, LLC (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Lurra Life, LLC (Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 9 ANSWER to #1 Complaint Affirmative Defenses and, COUNTERCLAIM against Le-Vel Brands, LLC by Lurra Life, LLC, R&D Global, LLC.(Williams, Elliott) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Lurra Life, LLC.( kls, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 7 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re R&D Global, LLC.( kls, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer by Le-Vel Brands, LLC. (Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Lurra Life, LLC to 7/11/2020. 10 Days Granted for Deadline Extension.( baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for R&D Global, LLC to 7/11/2020. 10 Days Granted for Deadline Extension.( baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 5 SUMMONS Issued as to R&D Global, LLC. (baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 4 SUMMONS Issued as to Lurra Life, LLC. (baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Le-Vel Brands, LLC (Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7803464.), filed by Le-Vel Brands, LLC. (Attachments: #1 Civil Cover Sheet)(Schutte, Kevin) [Transferred from Texas Eastern on 3/17/2021.] |
| Case ASSIGNED to District Judge Sean D. Jordan. (baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
| 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. (baf, ) [Transferred from Texas Eastern on 3/17/2021.] |
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