Spaghetti Wareshouse Restaurants Inc v. Spaghetti Warehouse Dayton LLC et al
| Spaghetti Wareshouse Restaurants, Inc. and Spaghetti Wareshouse Restaurants Inc |
| Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Akron LLC and Spaghetti Warehouse Toledo LLC |
| 3:2021cv00707 |
| March 25, 2021 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Property Rights: Trademark |
| 15 U.S.C. § 1121 |
| Plaintiff |
Docket Report
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Filing 16
SCHEDULING ORDER FOR BRIEFING AND DISCOVERY REGARDING HEARING ON PRELIMINARY INJUNCTION: Deadline for mediation is on or before 5/10/2021. Discovery due by 5/31/2021. (Ordered by Judge David C Godbey on 4/20/2021) (oyh)
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| Filing 15 Proposal for contents of scheduling and discovery order by Spaghetti Wareshouse Restaurants Inc. (Siegel, William) |
| Filing 14 Proposal for contents of scheduling and discovery order and Hearing on Preliminary Injunction by Spaghetti Wareshouse Restaurants Inc. (Erick, Casey) |
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Filing 13
ORDER denying #2 Motion for TRO. Because Plaintiff has not established that there is a substantial threat of irreparable harm before the Court has a chance to rule on the preliminary injunction, the Court denies the motion. Furthermore, the Court orders the parties to confer regarding an expedited discovery and briefing schedule for presenting the application for preliminary injunction on the papers. Plaintiff and Defendants shall have seven (7) days from the date of this Order to submit a proposed briefing schedule to the Court. (Ordered by Judge David C Godbey on 4/9/2021) (ndt)
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| Filing 12 REPLY filed by Spaghetti Wareshouse Restaurants Inc re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit(s) Exhibit A - Updated Closing List, #2 Exhibit(s) Sale of DAT (Dayton, Akron and Toledo locations to Mike Kim) (Siegel, William) |
| Filing 11 RESPONSE filed by Spaghetti Warehouse Akron LLC, Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Toledo LLC re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction. (Rexing, Trent) Modified linkage and text on 4/7/2021 (mjr). |
| Filing 10 REPLY filed by Spaghetti Wareshouse Restaurants Inc re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C) (Siegel, William) |
| Filing 9 Appendix in Support filed by Spaghetti Warehouse Akron LLC, Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Toledo LLC re: #8 Response/Objection. (Rexing, Trent) Modified on 4/2/2021 (mjr). |
| Filing 8 RESPONSE filed by Spaghetti Warehouse Akron LLC, Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Toledo LLC re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction. (Rexing, Trent) |
| Filing 7 Appendix in Support filed by Spaghetti Warehouse Akron LLC, Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Toledo LLC re: #6 MOTION to Dismiss Under Rule 12(b)(2), 12(b)(3), and Forum Non Conveniens. (Rexing, Trent) Modified text on 4/2/2021 (mjr). |
| Filing 6 MOTION to Dismiss Under Rule 12(b)(2), 12(b)(3), and Forum Non Conveniens filed by Spaghetti Warehouse Akron LLC, Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Toledo LLC with Brief/Memorandum in Support. (Rexing, Trent) Modified text on 4/2/2021 (mjr). |
| Filing 5 Summons Issued as to Spaghetti Warehouse Akron LLC, Spaghetti Warehouse Dayton LLC, Spaghetti Warehouse Toledo LLC. (jmg) |
| Filing 4 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (jmg) |
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Spaghetti Wareshouse Restaurants, Inc. (Attachments: #1 Declaration(s), #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Proposed Order) (Erick, Casey) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Spaghetti Wareshouse Restaurants, Inc.. (Filing fee $402; Receipt number 0539-11733782) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Declaration(s), #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I) (Erick, Casey) |
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