Bisous Bisous LLC v. The Cle Group, LLC
| Bisous Bisous LLC |
| The Cle Group LLC, Bisou Uptown Manager LLC and John Does 1-10 |
| 3:2021cv01614 |
| July 13, 2021 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.
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Filing 63
Appendix in Support filed by Bisou Uptown Manager LLC, The Cle Group LLC re #62 Response/Objection to Plaintiff's Motion for Order to Show Cause (Attachments: #1 Declaration(s) Declaration of Justin Zachariah Truesdell, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C) (Kula, Kenneth)
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Filing 62
RESPONSE filed by Bisou Uptown Manager LLC, The Cle Group LLC re: #54 MOTION for Order to Shaw Cause Why Defendants Should Not be Held in Contempt and for Sanctions (Attachments: #1 Proposed Order) (Kula, Kenneth)
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Filing 61
ELECTRONIC ORDER granting #60 Motion to Extend Time to File Response to Plaintiff's Motion for Order to Show Cause Why Defendant Should Not be Held in Contempt and for Sanctions. Response due by 9/9/2021. (Ordered by Judge Jane J. Boyle on 9/8/2021) (chmb)
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Filing 60
MOTION for Extension of Time to File Response/Reply to #54 MOTION for Order to Shaw Cause Why Defendants Should Not be Held in Contempt and for Sanctions filed by Bisou Uptown Manager LLC, The Cle Group LLC (Attachments: #1 Proposed Order) (Kula, Kenneth)
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Filing 59
Notice of Filing of Official Electronic Transcript of Preliminary Injunction Proceedings held on 08-11-2021 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie_archuleta@txnd.uscourts.gov. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (54 pages) Redaction Request due 9/23/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/1/2021. (spa)
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Filing 58
ELECTRONIC ORDER: The Court sets a hearing on #54 Plaintiff's Motion for Order to Show Cause Why Defendant Should Not be Held in Contempt and for Sanctions. The hearing is scheduled for Monday, September 13, 2021 at 10:00 AM in Judge Boyle's Courtroom, 1100 Commerce St., Dallas, Texas 75242-1310 before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 9/1/2021) (chmb)
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Hearing/Deadline Modification per 58 Electronic Order: Motion Hearing set for 9/13/2021 10:00 AM before Judge Jane J. Boyle. (ygl)
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Filing 57
ELECTRONIC ORDER: Defendant shall file a response to #54 Plaintiff's Motion for Order to Show Cause Why Defendant Should Not be Held in Contempt and for Sanctions on or before Wednesday, September 8, 2021. No reply will be permitted. (Ordered by Judge Jane J. Boyle on 8/30/2021) (chmb)
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Filing 56
NOTICE of Conflict re: #54 MOTION for Order to Shaw Cause Why Defendants Should Not be Held in Contempt and for Sanctions filed by Bisou Uptown Manager LLC, The Cle Group LLC (Attachments: #1 Exhibit(s) A to Notice of Conflict) (Kula, Kenneth)
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Filing 55
Appendix in Support filed by Bisous Bisous LLC re #54 MOTION for Order to Shaw Cause Why Defendants Should Not be Held in Contempt and for Sanctions (Attachments: #1 Declaration(s) of David Conrad, #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 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Declaration(s) of Dane Peterson, #17 Exhibit(s) 1 to 6, #18 Declaration(s) of Matt Meyer) (Conrad, David)
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Filing 54
MOTION for Order to Shaw Cause Why Defendants Should Not be Held in Contempt and for Sanctions filed by Bisous Bisous LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Conrad, David)
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Filing 53
Appendix in Support filed by Bisou Uptown Manager LLC, The Cle Group LLC re #52 MOTION Defendants' Opposed Motion for Bond (Attachments: #1 Declaration(s) Declaration of Justin Zachariah Truesdell, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E) (Kula, Kenneth)
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Filing 52
MOTION Defendants' Opposed Motion for Bond filed by Bisou Uptown Manager LLC, The Cle Group LLC (Attachments: #1 Proposed Order) (Kula, Kenneth)
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Filing 51
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bisou Uptown Manager LLC. (Kula, Kenneth)
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Filing 50
ELECTRONIC ORDER granting #49 Joint Motion to Extend Time. The parties may conduct their Rule 26(f) conference on or before September 7, 2021, and submit their joint status report on or before September 14, 2021. (Ordered by Judge Jane J. Boyle on 8/26/2021) (chmb)
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Filing 49
Joint MOTION to Extend Time to Meet and Confer Per Rule 26(f) and to Submit a Jt. Status Report filed by Bisous Bisous LLC (Attachments: #1 Proposed Order) (Conrad, David)
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Filing 48
STATUS REPORT ORDER: Status Report due by 9/10/2021. (Ordered by Judge Jane J. Boyle on 8/20/2021) (svc)
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Filing 47
ANSWER to #26 Amended Complaint, filed by Bisou Uptown Manager LLC. 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. Attorney Kenneth P Kula added to party Bisou Uptown Manager LLC(pty:dft) (Kula, Kenneth) Modified on 8/20/2021 (ygl).
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Filing 46
ANSWER to #26 Amended Complaint, filed by The Cle Group LLC. 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. (Kula, Kenneth)
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Filing 45
MEMORANDUM OPINION AND ORDER: Bisous Bisous's Application for a Temporary Restraining Order and Motion for a Preliminary Injunction (Doc. #12 ) is GRANTED in part. The Court issues the following preliminary injunction: Cle, Bisou Uptown, and anyone acting in concert with them, are PRELIMINARILY ENJOINED from using the term Bisou in association with restaurant services and food and/or beverage products, including advertising for the same, in Dallas, Texas. At the hearing, Cle asked the Court to order Bisous Bisous to post a bond in light of this ruling. Cle's request is DENIED WITHOUT PREJUDICE to seeking this relief by formal motion. (Ordered by Judge Jane J. Boyle on 8/16/2021) (ctf)
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Filing 44
ELECTRONIC Minute Entry for proceedings held before Judge Jane J. Boyle: Motion Hearing held on 8/11/2021 re #12 MOTION for Preliminary Injunction. Motion granted. Order to follow. Attorney Appearances: Plaintiff - David B Conrad; Defense - Kenneth P Kula and Christopher M Joe. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 1:07. (chmb)
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Filing 43
Supplemental Appendix in Support filed by Bisous Bisous LLC re #12 MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction (ndt)
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Filing 42
ELECTRONIC ORDER granting #35 Motion for Leave to File. The Cle Group LLC's objections to Plaintiff's supplemental appendix are OVERRULED. The Court will consider Plaintiff's new evidence. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Jane J. Boyle on 8/10/2021) (chmb)
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Filing 41
OBJECTION filed by The Cle Group LLC re: #35 MOTION for Leave to File Supplemental Appendix to Application for a Temporary Restraining Order and Motion for a Preliminary Injunction (Kula, Kenneth)
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Filing 40
Appendix in Support filed by The Cle Group LLC re #39 Response/Objection, (Attachments: #1 Declaration(s) Declaration of Kenneth P. Kula, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C) (Kula, Kenneth)
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Filing 39
RESPONSE filed by The Cle Group LLC re: #35 MOTION for Leave to File Supplemental Appendix to Application for a Temporary Restraining Order and Motion for a Preliminary Injunction (Attachments: #1 Proposed Order) (Kula, Kenneth)
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Filing 38
Notice of Manual Filing of Exhibits by Bisous Bisous LLC re: #35 MOTION for Leave to File Supplemental Appendix to Application for a Temporary Restraining Order and Motion for a Preliminary Injunction. (filed under separate cover see records department) (mjr)
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Filing 37
ELECTRONIC ORDER: Due to a scheduling conflict among the parties, the Court hereby RESETS the motion hearing currently scheduled for August 12, 2021, at 10:00 a.m. The Court will now hold this hearing Wednesday, August 11, 2021, at 3:30 p.m. (Ordered by Judge Jane J. Boyle on 8/9/2021) (chmb)
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Filing 36
ELECTRONIC ORDER: Due to a Court scheduling conflict, the Court hereby RESETS the motion hearing currently scheduled for August 10, 2021, at 10:00 a.m. The Court will hold this hearing Thursday, August 12, 2021, at 10:00 a.m. in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 8/9/2021) (chmb)
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Filing 35
MOTION for Leave to File Supplemental Appendix to Application for a Temporary Restraining Order and Motion for a Preliminary Injunction filed by Bisous Bisous LLC with Brief/Memorandum in Support. (Attachments: #1 Supplemental Appendix, #2 Declaration of Matthew Meyer, #3 Exhibit(s) U, #4 Exhibit(s) V, #5 Exhibit(s) W, #6 Proposed Order) (Conrad, David)
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Filing 34
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Cle Group LLC. (Kula, Kenneth)
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Filing 33
ELECTRONIC ORDER: The Court hereby sets a hearing on #12 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction for August 10, 2021 at 10:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J. Boyle. Lead counsel for all parties, including newly named Defendant Bisou Uptown Manager LLC, must be present. (Ordered by Judge Jane J. Boyle on 8/2/2021) (chmb)
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Filing 32
Appendix in Support filed by Bisous Bisous LLC re #31 Reply (Attachments: #1 Declaration(s) of David Conrad ISO TRO Reply, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D) (Conrad, David)
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Filing 31
REPLY filed by Bisous Bisous LLC re: #12 MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction (Conrad, David)
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Filing 30
SUMMONS Returned Executed as to Bisou Uptown Manager, LLC; served on 7/29/2021. (Conrad, David)
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Filing 29
Notice of Manual Filing of Exhibits on USB Drive by The Cle Group LLC. (Filed under separate cover, see records department) (mla)
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Filing 28
Summons Issued as to Bisou Uptown Manager, LLC. (ykp)
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Filing 27
Request for Clerk to issue Summons in a Civil Action filed by Bisous Bisous LLC. (Conrad, David)
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Filing 26
AMENDED COMPLAINT WITH JURY DEMAND against The Cle Group LLC, Bisou Uptown Manager, LLC, John Does 1-10 filed by Bisous Bisous LLC. Plaintiff will submit summons(es) for issuance. 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. (Conrad, David)
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Filing 25
ELECTRONIC ORDER: Plaintiff is hereby ordered to file a reply in support of its motion for a temporary restraining order on or before July 30, 2021, at 12:00 p.m. Central Daylight Time. This reply shall be limited to addressing only Defendant's argument that Plaintiff has sued the wrong party. See Doc. 21, Def.'s Resp., 7. (Ordered by Judge Jane J. Boyle on 7/29/2021) (chmb)
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Filing 24
OBJECTION filed by The Cle Group LLC re: #12 MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction (Kula, Kenneth)
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Filing 23
Notice of Manual Filing of Exhibits by The Cle Group LLC re #22 Appendix in Support. (Attachments: #1 Cover Sheet Flash Drive to Exhibits filed Manually) (Kula, Kenneth)
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Filing 22
Appendix in Support filed by The Cle Group LLC re #21 Response/Objection to Plaintiff's Application for a Temporary Restraining Order and Motion for Preliminary Injunction (Attachments: #1 Declaration(s) Declaration of Kenneth P. Kula, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27) (Kula, Kenneth)
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Filing 21
RESPONSE filed by The Cle Group LLC re: #12 MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction (Attachments: #1 Proposed Order) (Kula, Kenneth)
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Filing 20
ELECTRONIC ORDER granting #19 Motion to Extend Time to File Response. Defendant may respond to Plaintiff's motion for temporary restraining order by 5:00 PM today, July 28, 2021. (Ordered by Judge Jane J. Boyle on 7/28/2021) (chmb)
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Filing 19
MOTION for Extension of Time to File Response/Reply to 15 Order, filed by The Cle Group LLC (Attachments: #1 Proposed Order) (Kula, Kenneth)
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Filing 18
NOTICE of Attorney Appearance by Kenneth P Kula on behalf of The Cle Group LLC. (Filer confirms contact info in ECF is current.) (Kula, Kenneth)
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Filing 17
NOTICE of Attorney Appearance by Christopher M Joe on behalf of The Cle Group LLC. (Filer confirms contact info in ECF is current.) (Joe, Christopher)
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Filing 16
NOTICE of Attorney Appearance by Eric W Buether on behalf of The Cle Group LLC. (Filer confirms contact info in ECF is current.) (Buether, Eric)
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Filing 15
ELECTRONIC ORDER: Defendant shall enter an appearance in this matter and file a response to #12 Plaintiff's Motion for a Temporary Restraining Order on or before Tuesday, July 27, 2021 at 5:00 p.m. No reply will be permitted. (Ordered by Judge Jane J. Boyle on 7/23/2021) (chmb)
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Filing 14
AFFIDAVIT of Service as to The Cle Group LLC; served on 7/20/2021 re: #12 Application for Temporary Restraining Order and Motion for Preliminary Injunction, and #13 Appendix in Support. (Conrad, David) Modified text on 7/21/2021 (jmg).
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Filing 13
Appendix in Support filed by Bisous Bisous LLC re #12 MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction (Attachments: #1 Declaration of Andrea Meyer, #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 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Exhibit(s) R, #20 Exhibit(s) S, #21 Exhibit(s) T) (Conrad, David)
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Filing 12
MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction filed by Bisous Bisous LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Conrad, David)
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Filing 11
SUMMONS Returned Executed as to The Cle Group LLC ; served on 7/19/2021. (Conrad, David)
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Filing 10
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Kristen McCallion. 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 Jane J. Boyle on 7/14/2021) (chmb)
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Filing 9
ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Vivian Cheng. 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 Jane J. Boyle on 7/14/2021) (chmb)
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Filing 8
Summons Issued as to The Cle Group LLC. (ykp)
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12045400) filed by Bisous Bisous LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Kristen A McCallion added to party Bisous Bisous LLC(pty:pla) (McCallion, Kristen)
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Filing 6
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp)
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Filing 5
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12045332) filed by Bisous Bisous LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Vivian Cheng added to party Bisous Bisous LLC(pty:pla) (Cheng, Vivian)
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Filing 4
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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ykp)
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Filing 3
Request for Clerk to issue Summons filed by Bisous Bisous LLC. (Conrad, David)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bisous Bisous LLC. (Conrad, David)
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Filing 1
COMPLAINT WITH JURY DEMAND against The Cle Group, LLC filed by Bisous Bisous LLC. (Filing fee $402; Receipt number 0539-12043965) Plaintiff will submit summons(es) for issuance. 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 Cover Sheet) (Conrad, David)
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