Texas Tamale Company, Inc. v. CPUSA2, LLC
| Texas Tamale Company, Inc. |
| CPUSA2, LLC doing business as Texas Lone Star Tamales |
| Stripe Inc |
| Mark X Mullin |
| Case Admin Sup |
| CPUSA2, LLC |
| CPUSA2, LLC |
| 4:2025cv00536 |
| May 21, 2025 |
| U.S. District Court for the Northern District of Texas |
| Mark Pittman |
| Property Rights: Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on May 22, 2025. A more recent docket listing may be available from PACER.
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| Filing 107 Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to [email protected]. (jnp) |
Filing 106
ORDER: It is ORDERED that the above-captioned case is hereby REFERRED and TRANSFERRED to the docket of United States Bankruptcy Judge Mark X. Mullin in the United States Bankruptcy Court for the Northern District of Texas in connection with bankruptcy case In Re Celestial Products USA LLC, Bankruptcy Action 25-40153-mxm11. (Ordered by Judge Mark Pittman on 5/21/2025) (jnp)
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| Filing 105 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to [email protected]. (jnp) |
| Filing 104 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jnp) |
| Filing 103 Case electronically transferred in from District of Texas Southern; Case Number 4:21-cv-03341. 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 102
TRANSFER ORDER: ORDER TO TRANSFER CASE to Northern District of Texas- Forth Worth Division; ORDER DENYING #98 MOTION foR Turnover (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Interdistrict transfer to Northern District of Texas- Ft. Worth Division. Case transferred electronically. Case terminated on 5/20/2025, filed. (mem4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 101 SUPPLEMENT to #98 MOTION for Entry of Order re: Turnover by Texas Tamale Company, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 100 RESPONSE in Opposition to #98 MOTION for Entry of Order re: Turnover, filed by CPUSA2, LLC. (bmn4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 99 ANSWER to Writ of Garnishment by Stripe Inc, filed. (th4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 98 MOTION for Entry of Order re: Turnover by Texas Tamale Company, Inc., filed. Motion Docket Date 3/6/2025. (Attachments: #1 Exhibit 1 - Supporting Declaration, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Proposed Order Turnover Order) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 97 Abstract of Judgment Issued, filed. (hlc4) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 96
ORDER Denying without Prejudice #93 MOTION for Writ of Garnishment and #95 MOTION for Writ of Garnishment- It is therefore ORDERED that Plaintiff's Motions for Writs of Garnishment (ECF #93 ; ECF #95 ) are DENIED without prejudice to refiling if a basis for subject matter jurisdiction can be alleged in good faith. It is further ORDERED that the Clerk will enter an Abstract of Judgment (ECF #94 ) upon receipt of the $12.00 filing fee.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 95 MOTION for Writ of Garnishment by Texas Tamale Company, Inc., filed. Motion Docket Date 1/3/2025. (Attachments: #1 Declaration, #2 Writ of Garnishment) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 94 Abstract of Judgment by Texas Tamale Company, Inc., filed. (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 93 MOTION for Writ of Garnishment by Texas Tamale Company, Inc., filed. Motion Docket Date 1/3/2025. (Attachments: #1 Declaration, #2 Writ of Garnishment, #3 Writ of Execution) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 92 AGREED FINAL JUDGMENT (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 91
ORDER granting #89 Motion for Entry of Agreed Judgment. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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Filing 90
ORDER Vacating Trial Setting, Deadlines terminated (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 89 Joint MOTION for Agreed Final Judgment by Texas Tamale Company, Inc., filed. Motion Docket Date 12/2/2024. (Attachments: #1 Proposed Order Agreed Final Judgment) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 88
ORDER DENYING #83 Unopposed MOTION for Brian Casper, Darin M. Klemchuk, and Mandi Phillips to Withdraw as Attorney; GRANTING #85 Unopposed MOTION for Jason E. Tapp to Withdraw as Attorney. It is further ORDERED that the Pretrial Conference set for November 15, 2024 is CANCELED. Finally, it is ORDERED that this case remains set for a one-day bench trial on November 18, 2024 at 9:00 a.m. Deadlines terminated (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. STATUS CONFERENCE held on 10/30/2024. Motion to Withdraw by Klemchuk PLLC is denied. Motion to Withdraw by Jason Tapp is granted. Pretrial Conference is canceled. Bench trial scheduled for 11/18/2024. Written Order to be entered. Appearances: Jason Edward Tapp, Brian Casper, Steven Garrett Spears, John C Cain.(ERO:Yes), filed. (mem4) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 87
ORDER Vacating- It is therefore ORDERED that the Order Granting Motion Withdraw at ECF #84 is VACATED and counsel terminated by the Order at ECF #84 are reinstated on the docket. It is further ORDERED that the Court will hold a hearing and status conference on October 30, 2024 at 1:00 PM at which counsel are expected to report on the status of the litigation, the status of any impending bankruptcy filing, and to argue the Motions to Withdraw by Klemchuk PLLC (ECF #83 ) and Jason E. Tapp. ECF #85 . The hearing and status conference will take place by video on Zoom. Status Conference set for 10/30/2024 at 01:00 PM in by video before Magistrate Judge Christina A Bryan (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 86 RESPONSE to #83 Unopposed MOTION for Brian Casper, Darin M. Klemchuk, Mandi Phillips to Withdraw as Attorney, #85 Unopposed MOTION for Jason E. Tapp to Withdraw as Attorney , filed by Texas Tamale Company, Inc.. (Attachments: #1 Exhibit A) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 85 Unopposed MOTION for Jason E. Tapp to Withdraw as Attorney by CPUSA2, LLC, filed. Motion Docket Date 11/15/2024. (Attachments: #1 Proposed Order Order of Withdrawal for Jason E. Tapp) (Tapp, Jason) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 84
ORDER granting #83 Motion to Withdraw as Attorney. Attorney Mandi M Phillips; Brian Casper and Darin Michael Klemchuk terminated.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 83 Unopposed MOTION for Brian Casper, Darin M. Klemchuk, Mandi Phillips to Withdraw as Attorney by CPUSA2, LLC, filed. Motion Docket Date 11/14/2024. (Attachments: #1 Proposed Order Granting Klemchuk PLLC's Unopposed Motion to Withdraw) (Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 82
SCHEDULING ORDER. ETT: 1 Day. Bench. Mediation due by 9/20/2024. Joint Pretrial Order due by 11/11/2024. Pretrial Conference set for 11/15/2024 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan; Bench Trial set for 11/18/2024 at 09:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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| Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. STATUS CONFERENCE held on 7/17/2024. Parties appeared by phone. One day Bench Trial to occur on 11/18/2024. Amended Scheduling Order to be entered. Appearances: Darin Michael Klemchuk, Brian Casper, Steven Garrett Spears, Melissa Labaugh.(ERO:Yes), filed. (mem4) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 81
ORDER Resetting- Status Conference set for 7/17/2024 at 09:45 AM in by telephone before Magistrate Judge Christina A Bryan (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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Filing 80
MEMORANDUM OPINION and ORDER GRANTING in Part and DENYING in part 68 SEALED MOTION FOR PERMANENT INJUNCTION, DAMAGES, AND AN EXCEPTIONAL CASE FINDING, GRANTING in Part and DENYING in part #69 MOTION for Permanent Injunction MOTION for Entry of Order re: Exceptional Case Finding and Final Judgment MOTION for Damages, and GRANTING #76 Opposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment. ( Status Conference set for 7/9/2024 at 02:00 PM in by telephone before Magistrate Judge Christina A Bryan)(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) [Transferred from Texas Southern on 5/21/2025.]
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Filing 79
MEMORANDUM OPINION AND ORDER Denying #59 Opposed MOTION for Relief from Judgment (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 78 REPLY to Response to #76 Opposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment, filed by CPUSA2, LLC. (Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 77 RESPONSE in Opposition to #76 Opposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment, filed by Texas Tamale Company, Inc.. (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 76 Opposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment by CPUSA2, LLC, filed. Motion Docket Date 11/13/2023. (Attachments: #1 Exhibit Sur-Reply to Plaintiff's Motion for Summary Judgment)(Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 75
ORDER granting #72 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 74 REPLY in Support of #69 MOTION for Permanent Injunction MOTION for Entry of Order re: Exceptional Case Finding and Final Judgment MOTION for Damages, filed by Texas Tamale Company, Inc.. (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P, #4 Exhibit Q, #5 Exhibit R, #6 Exhibit S, #7 Exhibit T, #8 Exhibit U, #9 Exhibit V)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 73 SEALED REPLY in support of its Motion for Permanent Injunction, Damages, and an Exceptional Case Finding re: 68 SEALED MOTION FOR PERMANENT INJUNCTION, DAMAGES, AND AN EXCEPTIONAL CASE FINDING, #69 MOTION for Permanent Injunction MOTION for Entry of Order re: Exceptional Case Finding and Final Judgment MOTION for Damages by Texas Tamale Company, Inc., filed. (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P, #4 Exhibit Q, #5 Exhibit R, #6 Exhibit S, #7 Exhibit T, #8 Exhibit U, #9 Exhibit V) (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 72 Unopposed MOTION to Seal Reply in Support of Motion for Permanent Injunction, Damages, and Exceptional Case Finding by Texas Tamale Company, Inc., filed. Motion Docket Date 11/2/2023. (Attachments: #1 Proposed Order)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 71 RESPONSE in Opposition to #69 MOTION for Permanent Injunction MOTION for Entry of Order re: Exceptional Case Finding and Final Judgment MOTION for Damages, filed by CPUSA2, LLC. (Attachments: #1 Affidavit Declaration of Jose Felix Silva with Exhibits)(Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 70
ORDER granting #67 Unopposed Motion for Leave to File Under Seal. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 69 MOTION for Permanent Injunction, MOTION for Entry of Order re: Exceptional Case Finding and Final Judgment, MOTION for Damages( Motion Docket Date 10/5/2023.) by Texas Tamale Company, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit H-1, #10 Exhibit H-2, #11 Exhibit H-3, #12 Exhibit H-4, #13 Exhibit H-5, #14 Exhibit H-6, #15 Exhibit H-7, #16 Exhibit H-8, #17 Exhibit H-9, #18 Exhibit H-10, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L (redacted), #23 Exhibit M, #24 Proposed Order Granting Motion for Permanent Injunction, Damages and Exceptional Case Finding (redacted), #25 Proposed Order Final Judgment (redacted))(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 67 Unopposed MOTION to Seal Plaintiffs Motion for Permanent Injunction, Damages, and Exceptional Case Finding and accompanying proposed Order and Judgment by Texas Tamale Company, Inc., filed. Motion Docket Date 10/5/2023. (Attachments: #1 Proposed Order Granting Motion to File Under Seal)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 66
ORDER granting #65 Motion to Withdraw as Attorney. Attorney Andrew John McKeon terminated. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 65 Unopposed MOTION for Andrew J. McKeon to Withdraw as Attorney by Texas Tamale Company, Inc., filed. Motion Docket Date 10/2/2023. (Attachments: #1 Proposed Order Granting Andrew McKeon's Unopposed Motion to Withdraw)(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 64 REPLY to Response to #59 Opposed MOTION for Relief from Judgment, filed by CPUSA2, LLC. (Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 63
ORDER granting #62 Unopposed Motion to Withdraw as Attorney. Attorney Amy Elizabeth LaValle terminated. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 62 Unopposed MOTION for Amy LaValle to Withdraw as Attorney by Texas Tamale Company, Inc., filed. Motion Docket Date 9/20/2023. (Attachments: #1 Proposed Order)(LaValle, Amy) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 61 RESPONSE in Opposition to #59 Opposed MOTION for Relief from Judgment, filed by Texas Tamale Company, Inc.. (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 60 NOTICE of Appearance by Steven G. Spears on behalf of Texas Tamale Company, Inc., filed. (Spears, Steven) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 59 Opposed MOTION for Relief from Judgment by CPUSA2, LLC, filed. Motion Docket Date 9/5/2023. (Attachments: #1 Proposed Order Granting Motion for Relief from Summary Judgment, #2 Exhibit)(Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 58
ORDER granting #57 Unopposed Motion to Modify Scheduling Order. The deadline for the parties to file dispositive motions on Plaintiff's damages or request for injunctive relief is extended to September 15, 2023.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 57 Unopposed MOTION to Modify Scheduling Order as to #33 Scheduling Order,, #49 Order,, Terminate Deadlines, by Texas Tamale Company, Inc., filed. Motion Docket Date 7/21/2023. (Attachments: #1 Proposed Order Granting Unopposed Motion to Modify Scheduling Order)(LaValle, Amy) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 56 NOTICE of Appearance by Amy E. LaValle on behalf of Texas Tamale Company, Inc., filed. (LaValle, Amy) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 55 NOTICE of Appearance by Mandi M. Philips on behalf of CPUSA2, LLC, filed. (Phillips, Mandi) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 54 NOTICE of Appearance by Brian Casper on behalf of CPUSA2, LLC, filed. (Casper, Brian) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 53 NOTICE of Appearance by Darin M. Klemchuk on behalf of CPUSA2, LLC, filed. (Klemchuk, Darin) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 52
Agreed PROTECTIVE ORDER (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 51 Agreed PROPOSED ORDER - Protective Order, filed.(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 50 STATUS REPORT by CPUSA2, LLC, Texas Tamale Company, Inc., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 49
ORDER Granting in Part #47 MOTION to Modify Scheduling Order ( Dispositive Motions on Plaintiff's damages or request for injunctive relief due by 7/30/2023.) All other unexpired deadlines in the July 13, 2022 Scheduling and Docket Control Order are VACATED pending further order of the Court. Deadlines terminated (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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Filing 48
ORDER granting #46 Motion to Withdraw as Attorney. Attorney Nicholas Lee Everett terminated.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. STATUS CONFERENCE held on 6/1/2023. Parties to confer regarding document production and mediation. Joint status report due in 2 weeks. Motion for Nicholas Everett to Withdraw as Attorney granted. Appearances:Melissa Labuve. Jason Edward Tapp.(ERO:Yes), filed.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 47 MOTION to Modify Scheduling Order as to #33 Scheduling Order,, by Texas Tamale Company, Inc., filed. Motion Docket Date 6/20/2023. (Attachments: #1 Exhibit 1, #2 Proposed Order)(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 46 MOTION for Nicholas Everett to Withdraw as Attorney by CPUSA2, LLC, filed. Motion Docket Date 6/14/2023. (Attachments: #1 Proposed Order Order granting withdrawal)(Everett, Nicholas) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 45 NOTICE - Anticipatory Withdrawal of Counsel by CPUSA2, LLC, filed. (Tapp, Jason) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 44
ORDER to Confer. Status Conference set for 6/1/2023 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 43 ADVISORY by Texas Tamale Company, Inc., filed.(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 42
Summary Judgment ORDER granting #40 Motion for Summary Judgment. Plaintiff's Motion for Summary Judgment on Defendant's liability for trademark infringement and unfair competition and on Defendant's counterclaims for non-infringement and cancellation is GRANTED. The issues of injunctive relief, damages, and attorneys fees remain pending. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. MOTION HEARING held on 4/24/2023. Motion for Summary Judgment granted, written order to follow. Defendant ordered to respond to discovery within 2 weeks. Parties may request referral for mediation. Appearances: Nicholas Lee Everett, John C Cain, Melissa Labauve. (ERO:Yes), filed.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 41
ORDER re Motion for Summary Judgment. Motion Hearing set for 4/24/2023 at 02:00 PM in Courtroom 701 before Magistrate Judge Christina A Bryan. Argument shall be limited to the record currently before the Court: Defendant may appear and argue at the hearing but this Order does not authorize the filing of any late Response by Defendant. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 40 MOTION for Summary Judgment by Texas Tamale Company, Inc., filed. Motion Docket Date 3/27/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Affidavit Declaration of John C. Cain, #12 Affidavit Declaration of Louis McEney, #13 Proposed Order Granting Motion for Summary Judgment)(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 39
ORDER re #38 Stipulation. Pltf Expert Report due by 3/3/2023. Deft Expert Report due by 3/3/2023., (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 38 STIPULATION re: Extension of Expert Designation Deadlines by CPUSA2, LLC, Texas Tamale Company, Inc., filed. (Attachments: #1 Proposed Order)(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 37 First AMENDED ANSWER to #35 Answer to Complaint, Counterclaim by Texas Tamale Company, Inc., filed. (McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 36 ANSWER to #35 Answer to Complaint, Counterclaim by Texas Tamale Company, Inc., filed.(McKeon, Andrew) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 35 ANSWER to Complaint, COUNTERCLAIM against All Defendants by CPUSA2, LLC, filed.(Everett, Nicholas) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 34
MEMORANDUM AND ORDER Denying #29 MOTION TO DISMISS and for a More Definite Statement. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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Filing 33
SCHEDULING and DOCKET CONTROL ORDER. ETT: 2 Days. Bench. Pltf Expert Witness List due by 1/27/2023. Deft Expert Witness List due by 2/24/2023. Discovery due by 4/3/2023. Mediation due by 6/30/2023. Dispositive Motion Filing due by 5/30/2023. Non-Dispositive Motion Filing due by 6/30/2023. Joint Pretrial Order due by 8/19/2023. Pretrial Conference set for 9/12/2023 at 02:00 PM in Courtroom 701 before Magistrate Judge Christina A Bryan Bench Trial set for 9/18/2023 at 09:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 32 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Texas Tamale Company, Inc., filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 31
MEMORANDUM AND ORDER Granting #23 First MOTION to Set Aside Default Judgment. It is therefore ORDERED that the default entered against Defendant is VACATED. Having vacated the default, Plaintiffs Motion for a Default Judgment (ECF No. 20) and Motion to Reurge its Motion for a Default Judgment (ECF No. 28) are DENIED as moot. Motion(s) terminated.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 30 RESPONSE to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Texas Tamale Company, Inc.. (Attachments: #1 Proposed Order)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CPUSA2, LLC, filed. Motion Docket Date 5/23/2022. (Attachments: #1 Proposed Order proposed order)(Everett, Nicholas) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 28 MOTION to Reurge Motion for Entry of Default Judgment by Texas Tamale Company, Inc., filed. Motion Docket Date 5/13/2022. (Attachments: #1 Exhibit 1)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 27
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by CPUSA2, LLC, Texas Tamale Company, Inc. and ORDER TRANSFERRING CASE to Magistrate Judge Christina A Bryan. Judge Sim Lake no longer assigned to the case.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 26 CONSENT to Proceed Before a Magistrate Judge by CPUSA2, LLC, filed.(Everett, Nicholas) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 25 CONSENT to Proceed Before a Magistrate Judge by Texas Tamale Company, Inc., filed.(sanderson, 4) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 24
ORDER - CASE REFERRED to Magistrate Judge Christina A Bryan. Parties to advise court w/in 20 days if they will consent to Judge Bryan. (Signed by Judge Sim Lake) (Attachments: #1 Consent Form) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 23 First MOTION to Set Aside Default Judgment by CPUSA2, LLC, filed. Motion Docket Date 3/25/2022. (Attachments: #1 Proposed Order Proposed Order Setting Aside Judgment)(Everett, Nicholas) [Transferred from Texas Southern on 5/21/2025.] |
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Filing 22
ORDER - Granting #21 First MOTION for Nicholas Lee Everett to Appear Pro Hac Vice for CPUSA2, LLC. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 21 First MOTION for Nicholas Lee Everett to Appear Pro Hac Vice by CPUSA2, LLC, filed. Motion Docket Date 3/23/2022. (Everett, Nicholas) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 20 MOTION for Default Judgment against CPUSA2, LLC by Texas Tamale Company, Inc., filed. Motion Docket Date 3/18/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 6-A, #8 Proposed Order Final Judgment and Permanent Injunction)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 19 Clerks ENTRY OF DEFAULT against CPUSA2, LLC Parties notified.(sanderson, 4) (Main Document 19 replaced on 2/16/2022) (sanderson, 4). [Transferred from Texas Southern on 5/21/2025.] |
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Filing 18
ORDER - granting #17 Request for Clerk's Entry of Default and a default is hereby entered against defendant CPUSA2, LLC d/b/a Texas Lone Star Tamales. Accordingly, within 20 days from the entry of this Order plaintiff is ORDERED to move for judgment by default. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 5/21/2025.]
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| Filing 17 MOTION for Default Judgment against CPUSA2, LLC by Texas Tamale Company, Inc., filed. Motion Docket Date 3/4/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 16 Return of Service Unexecuted as to CPUSA2, LLC re: Summons, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 15 Summons Issued as to CPUSA2, LLC. Issued summons delivered to plaintiff by NEF, filed.(RachelSalazar, 4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 14 Request for Issuance of Summons as to CPUSA2, LLC, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 13 CLERKS NOTICE OF CANCELLATION Initial Pretrial and Scheduling Conference set for February 2, 2022 at 2:00PM is CANCELED. Parties notified, filed. (jdav, 4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 12 NOTICE of Intent to Seek Default Judgment by Texas Tamale Company, Inc., filed. (Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 11 RETURN of Service of SUMMONS Executed as to CPUSA2, LLC served on 12/17/2021, answer due 1/7/2022, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 10 Summons Issued as to CPUSA2, LLC. Issued summons delivered to plaintiff by NEF, filed.(RachelSalazar, 4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 9 Request for Issuance of Summons as to CPUSA2, LLC, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Summons Not Issued as to CPUSA2, LLC due to these deficiencies: Previously attempted to serve defendant. Could not be located physically, by phone or email. Attorney or Plaintiff notified of deficiencies by NEF, filed.(BrandisIsom, 4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 8 Request for Issuance of Summons as to CPUSA2, LLC, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 7 Return of Service Unexecuted as to CPUSA2, LLC re: Summons with Complaint, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 6 Summons Issued as to CPUSA2, LLC. Issued summons delivered to plaintiff by NEF, filed.(BrandisIsom, 4) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 5 Request for Issuance of Summons as to CPUSA2, LLC, filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 4 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (RachelSalazaradi, 4) [Transferred from Texas Southern on 5/21/2025.] |
|
Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/4/2022 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(RachelSalazaradi, 4)[Transferred from Texas Southern on 5/21/2025.]
|
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Texas Tamale Company, Inc., filed.(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
| Filing 1 COMPLAINT against CPUSA2, LLC dba Texas Lone Star Tamales (Filing fee $ 402 receipt number 0541-27178576) filed by Texas Tamale Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Cain, John) [Transferred from Texas Southern on 5/21/2025.] |
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