Phoenix Entertainment Partners, LLC v. Herbert J. Boyte Jr. et al
| Phoenix Entertainment Partners, LLC |
| Herbert J. Boyte Jr, Jodie Boyte, Dennis Lee Locke doing business as Lynns Longbranch, Nampaw LLC, Peltons Catering Inc., Koert William Knights, Herbert J. Boyte Jr., Back Den L.P., Whos Bar My Bar LLC, Hunters Pub, Inc., Lynns Longbranch Saloon, LLC, Laras LPA, LLC and C & Yuan Company Inc. |
| 4:2016cv02911 |
| September 29, 2016 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Anderson |
| Lee H Rosenthal |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2018. A more recent docket listing may be available from PACER.
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Filing 68
Order of Joint Stipulation of Dismissal with Prejudice(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rguerrero, 4)
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| Filing 67 NOTICE of Dismissal as to C & Yuan Company Inc., Laras LPA, LLC, Dennis Lee Locke, Lynns Longbranch Saloon, LLC, Whos Bar My Bar LLC by Phoenix Entertainment Partners, LLC, filed. (Vogt, Keith) |
| Filing 66 STIPULATION of Dismissal Joint Stipulation of Dismissal by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
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Filing 65
ORDER granting #63 Joint Stipulation of Dismissal with Prejudice. Hunters Pub, Inc. and Peltons Catering Inc. terminated. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 63 STIPULATION of Dismissal Joint Stipulation of Dismissal by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
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Filing 64
Order of Joint Stipulation of Dismissal with Prejudice granting #62 Stipulation of Dismissal, Herbert J. Boyte Jr., Jodie Boyte terminated(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rguerrero, 4)
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| Filing 62 STIPULATION of Dismissal Joint Stipulation of Dismissal by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
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Filing 61
AMENDED SCHEDULING AND DOCKET CONTROL ORDER. Discovery due by 12/14/2017. Dispositive Motion Filing due by 1/4/2018. Joint Pretrial Order due by 2/23/2018. Docket Call set for 3/2/2018 at 08:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal (Signed by Chief Judge Lee H Rosenthal). Parties notified. (rosaldana, 4)
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| Filing 60 Joint MOTION to Amend #59 Scheduling Order, by Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Koert William Knights, Peltons Catering Inc., filed. Motion Docket Date 10/31/2017. (Attachments: #1 Proposed Order)(Phillips, Jonathan) |
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Filing 59
AMENDED SCHEDULING ORDER granting #58 Joint MOTION to Modify Docket Control Order. ( Discovery due by 10/30/2017., Mediation due by 9/29/2017., Pretrial Motion Filing due by 11/20/2017., Joint Pretrial Order due by 1/9/2018., Docket Call set for 1/26/2018 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal)(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 58 Joint MOTION to Modify Docket Control Order as to #49 Scheduling Order, by Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Koert William Knights, Peltons Catering Inc., filed. Motion Docket Date 9/1/2017. (Attachments: #1 Proposed Order)(Phillips, Jonathan) |
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Order of dismissal vacated and case reopened. Closed in error. Only deft Nampaw should be terminated. (leddins, 4)
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| Filing 57 STIPULATION of Dismissal Joint Stipulation of Dismissal by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
| Filing 56 ANSWERS TO KOERT WILLIAMS KNIGHTS COUNTERCLAIMS AND AFFIRMATIVE DEFENSES by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
| Filing 55 ANSWERS TO HUNTERS PUB, INC. AND PELTONS CATERING INC.S COUNTERCLAIMS AND AFFIRMATIVE DEFENSES by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
| Filing 54 ANSWERS TO HERBERT J. BOYTE, JR. AND JODIE BOYTES COUNTERCLAIMS AND AFFIRMATIVE DEFENSES by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
| Filing 53 ANSWER to #50 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, COUNTERCLAIM against Phoenix Entertainment Partners, LLC by Peltons Catering Inc., Hunters Pub, Inc., filed.(Phillips, Jonathan) |
| Filing 52 ANSWER to #50 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, COUNTERCLAIM against Phoenix Entertainment Partners, LLC by Koert William Knights, filed.(Phillips, Jonathan) |
| Filing 51 ANSWER to #50 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand, COUNTERCLAIM against Phoenix Entertainment Partners, LLC by Herbert J. Boyte Jr., Jodie Boyte, filed.(Phillips, Jonathan) |
| Filing 50 Second AMENDED COMPLAINT against All Defendants filed by Phoenix Entertainment Partners, LLC.(Vogt, Keith) |
| Filing 48 MEMORANDUM AND OPINION entered MOOTING #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , GRANTING IN PART #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , GRANTING IN PART #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the First Amended Complaint,MOOTING #33 MOTION Notice of Supplemental Authority. If the plaintiff wishes to file an amended complaint setting out in more detail its allegations about the service marks, the amended complaint must be filed by April 28, 2017. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) |
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Filing 49
AMENDED SCHEDULING AND DOCKET CONTROL ORDER granting #47 MOTION for Extension of Time. Pltf Expert Report due by 5/26/2017. Deft Expert Report due by 6/30/2017. Discovery due by 8/29/2017. Mediation due by 7/19/2017. Dispositive Motion Filing due by 9/22/2017. Joint Pretrial Order due by 12/8/2017. Docket Call set for 12/15/2017 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
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| Filing 47 MOTION for Extension of Time Scheduling and Docket Control Order by Phoenix Entertainment Partners, LLC, filed. Motion Docket Date 4/17/2017. (Attachments: #1 Proposed Order)(Vogt, Keith) |
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Filing 46
PROTECTIVE ORDER granting #45 Unopposed MOTION for Entry of Order re: Entry of Agreed Upon Confidentiality Order. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
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| Filing 45 Unopposed MOTION for Entry of Order re: Entry of Agreed Upon Confidentiality Order by Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Peltons Catering Inc., William Knights, filed. Motion Docket Date 3/21/2017. (Attachments: #1 Proposed Order Agreed Upon Confidentiality Order)(Phillips, Jonathan) |
| Filing 44 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Discovery hearing held February 14, 2017. The defendants' production will be limited at this time to SoundChoice tracks, as indicated in the defendants' version of Paragraph 1 of Section 15 of the proposed Protective Order. The plaintiffs may request to expand that scope in the future depending on the results of the first production. The defendants must produce the tracks no later than February 24, 2017. Appearances: Keith Vogt for Pltf., Gina Viccinelli/Gino Rossini and Jonathan Phillips for Defts. (Court Reporter: L. Wells), filed.(leddins, 4) |
| Filing 43 NOTICE of Setting. Parties notified. Discovery Hearing set for 2/14/2017 at 10:00 AM by telephone before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
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Filing 42
ORDER granting #40 Motion to Substitute Attorney. Attorney John McFerrin Barcus terminated. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
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| Filing 41 RESPONSE to Supplemental Authority, filed by Phoenix Entertainment Partners, LLC. (Vogt, Keith) |
| Filing 40 MOTION to Substitute Attorney Gina Viccinelli in place of John Barcus by Nampaw LLC, filed. Motion Docket Date 2/14/2017. (Attachments: #1 Proposed Order)(Viccinelli, Gina) |
| Filing 39 NOTICE of Additional Authority (1/18/17 Ninth Cir. Opinion) by Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Peltons Catering Inc., William Knights, filed. (Phillips, Jonathan) |
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Filing 38
SCHEDULING ORDER. Motion for Leave to Amended Pleadings due by 2/3/2017. Motions to Add New Parties due by 2/3/2017 Pltf Expert Report due by 3/27/2017. Deft Expert Report due by 5/1/2017. Discovery due by 6/30/2017. Mediation due by 5/20/2017. Dispositive Motion Filing due by 6/24/2017. Joint Pretrial Order and Motions in Limine due by 9/22/2017. Docket Call set for 9/29/2017 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(arrivera, 4)
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| Filing 37 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held December 16, 2016. The court heard arguments on the defendants' motions to dismiss. The court will enter a scheduling and docket control order. Appearances: Keith Vogt(by phone) for Pltf. and Jonathan Phillips/John Barcus for Defts. (Court Reporter: K. MIller), filed.(leddins, 4) |
| Filing 36 RESPONSE in Opposition to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the First Amended Complaint, filed by Phoenix Entertainment Partners, LLC. (Attachments: #1 Proposed Order)(Vogt, Keith) |
| Filing 35 Supplemental REPLY in Support of #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Nampaw LLC. (Attachments: #1 Exhibit 1)(Barcus, John) |
| Filing 34 RESPONSE to #33 MOTION Notice of Supplemental Authority , filed by Herbert J. Boyte Jr., Jodie Boyte, Peltons Catering Inc., William Knights. (Phillips, Jonathan) |
| Filing 33 MOTION Notice of Supplemental Authority by Phoenix Entertainment Partners, LLC, filed. Motion Docket Date 1/3/2017. (Attachments: #1 Exhibit A)(Vogt, Keith) |
| Filing 32 ANSWER to #25 Counterclaim by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
| Filing 31 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Nampaw LLC, filed. (Attachments: #1 Proposed Order)(Barcus, John) |
| Summons Issued as to Lynns Longbranch Saloon, LLC. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4) |
| Filing 30 Request for Issuance of Summons as to Lynns Longbranch Saloon, LLC, filed.(Vogt, Keith) |
| Filing 29 REPLY in Support of #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Nampaw LLC. (Barcus, John) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the First Amended Complaint by Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Peltons Catering Inc., William Knights, filed. Motion Docket Date 12/14/2016. (Attachments: #1 Proposed Order)(Phillips, Jonathan) |
| Filing 27 RESPONSE in Opposition to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Phoenix Entertainment Partners, LLC. (Attachments: #1 Proposed Order, #2 Exhibit Slip Opinion)(Vogt, Keith) |
| Filing 26 First AMENDED COMPLAINT against All Defendants filed by Phoenix Entertainment Partners, LLC.(Vogt, Keith) |
| Filing 25 COUNTERCLAIM against Phoenix Entertainment Partners, LLC filed by Jodie Boyte, Peltons Catering Inc., Herbert J. Boyte Jr., William Knights, Hunters Pub, Inc..(Phillips, Jonathan) |
| Filing 24 CERTIFICATE OF INTERESTED PARTIES by Peltons Catering Inc., filed.(Phillips, Jonathan) |
| Filing 23 CERTIFICATE OF INTERESTED PARTIES by Hunters Pub, Inc., filed.(Phillips, Jonathan) |
| Filing 22 CERTIFICATE OF INTERESTED PARTIES by William Knights, filed.(Phillips, Jonathan) |
| Filing 21 CERTIFICATE OF INTERESTED PARTIES by Herbert J. Boyte Jr., Jodie Boyte, filed.(Phillips, Jonathan) |
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Filing 20
ORDER granting #17 MOTION for Jonathan LA Phillips to Appear Pro Hac Vice (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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| Filing 19 CERTIFICATE OF INTERESTED PARTIES by Nampaw LLC, filed.(Barcus, John) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Peltons Catering Inc., William Knights, filed. Motion Docket Date 12/2/2016. (Attachments: #1 Exhibit A - Texas Secretary of State Document, #2 Proposed Order)(Phillips, Jonathan) |
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Filing 15
ORDER granting #12 Motion for Extension of Time. Koert William Knights will have until November 15, 2016, to respond to the Complaint. (Signed by Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
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Filing 14
ORDER granting #13 Motion for Jonathan LA Phillips to Appear Pro Hac Vice. (Signed by Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
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| Filing 18 MOTION for Extension of Time to Answer Complaint, filed. Motion Docket Date 11/29/2016. (Attachments: #1 Proposed Order)(dterrell, 2) |
| Filing 17 MOTION for Jonathan LA Phillips to Appear Pro Hac Vice, filed. Motion Docket Date 11/29/2016. (agould, 3) |
| Filing 13 MOTION for Jonathan LA Phillips to Appear Pro Hac Vice by Herbert J. Boyte Jr., Jodie Boyte, William Knights, filed. Motion Docket Date 11/28/2016. (dnoriega, 1) |
| Filing 12 MOTION for Extension of Time to Respond to Complaint by William Knights, filed. Motion Docket Date 11/28/2016. (Attachments: #1 Proposed Order, #2 Cover Letter)(dnoriega, 1) |
| Filing 11 ANSWER to #1 Complaint by Nampaw LLC, filed.(Barcus, John) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nampaw LLC, filed. Motion Docket Date 11/21/2016. (Attachments: #1 Proposed Order)(Barcus, John) |
| Filing 9 RETURN of Service of SUMMONS Executed as to Laras LPA, LLC served on 10/1/2016, answer due 10/24/2016, filed.(Vogt, Keith) |
| Filing 8 RETURN of Service of SUMMONS Executed as to William Knights served on 10/4/2016, answer due 10/25/2016, filed.(Vogt, Keith) |
| Filing 7 RETURN of Service of SUMMONS Executed as to Nampaw LLC served on 10/1/2016, answer due 10/24/2016, filed.(Vogt, Keith) |
| Filing 6 ANSWER to #1 Complaint by Laras LPA, LLC, filed.(Galindo, Cristobal) |
| Filing 5 NOTICE of Dismissal as to Back Den L.P. by Phoenix Entertainment Partners, LLC, filed. (Vogt, Keith) |
| Filing 4 Commissioner of Patents and Trademarks, AO-120, Notified. (lgouadi, 4) |
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Filing 3
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 12/16/2016 at 08:45 AM in Courtroom 11B before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(lgouadi, 4)
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| Summons Issued as to Back Den L.P., C & Yuan Company Inc., Herbert J. Boyte Jr., Hunters Pub, Inc., Jodie Boyte, Laras LPA, LLC, Dennis Lee Locke, Nampaw LLC, Peltons Catering Inc., Whos Bar My Bar LLC, William Knights. Issued summons returned to plaintiff by: In person, filed.(jdav, 4) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Phoenix Entertainment Partners, LLC, filed.(Vogt, Keith) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-17305735) filed by Phoenix Entertainment Partners, LLC. (Attachments: #1 Civil Cover Sheet)(Vogt, Keith) |
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