Khan et al v. Cinemex Holdings USA, Inc. et al
| S.C.G.C. Inc., S.C.G.M. Inc., SCG-N Inc., SCGWL Inc., SCG-B Inc., SCG-WR LLC, SCGK Inc., SCG-CS Inc., District Theaters Inc., Omar Khan, SCG-SW Inc. and SCG-VP Inc. |
| Cinemex Holdings USA, Inc. and Cinemex USA Real Estate Holdings, Inc. |
| 4:2020cv01178 |
| April 1, 2020 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| The hearing set for 8/26/2020 is terminated, this case is stayed; parties are to notify the Court when the case is ready to proceed. (bwhite, 4) |
Filing 47
ORDER. This case has been stayed as the Defendant has filed for Bankruptcy; denying without prejudice #37 MOTION to Dismiss #1 Complaint, orally granted #31 Unopposed MOTION to Substitute Attorney Quinn Emanuel Urquhart & Sullivan, LLP in place of Jones Day, denying without prejudice #7 SEALED MOTION for Expedited Injunctive Relief and Specific Performance and Brief in Support, denying without prejudice #6 MOTION to Expedite Injunctive Relief and Specific Performance, denying without prejudice 36 MOTION to Dismiss #1 Complaint, (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 46 Notice of Filing of Official Transcript as to #45 Transcript. Party notified, filed. (gclair, 4) |
| Filing 45 TRANSCRIPT re: Injunction Hearing held on 4/27/20 before Judge Andrew S Hanen. Court Reporter Heather Alcaraz. Ordering Party Patricia Tomasco. Release of Transcript Restriction set for 7/28/2020, filed. (halcaraz, ) |
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Filing 44
ORDER STAYING CASE. This case is completely stayed, any further action involving this dispute must take place in front of the bankruptcy court. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 43 AO 435 TRANSCRIPT REQUEST by Patricia B. Tomasco for Transcript of Telephonic Hearing held on April 27, 2020, with Judge Hanen. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Tomasco, Patricia) |
| Filing 42 RESPONSE to #40 Order , filed by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Awan, Mohamed) |
| Minute Entry for proceedings held before Judge Andrew S Hanen. Preliminary INJUNCTION HEARING held on 4/27/2020. Injunction hearing did not go forward as Defendant filed a Notice of Bankruptcy thus staying the case. Appearances: Juan P Morillo, Derek L Shaffer, Gabriel F Soledad, Jeffrey M Golub, Mohamed Awan, Nick Gorga.(Court Reporter: H. Alcaraz), filed.(rhawkins) |
| Filing 41 RESPONSE to #40 Order , filed by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc.. (Attachments: #1 Appendix)(Tomasco, Patricia) |
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Filing 40
ORDER. Parties are to submit short briefs; due by 4/27/2020 at 9:00 a.m.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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| Filing 39 NOTICE of Bankruptcy Filing and Automatic Stay by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. (Tomasco, Patricia) |
| Filing 38 SURREPLY to #6 MOTION to Expedite Injunctive Relief and Specific Performance, #7 SEALED MOTION for Expedited Injunctive Relief and Specific Performance and Brief in Support, filed by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc.. (Attachments: #1 Appendix)(Tomasco, Patricia) |
| Filing 37 MOTION to Dismiss #1 Complaint, REDACTED, by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. Motion Docket Date 5/14/2020. (Attachments: #1 attachment, #2 Proposed Order)(jdav, 4) |
| Filing 35 Notice of Filing of Official Transcript as to #33 Transcript. Party notified, filed. (jdav, 4) |
| Filing 34 REPLY to #26 Response in Opposition to Motion,, , filed by Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Awan, Mohamed) |
| Filing 33 TRANSCRIPT re: Telephone Conference held on 4/21/20 before Judge Andrew S Hanen. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Patricia Tomasco. Release of Transcript Restriction set for 7/21/2020, filed. (halcaraz, ) |
| Filing 32 AO 435 TRANSCRIPT REQUEST by Patricia B. Tomasco for Transcript of Telephonic Hearing held on April 21, 2020, before Judge Hanen. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Tomasco, Patricia) |
| Minute Entry for proceedings held before Judge Andrew S Hanen. TELEPHONE CONFERENCE held on 4/21/2020. The Court granted #27 MOTION for Juan P. Morillo to Appear Pro Hac Vice, #29 MOTION for Gabriel F. Soledad to Appear Pro Hac Vice, and #28 MOTION for Derek L. Shaffer to Appear Pro Hac Vice. The parties discussed with the Court the issues of the case. The Court overruled Defendant's objection to setting an injunction hearing. The Injunction Hearing is set for 4/27/2020 at 10:00 a.m. before Judge Andrew S Hanen). The hearing will be held through Zoom and the parties will be notified by the Case Manager of the procedure. Appearances: Patricia Baron Tomasco, Juan P Morillo, Derek L Shaffer, Gabriel F Soledad, Jeffrey M Golub, Blair C Mgbada, Mohamed Awan.(Court Reporter: Heather Alcaraz), filed.(rhawkins, 4) |
| Filing 31 Unopposed MOTION to Substitute Attorney Quinn Emanuel Urquhart & Sullivan, LLP in place of Jones Day by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. Motion Docket Date 5/11/2020. (Attachments: #1 Proposed Order)(Tomasco, Patricia) |
| Filing 30 NOTICE of Appearance by Patricia B. Tomasco on behalf of Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. (Tomasco, Patricia) |
| Filing 29 MOTION for Gabriel F. Soledad to Appear Pro Hac Vice by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. Motion Docket Date 5/11/2020. (Tomasco, Patricia) |
| Filing 28 MOTION for Derek L. Shaffer to Appear Pro Hac Vice by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. Motion Docket Date 5/11/2020. (Tomasco, Patricia) |
| Filing 27 MOTION for Juan P. Morillo to Appear Pro Hac Vice by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. Motion Docket Date 5/11/2020. (Tomasco, Patricia) |
| Filing 26 RESPONSE in Opposition to #6 MOTION to Expedite Injunctive Relief and Specific Performance, filed by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc.. (Attachments: #1 Exhibit Appendix Table of Contents, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Decl of Carreno, #7 Exhibit Decl of Domingo, #8 Exhibit Decl of Marti, #9 Exhibit Case 1, #10 Exhibit Case 2, #11 Exhibit Case 3, #12 Exhibit Case 4, #13 Exhibit Case 5, #14 Exhibit Case 6, #15 Exhibit Case 7, #16 Exhibit Case 8, #17 Exhibit Case 9, #18 Exhibit Case 10, #19 Exhibit Case 11, #20 Proposed Order Proposed Order)(Laun, Peter) |
| Filing 25 SEALED RESPONSE re: #7 SEALED MOTION for Expedited Injunctive Relief and Specific Performance and Brief in Support by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc., filed. (Attachments: #1 Exhibit Table of Contents, #2 Unredacted attachment Exhibit 1, #3 Unredacted attachment Exhibit 2, #4 Unredacted attachment Exhibit 3, #5 Unredacted attachment Exhibit 4, #6 Unredacted attachment Decl of Carreno, #7 Unredacted attachment Decl of Domingo, #8 Unredacted attachment Decl of Marti, #9 Unredacted attachment Case 1, #10 Unredacted attachment Case 2, #11 Unredacted attachment Case 3, #12 Unredacted attachment Case 4, #13 Unredacted attachment Case 5, #14 Unredacted attachment Case 6, #15 Unredacted attachment Case 7, #16 Unredacted attachment Case 8, #17 Unredacted attachment Case 9, #18 Unredacted attachment Case 10, #19 Unredacted attachment Case 11) (Laun, Peter) |
| Filing 24 CORPORATE DISCLOSURE STATEMENT by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc. identifying Grupo Cinemex, S.A. de C.V. and Operadora de Cinemas S.A. de C.V. as Corporate Parent, filed.(Laun, Peter) |
| Filing 23 RETURN of Service of SUMMONS Executed as to All Defendants, filed.(Golub, Jeffrey) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed.(Golub, Jeffrey) |
| Filing 21 NOTICE of Setting. Parties notified. Telephone Conference set for 4/21/2020 at 10:00 AM before Judge Andrew S Hanen, filed. (rhawkins) |
| Filing 20 Notice of Filing of Official Transcript as to #19 Transcript. Party notified, filed. (gclair, 4) |
| Filing 19 TRANSCRIPT re: Telephonic Hearing held on 4/10/20 before Judge Andrew S Hanen. Court Reporter/Transcriber Nichole Forrest, RDR, CRR, CRC. Release of Transcript Restriction set for 7/14/2020., filed. (NicholeForrest, ) |
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Filing 18
ORDER granting #8 Plaintiff's Motion for Accelerated Briefing and Hearing on Plaintiffs' Motion for Expedited Injunctive Relief and Specific Performance. Defendant's response due April 17, 2020, Plaintiff's reply due April 22, 2020, Defendants' sur-reply due April 24, 2020. Hearing date and time to be determined, but within the week of April 27, 2020..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 17
ORDER granting #13 Motion for Nick Gorga to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 16
ORDER granting #12 Motion for Mohamed Awan to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 15
ORDER granting #14 Motion for Blair C Mgbada to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 14 MOTION for Blair Mgbada to Appear Pro Hac Vice by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. Motion Docket Date 5/1/2020. (Golub, Jeffrey) |
| Filing 13 MOTION for Nick Gorga to Appear Pro Hac Vice by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. Motion Docket Date 5/1/2020. (Golub, Jeffrey) |
| Filing 12 MOTION for Mohamed Awan to Appear Pro Hac Vice by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. Motion Docket Date 5/1/2020. (Golub, Jeffrey) |
| Filing 11 NOTICE of Setting. Parties notified. Telephone Conference set for 4/10/2020 at 03:30 PM before Judge Andrew S Hanen, filed. (rhawkins) |
| Filing 10 RESPONSE to #8 MOTION Plaintiffs' Motion for Accelerated Briefing and Hearing on Plaintiffs' Motion for Expedited Injunctive Relief and Specific Performance filed by Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc.. (Attachments: #1 Proposed Order)(Domingo, Christopher) |
| Filing 9 RETURN of Service of SUMMONS Executed as to All Defendants, filed.(Golub, Jeffrey) |
| Minute Entry for proceedings held before Judge Andrew S Hanen. MISCELLANEOUS HEARING held on 4/10/2020. The Court heard the parties' position as to the urgency of briefing and hearing on injunctive relief. Defendants' response is due 4/17/2020; Plaintiffs' reply is due 4/22/2020; Defendants' sur-reply (if any) is due 4/24/2020. Order to follow. Appearances: Christopher Henry Domingo, Peter Laun, Jeffrey M Golub, Nicholas Gorga, Mohamed Awan.(Court Reporter: N. Forrest), filed.(rhawkins) |
| Filing 8 MOTION Plaintiffs' Motion for Accelerated Briefing and Hearing on Plaintiffs' Motion for Expedited Injunctive Relief and Specific Performance by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. Motion Docket Date 4/29/2020. (Attachments: #1 Proposed Order)(Golub, Jeffrey) |
| Filing 7 SEALED MOTION for Expedited Injunctive Relief and Specific Performance and Brief in Support by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. (Attachments: #1 Exhibit A - Sealed, #2 Exhibit B - Sealed) (Golub, Jeffrey) |
| Filing 6 MOTION to Expedite Injunctive Relief and Specific Performance by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. Motion Docket Date 4/29/2020. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Proposed Order)(Golub, Jeffrey) |
| Filing 5 Summons Issued as to Cinemex Holdings USA, Inc., Cinemex USA Real Estate Holdings, Inc.. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons #2)(DawnWaggoner, 4) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/26/2020 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(RuthGuerreroadi, 4)
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| Filing 3 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons)(Golub, Jeffrey) |
| Filing 2 SEALED DOCUMENT Plaintiffs' Verified Original Complaint by District Theaters Inc., Omar Khan, S.C.G.C. Inc., S.C.G.M. Inc., SCG-B Inc., SCG-CS Inc., SCG-N Inc., SCG-SW Inc., SCG-VP Inc., SCG-WR LLC, SCGK Inc., SCGWL Inc., filed. (Attachments: #1 Exhibit A - unredacted, #2 Exhibit D - unredacted, #3 Exhibit E - unredacted) (Golub, Jeffrey) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-24503867) filed by SCG-B Inc., SCGK Inc., SCG-VP Inc., SCG-WR LLC, SCG-SW Inc., SCG-N Inc., District Theaters Inc., Omar Khan, S.C.G.C. Inc., SCGWL Inc., SCG-CS Inc., S.C.G.M. Inc.. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Verification, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Golub, Jeffrey) |
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