Lewis Brisbois Bisgaard and Smith LLP v. Bitgood et al
| Lewis Brisbois Bisgaard and Smith LLP, Michael Joseph Bitgood, Richard P. Jones, Susan C Norman and Bradley B. Beers |
| 4:2022cv03279 |
| September 23, 2022 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 NOTICE of Setting. Parties notified. Motion Hearing set for 12/2/2022 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (gkelner, 4) |
| Filing 55 Notice of Filing of Official Transcript as to #52 Transcript. Party notified, filed. (ShannonHolden, 4) |
| Filing 54 SUPPLEMENT to #1 Complaint, #51 Notice of Setting (FORM, noticing) - Judge Ellison by Lewis Brisbois Bisgaard and Smith LLP, filed. (Attachments: #1 Exhibit 1, #2 Appendix A)(Braun, Sean) |
Filing 53
AMENDED ORDER. Plaintiff, Lewis Brisbois Bisgaard & Smith, LLP and Defendants agreed, oral request to extend the temporary restraining order and continue the telephonic hearing of Plaintiffs application for preliminary injunction by 14 days, until November 18, 2022, and to set November 11, 2022 as Plaintiffs deadline to respond to Defendants motions to dismiss is GRANTED. It is therefore: Ordered that the temporary restraining order entered by the Court on October 7, 2022 and extended, for the first time, on October 19, 2022, is extended until November 18, 2022, by which date the Court will conduct a telephonic hearing of Plaintiffs application for preliminary injunction. It is further: Ordered that Plaintiff shall respond to each of Defendants motions to dismiss, ECF Nos. 18-19, 23, 27, 28, 35-39, and 42, by November 11, 2022. (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
|
| Filing 52 TRANSCRIPT re: Motion Hearing held on November 2, 2022 before Judge Keith P Ellison. Court Reporter/Transcriber Mayra Malone. Ordering Party Plaintiff Release of Transcript Restriction set for 2/14/2023., filed. (Malone, Mayra) |
| Filing 51 NOTICE of Setting. Parties notified. Motion Hearing set for 11/17/2022 at 11:30 AM in by telephone before Judge Keith P Ellison, filed. (gkelner, 4) |
|
Filing 50
ORDER Granting #5 MOTION ECF access (Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)
|
| Filing 49 REPLY to #47 Response in Opposition to Motion,,,, filed by Michael Joseph Bitgood. (gkelner, 4) |
| Filing 48 REPLY to #41 Notice (Other),,, #40 Brief, #42 Brief, #38 MOTION to Dismiss #1 Complaint, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction Brief in Support of Motion to Dismiss 12(b )(2), (4), and (5), No Personal Jurisdiction, #47 Response in Opposition to Motion,,, #35 First MOTION to Dismiss #1 Complaint, , #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Complaint, Doc. No. 1, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction , filed by Susan C Norman. (Norman, Susan) |
| Filing 47 RESPONSE in Opposition to #23 Joint MOTION to Abstain, #28 MOTION to Dismiss, #38 MOTION to Dismiss #1 Complaint, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction Brief in Support of Motion to Dismiss 12(b )(2), (4), and (5), No Personal Jurisdiction, #19 MOTION to Dismiss, #18 MOTION to Dismiss, #35 First MOTION to Dismiss #1 Complaint, , #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Complaint, Doc. No. 1, #36 MOTION to Dismiss #1 Complaint, #35 First MOTION to Dismiss #1 Complaint, Brief in Support of Motion to Dismiss 12(b )(1) Lack of Subject Matter Jurisdiction, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction, filed by Lewis Brisbois Bisgaard and Smith LLP. (Braun, Sean) |
| Filing 46 PROPOSED ORDER , filed.(Kotlarsky, Shane) |
|
Filing 45
ORDER ; Motion-related deadline set re: #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Complaint, Doc. No. 1, #35 First MOTION to Dismiss #1 Complaint, , #38 MOTION to Dismiss #1 Complaint, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction Brief in Support of Motion to Dismiss 12(b )(2), (4), and (5), No Personal Jurisdiction, #23 Joint MOTION to Abstain, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction, #19 MOTION to Dismiss, #18 MOTION to Dismiss Responses due by 11/11/2022.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
|
| Filing 44 PROPOSED ORDER , filed.(Braun, Sean) |
| injunction hearing on 11/4 is cancelled. (arrivera, 4) |
| Filing 43 RESPONSE in Opposition to #31 MOTION to Compel production of communications and documents responsive to Plaintiffs requests for production, filed by Susan C Norman. (Norman, Susan) |
| Filing 42 BRIEF for 12(b)(1) Motions for Lack of Subject Matter Jurisdiction re: #1 Complaint, #35 First MOTION to Dismiss #1 Complaint, by Susan C Norman, filed.(Norman, Susan) |
| Filing 41 NOTICE of Joinder Pursuant to 12(g) for all filed 12(b) Motions re: #40 Brief, #38 MOTION to Dismiss #1 Complaint, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction Brief in Support of Motion to Dismiss 12(b )(2), (4), and (5), No Personal Jurisdiction, #35 First MOTION to Dismiss #1 Complaint, , #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Complaint, Doc. No. 1, #36 MOTION to Dismiss #1 Complaint, #35 First MOTION to Dismiss #1 Complaint, Brief in Support of Motion to Dismiss 12(b )(1) Lack of Subject Matter Jurisdiction, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction by Susan C Norman, filed. (Norman, Susan) |
| Filing 40 BRIEF re: #1 Complaint, #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Complaint, Doc. No. 1 by Susan C Norman, filed.(Norman, Susan) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Complaint, Doc. No. 1 by Susan C Norman, filed. Motion Docket Date 11/23/2022. (Attachments: #1 Affidavit Affidavit of Susan C. Norman, #2 Appendix A - 7-20-20 - Trademark 3,722,172 Cancelled, #3 Appendix B - 9-29-22 - NEW Application for Trademark for 4-Name LLP, #4 Appendix C - Excerpts of 10-6-22 TRO Hearing, #5 Appendix D - Docket Sheet 22-cv-03279 - No Summons Issued, #6 Appendix E - Docket Sheet State Court, #7 Appendix F-1 - 1-7-22 - State-Court Amended Petition, #8 Appendix F-2 - 3-11-22 - CA LLP & David Oubre Answer for state-court defendants, #9 Appendix F-3 - 4-27-22 - Tex SOS Filings CA LLP & TX LLP, #10 Appendix F-4 - TRCP Rule 12 Motion Show Authority CA LLP & David Oubre, #11 Appendix F-5 - 6-24-22 - State-Court 4th Amended Petition for Declaratory Relief vs CA LLP, #12 Appendix F-6-i, ii - 9-13-22 - State Court Judgment Adverse to Plaintiff Herein, #13 Appendix F-7 - David Oubre Email send Lubert's CA LLP--Cease & Desist-, #14 Appendix F-8 - 9-27-22 - State-Court Findings Fact & Conclusions Law Adverse to Plaintiff Herein, #15 Appendix G - Plaintiff's Email w Settlement Demand - All or None)(Norman, Susan) |
| Filing 38 MOTION to Dismiss #1 Complaint, #37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction Brief in Support of Motion to Dismiss 12(b )(2), (4), and (5), No Personal Jurisdiction by Susan C Norman, filed. Motion Docket Date 11/23/2022. (Norman, Susan) |
| Filing 37 MOTION to Dismiss #1 Complaint, No Summons, No Personal Jurisdiction by Susan C Norman, filed. Motion Docket Date 11/23/2022. (Attachments: #1 Affidavit Affidavit of Susan C. Norman - No Summons, No Personal Jurisdiction, #2 Appendix D - Docket Sheet 22-cv-03279 - No Summons Issued - No Personal Jurisdiction)(Norman, Susan) |
| Filing 36 PER FILER, DUPLICATE OF ENTRY 35. MOTION to Dismiss #1 Complaint, #35 First MOTION to Dismiss #1 Complaint, Brief in Support of Motion to Dismiss 12(b )(1) Lack of Subject Matter Jurisdiction by Susan C Norman, filed. Motion Docket Date 11/23/2022. (Norman, Susan) . |
| Filing 35 First MOTION to Dismiss #1 Complaint, by Susan C Norman, filed. Motion Docket Date 11/23/2022. (Attachments: #1 Affidavit Affidavit of Susan C Norman, #2 Appendix A - 7-20-20 - Trademark 3,722,172 Cancelled, #3 Appendix B - 9-29-22 - NEW Application for Trademark for 4-Name LLP, #4 Appendix C - Excerpts of 10-6-22 TRO Hearing, #5 Appendix D - Docket Sheet 22-cv-03279 - No Summons Issued, #6 Appendix E - Docket Sheet State Court, #7 Appendix F-1 - 1-7-22 - State-Court Amended Petition, #8 Appendix F-2 - 3-11-22 - CA LLP & David Oubre Answer for state-court defendants, #9 Appendix F-3 - 4-27-22 - Tex SOS Filings CA LLP & TX LLP, #10 Appendix F-4 - TRCP Rule 12 Motion Show Authority CA LLP & David Oubre, #11 Appendix F-5 - State-Court 4th Amended Petition - Declaratory Judgment, #12 Appendix F-6 - 9-13-22 - State-Court Judgment Adverse to Plaintiff herein, #13 Appendix F-7 - 9-16-22 - CA LLP - First Notice of Cease & Desist to TX LLP, #14 Appendix F-8 - 9-27-22 - State-Court Findings Fact & Conclusion Law Adverse to Plaintiff Herein, #15 Appendix G - Plaintiff's Email and Settlement Demand)(Norman, Susan) |
| Filing 34 RESPONSE in Opposition to #31 MOTION to Compel production of communications and documents responsive to Plaintiffs requests for production, filed by Bradley B. Beers. (Dunwoody, Samuel) |
| Filing 33 NOTICE of Appearance by S. Wallace Dunwoody on behalf of Bradley B. Beers, filed. (Dunwoody, Samuel) |
| Filing 32 NOTICE of Setting as to #31 MOTION to Compel production of communications and documents responsive to Plaintiffs requests for production, #30 MOTION Emergency Application for a Reasonable Accomodation Under the A.D.A., #29 EMERGENCY MOTION. Parties notified. Motion Hearing set for 11/2/2022 at 03:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) |
| Filing 31 MOTION to Compel production of communications and documents responsive to Plaintiffs requests for production by Lewis Brisbois Bisgaard and Smith LLP, filed. Motion Docket Date 11/14/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Proposed Order)(Braun, Sean) |
| Filing 30 MOTION Emergency Application for a Reasonable Accomodation Under the A.D.A. by Michael Joseph Bitgood, filed. Motion Docket Date 11/14/2022. (arrivera, 4) (Additional attachment(s) added on 10/21/2022: #1 Exhibit) (arrivera, 4). |
| Filing 29 EMERGENCY APPLICATION FRO A REASONABLE ACCOMODATION UNDER THE ADA by Michael Joseph Bitgood, filed. Motion Docket Date 11/14/2022. (gkelner, 4) |
| Filing 28 MOTION to Dismiss by Michael Joseph Bitgood, filed. Motion Docket Date 11/14/2022. (Attachments: #1 Attachments)(gkelner, 4) |
|
Filing 27
ORDER granting #22 Unopposed MOTION for Continuance of Preliminary Injunction HearingUnopposed MOTION Extension of Temporary Restraining Order (Preliminary Injunction Hearing reset for 11/4/2022 at 02:00 PM in by telephone before Judge Keith P Ellison)(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
|
| Filing 26 NOTICE of Setting as to #15 setting. Parties notified. Preliminary Injunction Hearing set for 10/21/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) |
| Filing 25 Notice of Filing of Official Transcript as to #24 Transcript. Party notified, filed. (DarleneHansen, 4) |
| Deposit made into the Registry of the Court by Lewis Brisbois Bisgaard and Smith LLP in the amount of $100.00, receipt number HOU111871 re: #14 Temporary Restraining Order, filed. (jsuchma, 4) |
| Filing 24 TRANSCRIPT re: TRO Hearing Proceedings held on 10/06/2022 before Judge Keith P Ellison. Court Reporter/Transcriber david S. Smith. Ordering Party William Helfand Release of Transcript Restriction set for 1/17/2023., filed. (Smith, David) |
| Filing 23 Joint MOTION to Abstain by Michael Joseph Bitgood, Susan C Norman, filed. Motion Docket Date 11/7/2022. (Attachments: #1 Exhibit 2022 10-16 - Jones v Martinez et al, Docket Sheet, #2 Exhibit 2022-10-12 - Plaintiff LBBS List of All-or-None - Settlement Demands to Bitgood et al.)(Norman, Susan) |
| Filing 22 Unopposed MOTION for Continuance of Preliminary Injunction Hearing, Unopposed MOTION Extension of Temporary Restraining Order( Motion Docket Date 11/7/2022.) by Lewis Brisbois Bisgaard and Smith LLP, filed. (Attachments: #1 Proposed Order)(Helfand, William) |
| Filing 21 Certificate of Written Discovery by Lewis Brisbois Bisgaard and Smith LLP, filed.(Helfand, William) |
| Filing 20 NOTICE of Appearance by Shane Kotlarsky on behalf of Lewis Brisbois Bisgaard and Smith LLP, filed. (Helfand, William) |
| Filing 19 MOTION to Dismiss pursuant to the Texas Citizens Participation Act by Michael Joseph Bitgood, filed. Motion Docket Date 11/4/2022. (ckrus, 4) |
| Filing 18 MOTION to Dismiss by Michael Joseph Bitgood, filed. Motion Docket Date 11/4/2022. (arrivera, 4) |
| Filing 17 AO 435 TRANSCRIPT REQUEST by William S. Helfand for Transcript of Hearing on Temporary Injunction on 10/6/2022 before Judge Ellison. 3-Day turnaround requested. Court Reporter/Transcriber: David Smith, filed. (Helfand, William) |
| Filing 15 NOTICE of Setting. Parties notified. Preliminary Injunction Hearing set for 10/21/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) |
|
Filing 14
TEMPORARY RESTRAINING ORDER (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
|
| Filing 13 OBJECTIONS to Dkt 11, Plaintiff Pro Se's Proposed Order, filed by Susan C Norman. (Attachments: #1 Exhibit 2022 10-06 - De Facto Dissolution of Texas LLP, #2 Proposed Order Norman - Bitgood Proposed Order)(Norman, Susan) |
| Filing 12 OBJECTIONS , filed by Bradley B. Beers. (Beers, Brad) |
| Filing 11 PROPOSED ORDER Temporary Restraining Order re: #1 Complaint,, filed.(Helfand, William) |
| Filing 16 Letter and NOTICE OF AGREEMENT WINDING UP AND TERMINATING LIMITED PARTNERSHIP by Michael Joseph Bitgood, filed.(arrivera, 4) |
| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 10/6/2022 on the Opposed Motion for Injunctive Relief. (Doc. 1). Due to reasons stated on the record, the Court GRANTED the Motion. Appearances:Michael Bitgood. Brad Beers, Sean Benjamin ONeal Braun, Bennett Greg Fisher, William Scott Helfand, Susan Cecilia Norman.(Court Reporter: D. Smith)(Law Clerk: I.S.), filed.(arrivera, 4) |
| Filing 10 Hearing EXHIBITS by Lewis Brisbois Bisgaard and Smith LLP, 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 I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL)(Helfand, William) |
| Filing 9 SUPPLEMENT to #8 Response by Michael Joseph Bitgood, filed.(arrivera, 4) |
| Filing 8 Letter RESPONSE to #7 Supplement, filed by Michael Joseph Bitgood. (arrivera, 4) |
| Filing 7 SUPPLEMENT to #1 Complaint, by Lewis Brisbois Bisgaard and Smith LLP, filed. (Attachments: #1 Exhibit Supp. Exhibit 1, #2 Exhibit Supp. Exhibit 2)(Braun, Sean) |
| Filing 6 RESPONSE In Opposition to #1 Preliminary Injunction and Motion to Admit Plaintiff's Exhibits,, filed by Michael Joseph Bitgood. (arrivera, 4) |
| Filing 5 Letter and request for ECF access by Michael Joseph Bitgood, filed. Motion Docket Date 10/24/2022. (arrivera, 4) |
| Filing 4 NOTICE of Setting re: #1 Complaint,. Parties notified. Preliminary Injunction Hearing set for 10/6/2022 at 02:30 PM in by video before Judge Keith P Ellison, filed. (arrivera, 4) |
| Filing 3 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (BrandisIsom, 4) |
|
Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/13/2023 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(BrandisIsom, 4)
|
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-28825377) filed by Lewis Brisbois Bisgaard and Smith LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Helfand, William) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
