Landry's, LLC et al v. Landry Distilling, Inc. et al
| Landry's, LLC and Landry's Trademark, Inc. |
| Landry Distilling, Inc., Landry Distillery LLC, Landry Oaks, LLC, Landry Reserve, LLC and Lowell Zachary Landry |
| 4:2023cv01314 |
| April 7, 2023 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| RECEIPT of Transfer received via email Notification: transfer of case to Western District of Texas. New Case # assigned: 1:23-cv-00571 and received on 05/23/2023., filed. (BrendaLacy, 4) |
| Interdistrict transfer to Western District of Texas. Case transferred electronically. Case terminated on 5/23/2023, filed. (KimberlyPicota, 4) |
Filing 24
MEMORANDUM AND ORDER granting #9 MOTION to Transfer Case to Western District of Texas(Signed by Judge Keith P Ellison) Parties notified.(KimberlyPicota, 4)
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| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 5/19/2023 on the Motion to Transfer filed by Defendants (ECF No. 9) and the Motion to Remand filed by Plaintiffs (ECF No. 12). The Court took the Motions under advisement. A written order will follow. Appearances: Alexander Dvorscak, Travis Wimberly, Zachary Landry (Court Reporter: Alcaraz)(Law Clerk: BES), filed.(arrivera, 4) |
| Filing 23 REPLY in Support of #12 MOTION to Remand, filed by Landry's Trademark, Inc., Landry's, LLC. (Dvorscak, Alexander) |
| Filing 22 REPLY in Support of #9 MOTION to Transfer Case to Western District of Texas - Austin Division, filed by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC. (Wimberly, Travis) |
| Filing 21 RESPONSE in Opposition to #9 MOTION to Transfer Case to Western District of Texas - Austin Division, filed by Landry's Trademark, Inc., Landry's, LLC. (Attachments: #1 Exhibit A)(Dvorscak, Alexander) |
| Filing 20 RESPONSE in Opposition to #12 MOTION to Remand, filed by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC. (Attachments: #1 Exhibit 1 - Landry Declaration, #2 Exhibit A - Landry Decl., #3 Exhibit B - Landry Decl., #4 Exhibit C - Landry Decl., #5 Exhibit D - Landry Decl., #6 Exhibit E - Landry Decl., #7 Exhibit F- Landry Decl., #8 Proposed Order)(Wimberly, Travis) |
| Filing 19 NOTICE of Appearance by Harrison Scheer on behalf of Landry's Trademark, Inc., Landry's, LLC, filed. (Scheer, Harrison) |
| Filing 18 MOTION to Strike #11 Amended Complaint/Counterclaim/Crossclaim etc. by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC, filed. Motion Docket Date 5/26/2023. (Attachments: #1 Exhibit 1 - Declaration of Eric R. Olson, #2 Exhibit A - (Olson Decl), #3 Proposed Order)(Wimberly, Travis) |
| Filing 17 NOTICE of Setting as to #12 MOTION to Remand, #9 MOTION to Transfer Case to Western District of Texas - Austin Division. Parties notified. Motion Hearing set for 5/19/2023 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) |
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Filing 16
ORDER for expedited briefing ; Motion-related deadline set re: #9 MOTION to Transfer Case to Western District of Texas - Austin Division, #12 MOTION to Remand Responses due by 5/9/2023. Replies due by 5/15/2023(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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| Filing 15 EMERGENCY MOTION( Motion Docket Date 5/23/2023.), MOTION to Remand by Landry's Trademark, Inc., Landry's, LLC, filed. (Attachments: #1 Proposed Order)(Dvorscak, Alexander) |
| Filing 14 Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Landry's Trademark, Inc., Landry's, LLC identifying Fertitta Entertainment, LLC as Corporate Parent, filed.(Zavitsanos, John) |
| Filing 12 MOTION to Remand by Landry's Trademark, Inc., Landry's, LLC, filed. Motion Docket Date 5/12/2023. (Attachments: #1 Proposed Order)(Zavitsanos, John) |
| Filing 11 Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Landry's, LLC, Landry's Trademark, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B)(Zavitsanos, John) |
| Filing 10 ANSWER to #1 State Court Petition/Notice of Removal by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC, filed.(Wimberly, Travis) |
| Filing 9 MOTION to Transfer Case to Western District of Texas - Austin Division by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC, filed. Motion Docket Date 5/12/2023. (Attachments: #1 Exhibit 1 - Landry Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order)(Wimberly, Travis) |
| Filing 8 NOTICE of Appearance by Christopher M. Weimer on behalf of Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC, filed. (Weimer, Christopher) |
| Filing 7 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (AkeitaMichael, 4) |
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/14/2023 at 03:45 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(AkeitaMichael, 4)
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| Filing 5 CORPORATE DISCLOSURE STATEMENT by Landry Reserve, LLC identifying Landry Distilling, Inc. as Corporate Parent, filed.(Wimberly, Travis) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Landry Oaks, LLC identifying Landry Reserve, LLC as Corporate Parent, filed.(Wimberly, Travis) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Landry Distillery LLC identifying Landry Oaks, LLC as Corporate Parent, filed.(Wimberly, Travis) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Landry Distilling, Inc., filed.(Wimberly, Travis) |
| Filing 1 NOTICE OF REMOVAL from 190th Judicial District, Harris County District Court, case number 2023-20455 (Filing fee $ 402 receipt number ATXSDC-29721726) filed by Landry Reserve, LLC, Landry Distillery LLC, Landry Distilling, Inc., Lowell Zachary Landry, Landry Oaks, LLC. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Civil Cover Sheet)(Wimberly, Travis) |
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