Laboratorios Pisa S.A. et al v. PepsiCo, Inc. et al
| CAB Enterprises, Inc. and Laboratorios Pisa S.A. |
| Stokley-Van Camp, Inc. and PepsiCo, Inc. |
| 7:2021cv00062 |
| February 18, 2021 |
| US District Court for the Southern District of Texas |
| Micaela Alvarez |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.
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| AO 435 TRANSCRIPT REQUEST by Timothy S. Durst for Transcript of INJUCTION HEARNG held on 2/26/21 held before Judge Micalea Alvarez. Daily (24 hours) turnaround requested. Transcriber: Judicial Transcribers of Texas, filed. (rirodriguez, 7) |
| AO 435 TRANSCRIPT REQUEST by Sam Bragg for Transcript of INJUCTION HEARING held on 2/26/21 before Judge Micaeal Alvarez. Daily (24 hours) turnaround requested. Transcriber: Judicial Transcribers of Texas, filed. (rirodriguez, 7) |
Filing 41
ORDER re #40 Joint Stipulation,, Case terminated on 03/10/21(Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)
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| Filing 40 STIPULATION re: ***JOINT STIPULATION TO WITHDRAW PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER, ORDER TO DISSOLVE THE FEBRUARY 27, 2021 TEMPORARY RESTRAINING ORDER, AND PROPOSED ORDER OF DISMISSAL WITH PREJUDICE*** by PepsiCo, Inc., Stokley-Van Camp, Inc., filed.(Durst, Timothy) |
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Filing 39
Order of USCA; Judgment issued as mandate 3/8/2021 re: #19 Notice of Appeal ; USCA No. 21-40116 and 21-40117, filed. (Attachments: #1 letter, #2 letter)(kanelson, 7)
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| Filing 38 NOTICE of $150,000 Bond Filed Pursuant to Temporary Restraining Order by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. (Bragg, Samuel) |
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Filing 37
ORDER granting #33 Motion for Neal McLaughlin to Appear Pro Hac Vice.(Signed by Judge Micaela Alvarez) Parties notified.(kanelson, 7)
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| Filing 36 TRANSCRIPT re: Hearing on the Motion for Temporary Restraining Order (Via Zoom) held on February 26, 2021 before Judge Micaela Alvarez. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Timothy S. Durst Release of Transcript Restriction set for 6/1/2021., filed. (mahenry, ) |
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Filing 35
TEMPORARY RESTRAINING ORDER (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)
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**CONTINUATION OF #35 TEMPORARY RESTRAINING ORDER Motion for Preliminary Injunction Hearing set for 3/12/2021 at 10:30 AM before Judge Micaela Alvarez (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)
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| Filing 34 AO 435 TRANSCRIPT REQUEST by Sam Bragg for Transcript of Injunction Hearing on 2/26/2021 before Judge Alvarez. Hourly turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Bragg, Samuel) |
| Filing 33 MOTION for Neal McLaughlin to Appear Pro Hac Vice by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. Motion Docket Date 3/19/2021. (Bragg, Samuel) |
| Filing 32 NOTICE ***NOTICE OF FILING*** by PepsiCo, Inc., Stokley-Van Camp, Inc., filed. (Attachments: #1 Exhibit A - Demonstrative)(Durst, Timothy) |
| Filing 31 AO 435 TRANSCRIPT REQUEST by Defendants/Timothy S. Durst for Transcript of TRO/Injunction Hearing before Judge M. Alvarez at 9:00 a.m., February 26, 2021. Hourly turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Durst, Timothy) |
| Minute Entry for proceedings held before Judge Micaela Alvarez. HEARING held on 2/26/2021. Paul Tanck, counsel for Plaintiffs, and Timothy Durst, Edward Michael Rodriguez, and Paul J. Reilly, counsel for Defendants, appeared before the Court for a hearing regarding Plaintiffs' motion for a temporary restraining order. The parties submitted as evidence the documents filed in the record and presented their arguments. The Court considered the parties arguments and will issue a decision as soon as possible. Appearances:Paul Tanck / Timothy Durst, Paul Reilly, Edward Rodriguez (ERO: Xavier Avalos [9:58-11:50])., filed.(JulieSanchez, ak 7) |
| Filing 30 REPLY in Support of #20 Opposed EMERGENCY MOTION MOTION for Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction Hearing, filed by CAB Enterprises, Inc., Laboratorios Pisa S.A.. (Attachments: #1 Proposed Order Granting Preliminary Injunction)(Bragg, Samuel) |
| Filing 29 RESPONSE to #28 Reply to Order, filed by CAB Enterprises, Inc., Laboratorios Pisa S.A.. (Bragg, Samuel) |
| Filing 28 REPLY to #26 Order , filed by PepsiCo, Inc., Stokley-Van Camp, Inc.. (Rodriguez, Edward) |
| Filing 27 SEALED RESPONSE ***MEMORANDUM IN OPPOSITION TO PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION*** re: #20 Opposed EMERGENCY MOTION MOTION for Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction Hearing by PepsiCo, Inc., Stokley-Van Camp, Inc., filed. (Attachments: #1 Proposed Order, #2 Exhibit McBride Declaration, #3 Exhibit Johnson Declaration, #4 Exhibit Johnson Ex. A, #5 Exhibit Braff Declaration, #6 Exhibit Braff Ex. A, #7 Exhibit Braff Ex. B, #8 Exhibit Braff Ex. C, #9 Exhibit Braff Ex. D, #10 Exhibit Albert Declaration, #11 Exhibit Albert Ex. A, #12 Exhibit Albert Ex. B, #13 Exhibit Albert Ex. C, #14 Exhibit Albert Ex. D, #15 Exhibit Albert Ex. E, #16 Exhibit Albert Ex. F, #17 Exhibit Albert Ex. G, #18 Exhibit Albert Ex. H, #19 Exhibit Albert Ex. I, #20 Exhibit Albert Ex. J, #21 Exhibit Albert Ex. K, #22 Exhibit Albert Ex. L, #23 Exhibit Albert Ex. M, #24 Exhibit Albert Ex. N, #25 Exhibit Albert Ex. O, #26 Exhibit Albert Ex. P, #27 Exhibit Albert Ex. Q, #28 Exhibit Albert Ex. R, #29 Exhibit Albert Ex. S, #30 Exhibit Albert Ex. T, #31 Exhibit Albert Ex. U, #32 Exhibit Albert Ex. V, #33 Exhibit Albert Ex. W, #34 Exhibit Albert Ex. X, #35 Exhibit Albert Ex. Y, #36 Exhibit Albert Ex. Z) (Durst, Timothy) |
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Filing 26
ORDER (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)
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| Filing 25 NOTICE of Appearance by Eduard Michael Rodriguez on behalf of PepsiCo, Inc., Stokley-Van Camp, Inc., filed. (Rodriguez, Edward) |
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Filing 24
ORDER granting #4 Motion for Greg Carbo to Appear Pro Hac Vice.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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Filing 23
ORDER granting #3 Motion for Paul Tanck to Appear Pro Hac Vice.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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Filing 22
ORDER. The Court hereby STAYS the temporary restraining order entered on February 19, 2021. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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| Filing 20 Opposed EMERGENCY MOTION, MOTION for Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction Hearing ( Motion Docket Date 3/15/2021.) by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. (Attachments: #1 Exhibit Ex. 1 - Fifth Circuit Ruling, #2 Proposed Order PO Granting Emergency Hearing)(Bragg, Samuel) |
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Filing 21
Order of USCA; Judgment issued as mandate 2/21/2021 re: #19 Notice of Appeal ; USCA No. 21-40117, filed. (Attachments: #1 Letter)(JenniferNogueira, 7)
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| Filing 19 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #16 Temporary Restraining Order by PepsiCo, Inc., Stokley-Van Camp, Inc. (Filing fee $ 505, receipt number 0541-25989143), filed.(Durst, Timothy) |
| Filing 18 SEALED MOTION ***DEFENDANTS' MOTION TO DISSOLVE THE TEMPORARY RESTRAINING ORDER OR ALTERNATIVELY STAY THE TRO*** by PepsiCo, Inc., Stokley-Van Camp, Inc., filed. (Attachments: #1 Exhibit Declaration of Tameka McBride, #2 Exhibit Declaration of Timothy S. Durst, #3 Exhibit Durst Declaration Ex. 1, #4 Exhibit Durst Declaration Ex. 2, #5 Exhibit Durst Declaration Ex. 3, #6 Exhibit Durst Declaration Ex. 4, #7 Proposed Order) (Durst, Timothy) |
| Filing 17 OBJECTIONS ***DEFENDANTS' OBJECTIONS TO PLAINTIFFS' TEMPORARY RESTRAINING ORDER EVIDENCE***, filed by PepsiCo, Inc., Stokley-Van Camp, Inc.. (Durst, Timothy) |
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Filing 16
TEMPORARY RESTRAINING ORDER(Signed by Judge Micaela Alvarez) Parties notified.(kanelson, 7)
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| Filing 15 EMERGENCY MOTION, MOTION for Temporary Restraining Order Hearing re: #2 Opposed MOTION for Temporary Restraining Order ( Motion Docket Date 3/12/2021.) by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. (Attachments: #1 Proposed Order Proposed Order Setting Emergency Hearing)(Bragg, Samuel) |
| Filing 14 Summons Issued as to PepsiCo, Inc., Stokley-Van Camp, Inc.. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons)(JenniferNogueira, 7) |
| Filing 13 Request for Issuance of Summons as to Stokley-Van Camp, Inc., filed.(Bragg, Samuel) |
| Filing 12 Request for Issuance of Summons as to PepsiCo, Inc., filed.(Bragg, Samuel) |
| Filing 11 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JenniferNogueira, 7) |
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Filing 10
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/18/2021 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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CONTINUATION OF DE #16 TEMPORARY RESTRAINING ORDER Injunction Hearing set for 2/26/2021 at 9:00 a.m. before Judge Micaela Alvarez(signed by Judge Micaela Alvarez) Parties notified.(kanelson, 7)
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| Filing 9 Corrected BRIEF In Support re: #2 Opposed MOTION for Temporary Restraining Order by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed.(Bragg, Samuel) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by CAB Enterprises, Inc., filed.(Bragg, Samuel) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Laboratorios Pisa S.A., filed.(Bragg, Samuel) |
| Filing 6 MOTION for Paul Tanck to Appear as Attorney by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. Motion Docket Date 3/11/2021. (Attachments: #1 Proposed Order)(Bragg, Samuel) |
| Filing 5 MOTION for Neal McLaughlin to Appear Pro Hac Vice by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. Motion Docket Date 3/11/2021. (Bragg, Samuel) |
| Filing 4 MOTION for Greg Carbo to Appear Pro Hac Vice by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. Motion Docket Date 3/11/2021. (Bragg, Samuel) |
| Filing 3 MOTION for Paul Tanck to Appear Pro Hac Vice by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. Motion Docket Date 3/11/2021. (Bragg, Samuel) |
| Filing 2 Opposed MOTION for Temporary Restraining Order by CAB Enterprises, Inc., Laboratorios Pisa S.A., filed. Motion Docket Date 3/11/2021. (Attachments: #1 Continuation Memorandum in Support of Motions for TRO and Preliminary Injunction, #2 Exhibit Ochoa Declaration ISO Memorandum, #3 Exhibit Ex. 1 to Ochoa Declaration, #4 Exhibit Ex. 2 to Ochoa Declaration, #5 Proposed Order Proposed Order Granting Hearing, #6 Proposed Order Proposed Order to Show Cause)(Bragg, Samuel) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-25981974) filed by Laboratorios Pisa S.A., CAB Enterprises, Inc.. (Attachments: #1 Exhibit Ex. 1 to Complaint)(Bragg, Samuel) |
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