Rex Real Estate I, L.P. v. Rex Real Estate Exchange Inc.
Plaintiff: Rex Real Estate I, L.P.
Defendant: Rex Real Estate Exchange Inc.
Not Classified By Court: Louis T. Pirkey
Case Number: 1:2019cv00696
Filed: July 10, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Andrew W Austin
Referring Judge: Robert Pitman
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2020 Opinion or Order Filing 140 CONTESTED MOTION for Summary Judgment by Rex Real Estate Exchange Inc.. (Attachments: #1 Appendix Vol. 1, #2 Appendix Vol. 2, #3 Appendix Vol. 3, #4 Appendix Vol. 4, #5 Appendix Vol. 5). Motions referred to Judge Andrew W. Austin. (Filed this date per AA Chambers)(dm)
January 8, 2020 Opinion or Order Filing 139 AMENDED MOTION for Summary Judgment by Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41). Motions referred to Judge Andrew W. Austin. (Filed this date per AA chambers)(dm)
January 8, 2020 Opinion or Order Filing 138 ORDER REFERRING CASE to Magistrate Judge Andrew W. Austin, ( Jury Trial reset for 5/11/2020 at 09:00 AM before Judge Robert Pitman,). Signed by Judge Robert Pitman.. Referral Magistrate Judge: Andrew W. Austin. (dm)
January 3, 2020 Opinion or Order Filing 137 ORDER DENYING #107 Motion to Keep Documents Under Seal; DENYING #110 Motion to Seal; DENYING #116 Motion to Seal; DENYING #134 Motion to Seal Exhibit. Signed by Judge Robert Pitman. (dm)
December 17, 2019 Opinion or Order Filing 136 RESPONSE in Support, filed by Rex Real Estate Exchange Inc., re #129 Agreed MOTION for Extension of Time to File Response/Reply as to #124 MOTION to Strike Exhibit 3 to #118 Plaintiff's Response to Defendant's MSJ, #120 MOTION to Exclude Testimony by Dr. Jeffrey Stec filed by Plaintiff Rex Real Estate I, L.P., #124 MOTION to Strike Exhibit 3 to #118 Plaintiff's Response to Defendant's MSJ filed by Defendant Rex Real Estate Exchange Inc. (Attachments: #1 2019-12-17 Tsai Declaration re Motion to Strike, #2 Tsai Declaration Exhibit 2, #3 Tsai Declaration Exhibit 3)(Bal, Colleen)
December 16, 2019 Opinion or Order Filing 135 REPLY to Response to Motion, filed by Rex Real Estate Exchange Inc., re #120 MOTION to Exclude Testimony by Dr. Jeffrey Stec filed by Defendant Rex Real Estate Exchange Inc. (Flynn, John)
December 11, 2019 Opinion or Order Filing 134 Unopposed MOTION To Seal Exhibit re #133 Response in Opposition to Motion,, by Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order, #2 Exhibit 2 (redacted))(Phipps, Charles)
December 10, 2019 Opinion or Order Filing 133 Response in Opposition to Motion, filed by Rex Real Estate I, L.P., re #124 MOTION to Strike Exhibit 3 to #118 Plaintiff's Response to Defendant's MSJ filed by Defendant Rex Real Estate Exchange Inc. (Attachments: #1 Exhibit 1 (Deft Supp Initial Disclosures), #2 Exhibit 2 (Deft Am Rog Responses), #3 Exhibit 3 (Deft Am Supp Initial Disclosures), #4 Exhibit 4 (Plff Am Supp Initial Disclosures), #5 Exhibit 5 (Stec Supp List of Materials), #6 Proposed Order)(Phipps, Charles)
December 9, 2019 Opinion or Order Filing 132 SUPPLEMENT to #131 Response in Opposition to Motion, to Exclude Testimony by Dr. Stec by Rex Real Estate I, L.P.. (Attachments: #1 Exhibit)(Phipps, Charles)
December 9, 2019 Opinion or Order Filing 131 Response in Opposition to Motion, filed by Rex Real Estate I, L.P., re #120 MOTION to Exclude Testimony by Dr. Jeffrey Stec filed by Defendant Rex Real Estate Exchange Inc. (Attachments: #1 Proposed Order)(Phipps, Charles)
December 9, 2019 Opinion or Order Filing 130 Response in Opposition to Motion, filed by Rex Real Estate I, L.P., re #101 Unopposed Motion for leave to File Sealed Document filed by Defendant Rex Real Estate Exchange Inc. re Summary Judgment (Phipps, Charles)
December 3, 2019 Opinion or Order Text Order GRANTING #129 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. Plaintiff shall file its response to Defendant's Motion to Exclude Testimony of Dr. Jeffrey Stec on or before December 9, 2019 and shall file its response to Defendant's Motion to Strike Exhibit 3 declarations submitted with Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment on or before December 10, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
December 2, 2019 Opinion or Order Filing 129 Agreed MOTION for Extension of Time to File Response/Reply as to #124 MOTION to Strike Exhibit 3 to #118 Plaintiff's Response to Defendant's MSJ, #120 MOTION to Exclude Testimony by Dr. Jeffrey Stec by Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order)(Phipps, Charles)
December 2, 2019 Opinion or Order Filing 128 ORDER, ( Final Pretrial Conference set for 2/11/2020 at 09:30 AM before Judge Robert Pitman,). Signed by Judge Robert Pitman. (dm)
November 26, 2019 Opinion or Order Filing 141 Sealed Response to #140 Contested Motion for Summary Judgment. (Attachments: #1 Exhibit 3A, #2 Exhibit 3B, #3 Exhibit 3C, #4 Exhibit 3D, #5 Exhibit 3E, #6 Exhibit 3F, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 15, #11 Exhibit 19, #12 Exhibit 22, #13 Exhibit 25) (dm)
November 26, 2019 Opinion or Order Filing 127 ORDER re #102 Motion for leave to File Sealed Document filed by Rex Real Estate I, L.P., #100 Unopposed Motion for leave to File Sealed Document filed by Rex Real Estate I, L.P., #101 Unopposed Motion for leave to File Sealed Document filed by Rex Real Estate Exchange Inc.. Signed by Judge Robert Pitman. (dm)
November 26, 2019 Opinion or Order Filing 126 Sealed Response to #140 Motion for Summary Judgment. (Exhibits contained in #118). (dm) Modified on 1/16/2020 (dm).
November 26, 2019 Opinion or Order MOTION REFERRED: referred #120 MOTION to Exclude Testimony by Dr. Jeffrey Stec. Referral Judge: Andrew W. Austin. (dm)
November 26, 2019 Opinion or Order Filing 125 REPLY in Further Support, filed by Rex Real Estate Exchange Inc., re #140 Contested Motion for Summary Judgment (Attachments: #1 Declaration of Shelby Pasarell Tsai, #2 Exhibit 91, #3 Exhibit 92)(Bal, Colleen) Modified on 1/15/2020 to correct text (dm).
November 26, 2019 Opinion or Order Filing 124 MOTION to Strike Exhibit 3 to #118 Plaintiff's Response to Defendant's MSJ by Rex Real Estate Exchange Inc.. (Attachments: #1 Declaration of Shelby Pasarell Tsai, #2 Exhibit 1, #3 Proposed Order)(Bal, Colleen)
November 26, 2019 Opinion or Order Filing 123 REPLY in Support, filed by Rex Real Estate I, L.P., re #139 Amended Motion for Summary Judgment filed by Plaintiff Rex Real Estate I, L.P. (Phipps, Charles) Modified on 1/15/2020 to correct docket text and link (dm).
November 26, 2019 Opinion or Order Text Order GRANTING #121 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file Defendant's unredacted Motion to Exclude Testimony and accompanying exhibits 1, 2, 3, 4, 5, 6, 7, and 8 under seal. IT IS FURTHER ORDERED that the exhibits are considered filed at Dkt. 121. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
November 26, 2019 Opinion or Order Text Order GRANTING #118 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file Plaintiff's Response to Defendant's Motion for Summary Judgment as well as Exhibits 3, 4, 5, 6, 15, 19, 22, and 25 under seal. IT IS FURTHER ORDERED that the exhibits are considered filed at Dkt. 118. IT IS FURTHER ORDERED that Plaintiffs shall file an unsealed, redacted version of its Response to Defendant's Motion for Summary Judgment on or before December 9, 2019. There is no need to file redacted exhibits. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
November 26, 2019 Opinion or Order Text Order REFERRING #120 Motion to exclude entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Exclude Testimony, (Dkt. 120), is REFERRED to United States Magistrate Judge Andrew Austin for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
November 25, 2019 Opinion or Order Filing 122 Motion for leave to File Sealed Document (Attachments: #1 Corrected Certificate of Service) (Tsai, Shelby)
November 25, 2019 Opinion or Order Filing 121 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Ex. 1, #2 Sealed Document Ex. 2, #3 Sealed Document Ex. 3, #4 Sealed Document Ex. 4, #5 Sealed Document Ex. 5, #6 Sealed Document Ex. 6, #7 Sealed Document Ex. 7, #8 Sealed Document Ex. 8, #9 Proposed Order) (Tsai, Shelby)
November 25, 2019 Opinion or Order Filing 120 MOTION to Exclude Testimony by Dr. Jeffrey Stec by Rex Real Estate Exchange Inc.. (Attachments: #1 Declaration of Shelby Tsai, #2 Exhibit 1 (Sought to be filed under seal), #3 Exhibit 2 (Sought to be filed under seal), #4 Exhibit 3 (Redacted), #5 Exhibit 4 (Sought to be filed under seal), #6 Exhibit 5 (Redacted), #7 Exhibit 6 (Redacted), #8 Exhibit 7 (Redacted), #9 Exhibit 8 (Sought to be filed under seal), #10 Exhibit 9, #11 Proposed Order)(Flynn, John)
November 15, 2019 Opinion or Order Filing 119 RESPONSE in Support, filed by Rex Real Estate Exchange Inc., re #118 Motion for leave to File Sealed Document filed by Plaintiff Rex Real Estate I, L.P. (Attachments: #1 Proposed Order)(Tsai, Shelby)
November 12, 2019 Opinion or Order Filing 118 Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document, #3 Sealed Document, #4 Sealed Document, #5 Sealed Document, #6 Sealed Document, #7 Sealed Document, #8 Sealed Document, #9 Sealed Document, #10 Sealed Document, #11 Sealed Document, #12 Sealed Document, #13 Sealed Document, #14 Sealed Document, #15 Sealed Document, #16 Sealed Document, #17 Sealed Document, #18 Sealed Document, #19 Sealed Document, #20 Sealed Document, #21 Sealed Document, #22 Sealed Document, #23 Sealed Document, #24 Sealed Document, #25 Sealed Document, #26 Sealed Document, #27 Sealed Document, #28 Sealed Document, #29 Sealed Document, #30 Sealed Document, #31 Sealed Document, #32 Sealed Document, #33 Sealed Document, #34 Sealed Document, #35 Sealed Document, #36 Sealed Document, #37 Sealed Document, #38 Sealed Document, #39 Sealed Document, #40 Sealed Document) (Phipps, Charles)
November 12, 2019 Opinion or Order Filing 117 Response in Opposition to Motion, filed by Rex Real Estate Exchange Inc., re #139 Amended Motion for Summary Judgment by Plaintiff Rex Real Estate I, L.P. (Attachments: #1 Appendix Vol. VI, #2 Appendix Vol. VII, #3 Appendix Vol. VIII, #4 Appendix Vol. IX)(Bal, Colleen) Modified on 1/15/2020 to correct link (dm).
November 7, 2019 Opinion or Order Filing 116 Unopposed MOTION to Seal Docket No. 107-9 (Ex. 12) re #107 MOTION TO KEEP DOCUMENTS UNDER SEAL re #103 Order on Motion for Leave to File Sealed Document,, by Rex Real Estate Exchange Inc.. (Attachments: #1 Proposed Order)(Allen, Aden)
November 6, 2019 Opinion or Order Filing 115 ORDER GRANTING #114 Motion to Withdraw as Attorney. Signed by Judge Robert Pitman. (dm)
November 5, 2019 Opinion or Order Filing 114 Unopposed MOTION to Withdraw as Attorney Eric H. Findlay and Brian Craft by Rex Real Estate Exchange Inc.. (Attachments: #1 Proposed Order)(Findlay, Eric)
November 4, 2019 Opinion or Order Filing 113 RESPONSE in Support, filed by Rex Real Estate I, L.P., re #100 Unopposed Motion for leave to File Sealed Document filed by Plaintiff Rex Real Estate I, L.P. (Phipps, Charles)
November 4, 2019 Opinion or Order Filing 112 SUPPLEMENT to #107 MOTION TO KEEP DOCUMENTS UNDER SEAL re #103 Order on Motion for Leave to File Sealed Document,, by Rex Real Estate I, L.P.. (Attachments: #1 Exhibit 5, #2 Exhibit 12, #3 Exhibit 16, #4 Exhibit 34, #5 Exhibit 37, #6 Exhibit 38)(Phipps, Charles)
November 4, 2019 Opinion or Order Filing 111 NOTICE of Attorney Appearance by Aden M. Allen on behalf of Rex Real Estate Exchange Inc.. Attorney Aden M. Allen added to party Rex Real Estate Exchange Inc.(pty:dft) (Allen, Aden)
November 1, 2019 Opinion or Order Filing 110 MOTION to Seal re #103 Order on Motion for Leave to File Sealed Document,, by Rex Real Estate Exchange Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit B - Part 4, #6 Exhibit B - Part 5, #7 Exhibit B - Part 6, #8 Exhibit B - Part 7, #9 Proposed Order)(Tsai, Shelby)
November 1, 2019 Opinion or Order Filing 109 Joint MOTION for Protective Order by Rex Real Estate Exchange Inc.. (Attachments: #1 Proposed Order)(Tsai, Shelby)
November 1, 2019 Opinion or Order Filing 108 SUPPLEMENT to #107 MOTION TO KEEP DOCUMENTS UNDER SEAL re #103 Order on Motion for Leave to File Sealed Document,, by Rex Real Estate I, L.P.. (Attachments: #1 Exhibit 28 (redacted))(Phipps, Charles)
November 1, 2019 Opinion or Order Filing 107 MOTION TO KEEP DOCUMENTS UNDER SEAL re #103 Order on Motion for Leave to File Sealed Document,, by Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order, #2 Supplement Redacted Amended MSJ, #3 Exhibit A (redacted), #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 24, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 14, #11 Exhibit 17, #12 Exhibit 26, #13 Exhibit 27, #14 Exhibit 30)(Phipps, Charles)
October 29, 2019 Opinion or Order Filing 106 CERTIFICATE OF SERVICE by Rex Real Estate Exchange Inc. SUPPLEMENTAL (by U.S. mail) #104 Response in Opposition to Motion, (Tsai, Shelby)
October 29, 2019 Opinion or Order Filing 105 CERTIFICATE OF SERVICE by Rex Real Estate Exchange Inc. #104 Response in Opposition to Motion, (Attachments: #1 Supplemental Certificate of Service)(Bal, Colleen)
October 29, 2019 Opinion or Order Notice of Correction: re #105 Certificate of Service. ***PLEASE NOTE: Pleading was filed in error, please disregard. Corrected document to be filed. (dm)
October 28, 2019 Opinion or Order Filing 104 Response in Opposition to Motion, filed by Rex Real Estate Exchange Inc., re #100 Unopposed Motion for leave to File Sealed Document (Motion to Strike) filed by Defendant Rex Real Estate Exchange Inc. (Attachments: #1 Proposed Order)(Bal, Colleen) Modified on 10/29/2019 (dm).
October 25, 2019 Opinion or Order Filing 103 ORDER DENYING #100 Motion for Leave to File Sealed Document; DENYING #101 Motion for Leave to File Sealed Document; DENYING #102 Motion for Leave to File Sealed Document. Signed by Judge Robert Pitman. (dm)
October 21, 2019 Opinion or Order Filing 102 Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document, #3 Sealed Document, #4 Sealed Document, #5 Sealed Document, #6 Sealed Document, #7 Sealed Document, #8 Sealed Document, #9 Sealed Document, #10 Sealed Document, #11 Sealed Document, #12 Sealed Document, #13 Sealed Document, #14 Sealed Document, #15 Sealed Document, #16 Sealed Document, #17 Sealed Document, #18 Sealed Document, #19 Sealed Document, #20 Sealed Document, #21 Sealed Document, #22 Sealed Document, #23 Sealed Document, #24 Sealed Document, #25 Sealed Document, #26 Sealed Document, #27 Sealed Document, #28 Sealed Document, #29 Sealed Document, #30 Sealed Document, #31 Sealed Document, #32 Sealed Document, #33 Sealed Document, #34 Sealed Document, #35 Sealed Document, #36 Sealed Document, #37 Sealed Document, #38 Sealed Document, #39 Sealed Document, #40 Sealed Document, #41 Sealed Document, #42 Sealed Document, #43 Sealed Document, #44 Sealed Document) (Phipps, Charles)
October 21, 2019 Opinion or Order Filing 101 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document Contested MSJ, #3 Sealed Document Appendix Vol. I, #4 Sealed Document Appendix Vol. II, #5 Sealed Document Appendix Vol. III, #6 Sealed Document Appendix Vol. IV, #7 Sealed Document Appendix Vol V) (Tsai, Shelby)
October 21, 2019 Opinion or Order Filing 100 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Motion to Strike, #2 Sealed Document Ex. A to Motion to Strike, #3 Sealed Document Ex. B to Motion to Strike, #4 Proposed Order on Motion to Strike, #5 Proposed Order on Motion to File Under Seal) (Thomason, Joel)
October 16, 2019 Opinion or Order Filing 99 Proposed Scheduling Order re: Joint Motion For Proposed Summary Judgment Briefing Schedule by Rex Real Estate Exchange Inc.. (Attachments: #1 Proposed Order)(Tsai, Shelby)
October 7, 2019 Opinion or Order Filing 98 ORDER GRANTING #97 Motion to Withdraw as Attorney. Signed by Judge Robert Pitman. (dm)
October 4, 2019 Opinion or Order Filing 97 MOTION to Withdraw as Attorney Jordan Evans Kass as Co-Counsel by Rex Real Estate Exchange Inc.. (Attachments: #1 Proposed Order)(Tsai, Shelby)
October 1, 2019 Opinion or Order Filing 96 CERTIFICATE OF SERVICE by Rex Real Estate Exchange Inc. #93 Deficiency Notice, #92 Agreed MOTION for Extension of Time to File Response/Reply as to #91 Unopposed Motion for leave to File Sealed Document to Plaintiff's Motion for Summary Judgment (Tsai, Shelby)
October 1, 2019 Opinion or Order Filing 95 SCHEDULING ORDER: Jury Trial set for 2/24/2020 at 09:00 AM before Judge Robert Pitman, Discovery due by 10/10/2019, Motions due by 11/21/2019,. Signed by Judge Robert Pitman. (dm)
October 1, 2019 Opinion or Order Filing 94 Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held on 10/1/2019 (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(dm)
October 1, 2019 Opinion or Order Filing 93 DEFICIENCY NOTICE: re #92 Agreed MOTION for Extension of Time to File Response/Reply as to #91 Unopposed Motion for leave to File Sealed Document to Plaintiff's Motion for Summary Judgment (dm)
October 1, 2019 Opinion or Order Text Order GRANTING #92 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. Defendant shall file a response to Plaintiffs motion for summary judgment on or before October 21, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
September 30, 2019 Opinion or Order Filing 92 Agreed MOTION for Extension of Time to File Response/Reply as to #91 Unopposed Motion for leave to File Sealed Document to Plaintiff's Motion for Summary Judgment by Rex Real Estate Exchange Inc.. (Attachments: #1 Proposed Order)(Tsai, Shelby)
September 23, 2019 Opinion or Order Filing 91 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document Plaintiffs Motion for Summary Judgment, #3 Sealed Document Proposed Order Granting MSJ, #4 Sealed Document Exhibit 1, #5 Sealed Document Exhibit 2, #6 Sealed Document Exhibit 3, #7 Sealed Document Exhibit 4, #8 Sealed Document Exhibit 5, #9 Sealed Document Exhibit 6, #10 Sealed Document Exhibit 7, #11 Sealed Document Exhibit 8, #12 Sealed Document Exhibit 9, #13 Sealed Document Exhibit 10, #14 Sealed Document Exhibit 11, #15 Sealed Document Exhibit 12, #16 Sealed Document Exhibit 13, #17 Sealed Document Exhibit 14, #18 Sealed Document Exhibit 15, #19 Sealed Document Exhibit 16, #20 Sealed Document Exhibit 17, #21 Sealed Document Exhibit 18, #22 Sealed Document Exhibit 19, #23 Sealed Document Exhibit 20, #24 Sealed Document Exhibit 21, #25 Sealed Document Exhibit 22, #26 Sealed Document Exhibit 23, #27 Sealed Document Exhibit 24, #28 Sealed Document Exhibit 25, #29 Sealed Document Exhibit 26, #30 Sealed Document Exhibit 27, #31 Sealed Document Exhibit 28, #32 Sealed Document Exhibit 29, #33 Sealed Document Exhibit 30, #34 Sealed Document Exhibit 31, #35 Sealed Document Exhibit 32, #36 Sealed Document Exhibit 33, #37 Sealed Document Exhibit 34, #38 Sealed Document Exhibit 35, #39 Sealed Document Exhibit 36) (Phipps, Charles)
September 19, 2019 Opinion or Order Filing 90 REPLY to Response to Motion, filed by Rex Real Estate Exchange Inc., re #86 Sealed Motion filed filed by Defendant Rex Real Estate Exchange Inc. (Attachments: #1 Supplemental Declaration of Shelby Pasarell Tsai in Support of Motion to Compel, #2 Declaration of Scott Lonardo in Support of Motion to Compel)(Tsai, Shelby)
September 19, 2019 Opinion or Order Filing 89 ORDER, ( Initial Pretrial Conference set for 10/1/2019 at 10:00 AM before Judge Robert Pitman,). Signed by Judge Robert Pitman. (dm)
September 19, 2019 Opinion or Order MOTION REFERRED: referred #86 Sealed Motion filed. Referral Judge: Andrew W. Austin. (dm)
September 19, 2019 Opinion or Order Text Order REFERRING #86 Sealed Motion entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Compel, (Dkt. 86), is REFERRED to United States Magistrate Judge Andrew Austin for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
September 18, 2019 Opinion or Order Filing 88 NOTICE AND JOINT SUBMISSION IN RESPONSE TO ORDER by Rex Real Estate I, L.P. re #85 Order for Scheduling Recommendations/Proposed Scheduling Order (Attachments: #1 Proposed Order)(Phipps, Charles)
September 18, 2019 Opinion or Order Filing 85 Order for Joint Proposed Scheduling Order. Joint Proposed Scheduling Order due by 9/25/2019. Signed by Judge Robert Pitman. (dm)
September 17, 2019 Opinion or Order Filing 87 Sealed Response to #86 Motion to Compel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proposed Order) (dm)
September 17, 2019 Opinion or Order Filing 86 Sealed Contested Motion to Compel filed by Rex Real Estate Exchange Inc., (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (dm)
September 17, 2019 Opinion or Order Text Order GRANTING #79 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Compel be filed under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
September 17, 2019 Opinion or Order Text Order GRANTING #83 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Response to Defendant's Motion to Compel be filed under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
September 13, 2019 Opinion or Order Filing 84 NOTICE Concerning Reference to United States Magistrate Judge by Rex Real Estate I, L.P. re #81 Response (Phipps, Charles)
September 12, 2019 Opinion or Order Filing 83 Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document, #3 Sealed Document, #4 Sealed Document, #5 Sealed Document, #6 Sealed Document, #7 Sealed Document, #8 Sealed Document, #9 Sealed Document, #10 Sealed Document, #11 Sealed Document, #12 Sealed Document, #13 Sealed Document) (Phipps, Charles)
September 10, 2019 Opinion or Order Filing 82 NON-CONSENT to Trial by US Magistrate Judge by Rex Real Estate Exchange Inc.. (Tsai, Shelby)
September 9, 2019 Opinion or Order Text Order GRANTING #80 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. Plaintiff's deadline to respond to Defendant's motion to compel is extended to and includes September 12, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)
September 6, 2019 Opinion or Order Filing 81 RESPONSE to #78 Order for Scheduling Recommendations/Proposed Scheduling Order by Rex Real Estate I, L.P.. (Phipps, Charles)
September 5, 2019 Opinion or Order Filing 80 Agreed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Compel by Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order)(Foster, Benjamin)
August 29, 2019 Opinion or Order Filing 79 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order Granting Motion to Seal, #2 Sealed Document Motion to Compel, #3 Sealed Document Declaration of Shelby Pasarell Tsai, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Proposed Order Granting Motion to Compel) (Tsai, Shelby)
August 22, 2019 Opinion or Order Filing 78 Order for Joint Scheduling Recommendations/Proposed Scheduling Order due by 9/6/2019. Signed by Judge Robert Pitman. (lt)
August 22, 2019 Opinion or Order Filing 77 NOTICE of Attorney Appearance by Benjamin David Lee Foster on behalf of Rex Real Estate I, L.P.. Attorney Benjamin David Lee Foster added to party Rex Real Estate I, L.P.(pty:pla) (Foster, Benjamin)
August 2, 2019 Opinion or Order Filing 76 ORDER GRANTING #73 Motion to Substitute Attorney; GRANTING #73 Motion to Withdraw as Attorney. Signed by Judge Robert Pitman. (dm)
July 25, 2019 Opinion or Order Filing 75 RULE 7 DISCLOSURE STATEMENT filed by Rex Real Estate Exchange Inc.. (Bal, Colleen)
July 24, 2019 Opinion or Order Filing 74 CERTIFICATE OF SERVICE by Rex Real Estate Exchange Inc. Amended #72 Deficiency Notice, #71 Answer to Complaint (Bal, Colleen)
July 24, 2019 Opinion or Order Filing 73 MOTION to Substitute Attorney Robert E. Nail, MOTION to Withdraw as Attorney Sarah Shawn Williamson by Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order)(Phipps, Charles)
July 24, 2019 Opinion or Order Filing 72 DEFICIENCY NOTICE: re #71 Answer to Complaint (dm)
July 24, 2019 Opinion or Order Filing 71 ANSWER to #1 Complaint, with Jury Demand by Rex Real Estate Exchange Inc..(Bal, Colleen)
July 23, 2019 Opinion or Order Filing 70 ORDER GRANTING #67 Motion to Appear Pro Hac Vice as to Daniel A. Solitro. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 23, 2019 Opinion or Order Filing 69 ORDER GRANTING #66 Motion to Appear Pro Hac Vice as to Robert E. Nail. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 23, 2019 Opinion or Order Filing 68 ORDER GRANTING #65 Motion to Appear Pro Hac Vice as to Mark R. Backofen. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 19, 2019 Opinion or Order MOTION REFERRED: referred #36 Motion to Strike.. Referral Judge: Andrew W. Austin. (dm)
July 19, 2019 Opinion or Order Text Order REFERRING #36 Motion to Strike entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Strike, (Dkt. 36), is REFERRED to United States Magistrate Judge Austin for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dg)
July 17, 2019 Opinion or Order Filing 67 MOTION to Appear Pro Hac Vice by Charles E. Phipps on Behalf of Daniel A. Solitro ( Filing fee $ 100 receipt number 0542-12359080) by on behalf of Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order)(Phipps, Charles)
July 17, 2019 Opinion or Order Filing 66 MOTION to Appear Pro Hac Vice by Charles E. Phipps on behalf of Robert E. Nail ( Filing fee $ 100 receipt number 0542-12359060) by on behalf of Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order)(Phipps, Charles)
July 17, 2019 Opinion or Order Filing 65 MOTION to Appear Pro Hac Vice by Charles E. Phipps on Behalf of Mark R. Backofen ( Filing fee $ 100 receipt number 0542-12359020) by on behalf of Rex Real Estate I, L.P.. (Attachments: #1 Proposed Order)(Phipps, Charles)
July 15, 2019 Opinion or Order Filing 64 ORDER GRANTING #58 Motion to Appear Pro Hac Vice as to Shelby Pasarell Tsai. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 15, 2019 Opinion or Order Filing 63 ORDER GRANTING #57 Motion to Appear Pro Hac Vice as to Colleen Bal. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 15, 2019 Opinion or Order Filing 62 ORDER GRANTING #56 Motion to Appear Pro Hac Vice as to Jordan Evans Kass. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 15, 2019 Opinion or Order Filing 61 ORDER GRANTING #55 Motion to Appear Pro Hac Vice as to John P. Flynn. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 15, 2019 Opinion or Order Filing 60 ORDER GRANTING #54 Motion to Appear Pro Hac Vice as to Scott Lonardo. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 15, 2019 Opinion or Order Filing 59 ORDER GRANTING #53 Motion to Appear Pro Hac Vice as to Holly Pranger. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
July 12, 2019 Opinion or Order Filing 58 MOTION to Appear Pro Hac Vice by Eric H. Findlay for Shelby Pasarell Tsai ( Filing fee $ 100 receipt number 0542-12339826) by on behalf of Rex Real Estate Exchange Inc.. (Findlay, Eric)
July 12, 2019 Opinion or Order Filing 57 MOTION to Appear Pro Hac Vice by Eric H. Findlay for Colleen Bal ( Filing fee $ 100 receipt number 0542-12339803) by on behalf of Rex Real Estate Exchange Inc.. (Findlay, Eric)
July 12, 2019 Opinion or Order Filing 56 MOTION to Appear Pro Hac Vice by Eric H. Findlay for Jordan Evans Kass ( Filing fee $ 100 receipt number 0542-12339783) by on behalf of Rex Real Estate Exchange Inc.. (Findlay, Eric)
July 12, 2019 Opinion or Order Filing 55 MOTION to Appear Pro Hac Vice by Eric H. Findlay for John P. Flynn ( Filing fee $ 100 receipt number 0542-12339768) by on behalf of Rex Real Estate Exchange Inc.. (Findlay, Eric)
July 12, 2019 Opinion or Order Filing 54 MOTION to Appear Pro Hac Vice by Eric H. Findlay for Scott Lonardo ( Filing fee $ 100 receipt number 0542-12339667) by on behalf of Rex Real Estate Exchange Inc.. (Findlay, Eric)
July 12, 2019 Opinion or Order Filing 53 MOTION to Appear Pro Hac Vice by Eric H. Findlay for Holly Pranger ( Filing fee $ 100 receipt number 0542-12339641) by on behalf of Rex Real Estate Exchange Inc.. (Findlay, Eric)
July 10, 2019 Opinion or Order Filing 52 Case Transfer and Opening Letter sent to all Counsel. (cj)
July 10, 2019 Opinion or Order Filing 51 Orders Directing Daniel A. Solitro, Mark Richard Backofen, Robert E. Nail, Sarah Shawn Williamson, Colleen Bal, Holly Pranger, John P. Flynn, Jordan Evans Kass, Scott Lonardo, and Shelby Pasarell Tsai to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (cj)
July 10, 2019 Opinion or Order Filing 50 Report on Trademark sent to U.S. Patent and Trademark Office, along with a copy of the Complaint. (cj)
July 10, 2019 Opinion or Order Filing 49 Case electronically transferred in from Eastern District of Texas; Case Number 4:18-cv-00371.
July 10, 2019 Opinion or Order If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin (cj)
July 10, 2019 Opinion or Order Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)
July 10, 2019 Opinion or Order DEMAND for Trial by Jury by Rex Real Estate I, L.P.. (cj)
July 9, 2019 Opinion or Order Interdistrict transfer to the WESTERN District of TEXAS AUSTIN Division. (baf, ) [Transferred from Texas Eastern on 7/10/2019.]
June 19, 2019 Opinion or Order Filing 48 MEMORANDUM OPINION AND ORDER. Defendant Rex Real Estate Exchange, Inc.'s Motion to Dismiss or Transfer for Improper Venue (Dkt. #15 ) is GRANTED and Defendant's Motion for Hearing on the Motion to Dismiss or Transfer (Dkt. #32 ) is DENIED AS MOOT. Accordingly, the case is hereby TRANSFERRED to the Western District of Texas, Austin Division. Signed by District Judge Amos L. Mazzant, III on 6/19/2019. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
June 13, 2019 Opinion or Order Filing 47 NOTICE of Attorney Appearance - Pro Hac Vice by Jordan Evans Kass on behalf of Rex Real Estate Exchange Inc.. Filing fee $ 100, receipt number 0540-7308761. (Kass, Jordan) [Transferred from Texas Eastern on 7/10/2019.]
June 13, 2019 Opinion or Order Filing 46 NOTICE of Attorney Appearance - Pro Hac Vice by Shelby Pasarell Tsai on behalf of Rex Real Estate Exchange Inc.. Filing fee $ 100, receipt number 0540-7308728. (Tsai, Shelby) [Transferred from Texas Eastern on 7/10/2019.]
June 13, 2019 Opinion or Order Filing 45 NOTICE of Attorney Appearance - Pro Hac Vice by John P Flynn on behalf of Rex Real Estate Exchange Inc.. Filing fee $ 100, receipt number 0540-7308716. (Flynn, John) [Transferred from Texas Eastern on 7/10/2019.]
June 13, 2019 Opinion or Order Filing 44 NOTICE of Attorney Appearance - Pro Hac Vice by Colleen Bal on behalf of Rex Real Estate Exchange Inc.. Filing fee $ 100, receipt number 0540-7308699. (Bal, Colleen) [Transferred from Texas Eastern on 7/10/2019.]
June 6, 2019 Opinion or Order Filing 43 SUR-REPLY to Reply to Response to Motion re #34 Opposed SEALED MOTION to Strike Expert Report and Exclude Testimony of Plaintiff's Expert Jeffrey A. Stec, Ph.D. filed by Rex Real Estate I, L.P.. (Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
May 30, 2019 Opinion or Order Filing 42 REPLY to Response to Motion re #34 Opposed SEALED MOTION to Strike Expert Report and Exclude Testimony of Plaintiff's Expert Jeffrey A. Stec, Ph.D. filed by Rex Real Estate Exchange Inc.. (Attachments: #1 Exhibit A)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
May 23, 2019 Opinion or Order Filing 41 SECOND AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 1/6/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 7/3/2019., Jury instructions due by 12/23/2019., Motions due by 7/10/2019., Proposed Pretrial Order due by 12/6/2019. Signed by District Judge Amos L. Mazzant, III on 5/23/2019. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
May 22, 2019 Opinion or Order Filing 40 Joint MOTION to Amend/Correct the First Amended Scheduling Order by Rex Real Estate Exchange Inc.. (Attachments: #1 Text of Proposed Order)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
May 22, 2019 Opinion or Order Filing 39 RESPONSE in Opposition re #34 Opposed SEALED MOTION to Strike Expert Report and Exclude Testimony of Plaintiff's Expert Jeffrey A. Stec, Ph.D. filed by Rex Real Estate I, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
May 16, 2019 Opinion or Order Filing 38 REPORT of Mediation by Louis T Pirkey. Mediation result: Impasse(Pirkey, Louis) [Transferred from Texas Eastern on 7/10/2019.]
May 14, 2019 Opinion or Order Filing 37 RESPONSE in Opposition re #32 Opposed MOTION for Hearing on Motion to Dismiss or Transfer for Improper Venue Pursuant to Rule 12(b)(3) and 28 U.S.C. 1406 or, in the Alternative, Transfer Venue Pursuant to 28 U.S.C. 1404 filed by Rex Real Estate I, L.P.. (Attachments: #1 Text of Proposed Order)(Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
May 9, 2019 Opinion or Order Filing 36 REDACTION to #34 Opposed SEALED MOTION to Strike Expert Report and Exclude Testimony of Plaintiff's Expert Jeffrey A. Stec, Ph.D. by Rex Real Estate Exchange Inc.. (Attachments: #1 Exhibit Lonardo 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 Text of Proposed Order)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
May 9, 2019 Opinion or Order Filing 35 ORDER granting #33 Motion to Seal Document. ORDERED, ADJUDGED and DECREED that Defendants Motion, Exhibits, and the Declaration of Scott Lonardo in support of the Motion are hereby sealed. Signed by District Judge Amos L. Mazzant, III on 5/9/2019. (daj, ) [Transferred from Texas Eastern on 7/10/2019.]
May 8, 2019 Opinion or Order Filing 34 Opposed SEALED MOTION to Strike Expert Report and Exclude Testimony of Plaintiff's Expert Jeffrey A. Stec, Ph.D. by Rex Real Estate Exchange Inc.. (Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.] (Additional attachment(s) added on 7/10/2019: # 13 Sealed Motion) (cj). (cj). (Additional attachment(s) added on 7/10/2019: #1 Exhibit Lonardo 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 Text of Proposed Order) (cj).
May 8, 2019 Opinion or Order Filing 33 Unopposed MOTION to Seal Document Defendant's Motion to Strike Expert Report and Exclude Testimony of Plaintiff's Expert Jeffrey A. Stec, Ph.D. and Exhibits Submitted by Rex Real Estate Exchange Inc.. (Attachments: #1 Text of Proposed Order)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
April 30, 2019 Opinion or Order Filing 32 Opposed MOTION for Hearing on Motion to Dismiss or Transfer for Improper Venue Pursuant to Rule 12(b)(3) and 28 U.S.C. 1406 or, in the Alternative, Transfer Venue Pursuant to 28 U.S.C. 1404 by Rex Real Estate Exchange Inc.. (Attachments: #1 Text of Proposed Order)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
April 24, 2019 Opinion or Order Filing 31 FIRST AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 1/6/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 7/3/2019., Jury instructions due by 12/23/2019., Mediation Completion due by 5/17/2019., Motions due by 7/10/2019., Proposed Pretrial Order due by 12/6/2019. Signed by District Judge Amos L. Mazzant, III on 4/24/2019. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
April 23, 2019 Opinion or Order Filing 30 Unopposed MOTION to Amend/Correct Scheduling Order by Rex Real Estate Exchange Inc.. (Attachments: #1 Text of Proposed Order First Amended Scheduling Order)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
April 8, 2019 Opinion or Order Filing 29 ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. By agreement of the parties, the mediator assigned is Louis Pirkey. Signed by District Judge Amos L. Mazzant, III on 4/8/2019. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
April 5, 2019 Opinion or Order Filing 28 NOTICE of Designation of Mediator, Louis Pirkey, filed by Rex Real Estate I, L.P.. (Joint Notice) (Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
April 5, 2019 Opinion or Order Filing 27 NOTICE of Attorney Appearance by Charles Gregory Shamoun on behalf of All Plaintiffs (Shamoun, Charles) [Transferred from Texas Eastern on 7/10/2019.]
April 3, 2019 Opinion or Order Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone hearing held regarding discovery dispute on 4/3/2019 at 2:00 p.m. Charles Phipps and Daniel Solitro for Plaintiffs; Eric Findlay, Scott Lonardo, and Holly Pranger for Defendants. Court finds that Plaintiffs are entitled to complete the deposition in Austin. Court ordered that Plaintiff have five days after the deposition transcript is received to file any supplementation to the report, if necessary. Defendants are given an additional two weeks for any rebuttal report. Call adjourned at 2:20 p.m. (Court Reporter Jan Mason.) (kkc, ) [Transferred from Texas Eastern on 7/10/2019.]
April 3, 2019 Opinion or Order Set/Reset Hearings: Telephone Conference RESET for 4/3/2019 02:00 PM before District Judge Amos L. Mazzant III. Counsel directed to call at 1:55 PM, using the previous call-in instructions. (tls) [Transferred from Texas Eastern on 7/10/2019.]
April 2, 2019 Opinion or Order NOTICE of Hearing: Telephone Conference to address a discovery dispute set for 4/3/2019 11:00 AM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 10:55 AM. 888-363-4749; Access Code: 1588844, followed by #. (tls) [Transferred from Texas Eastern on 7/10/2019.]
March 6, 2019 Opinion or Order Filing 26 NOTICE of Attorney Appearance - Pro Hac Vice by Daniel A. Solitro on behalf of Rex Real Estate I, L.P.. Filing fee $ 100, receipt number 0540-7168584. (Solitro, Daniel) [Transferred from Texas Eastern on 7/10/2019.]
February 12, 2019 Opinion or Order Filing 25 NOTICE of Attorney Appearance by Mark Richard Backofen on behalf of Rex Real Estate I, L.P. (Backofen, Mark) [Transferred from Texas Eastern on 7/10/2019.]
January 22, 2019 Opinion or Order Filing 24 REPLY to Response to Motion re #15 MOTION to Dismiss OR TRANSFER FOR IMPROPER VENUE PURSUANT TO RULE 12(b)(3) AND 28 U.S.C. 1406 OR, IN THE ALTERNATIVE, TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404 filed by Rex Real Estate Exchange Inc.. (Attachments: #1 Sides Declaration, #2 Lonardo Declaration, #3 Exhibit A, #4 Exhibit B)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
January 15, 2019 Opinion or Order Filing 23 SEALED RESPONSE to Motion re #15 MOTION to Dismiss OR TRANSFER FOR IMPROPER VENUE PURSUANT TO RULE 12(b)(3) AND 28 U.S.C. 1406 OR, IN THE ALTERNATIVE, TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404 filed by Rex Real Estate I, L.P.. (Williamson, Sarah) [Transferred from Texas Eastern on 7/10/2019.] (cj). (Additional attachment(s) added on 7/10/2019: #1 Declaration of Rex Glendenning) (cj). (Additional attachment(s) added on 7/10/2019: #2 Declaration of Sarah Williamson) (cj). (Additional attachment(s) added on 7/10/2019: #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, #13 Exhibit K, #14 Proposed Order Text of Proposed Order Denying Defendan'ts Motion to Dismiss or Transfer) (cj).
January 12, 2019 Opinion or Order Filing 22 SCHEDULING ORDER: Final Pretrial Conference set for 1/6/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 4/10/2019. Discovery due by 7/3/2019. Joinder of Parties due by 2/27/2019. Jury instructions due by 12/23/2019. Mediation Completion due by 5/17/2019. Designation of Mediator due by 4/5/2019, Motions due by 4/24/2019. Proposed Pretrial Order due by 12/6/2019. Signed by District Judge Amos L. Mazzant, III on 1/12/2019. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
January 8, 2019 Opinion or Order Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant chambers. (lab) [Transferred from Texas Eastern on 7/10/2019.]
January 7, 2019 Opinion or Order Due to the Court's schedule, the 1/16/2019 Scheduling Conference is CANCELED. The Court will issue a Scheduling Order. (kkc, ) [Transferred from Texas Eastern on 7/10/2019.]
January 2, 2019 Opinion or Order Filing 21 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order Scheduling Order)(Williamson, Sarah) [Transferred from Texas Eastern on 7/10/2019.]
January 2, 2019 Opinion or Order Filing 20 Submission of Proposed Agreed Protective order by Rex Real Estate I, L.P. . (Williamson, Sarah) [Transferred from Texas Eastern on 7/10/2019.]
December 4, 2018 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File Response. ORDERED that Plaintiff's deadline to respond to Defendant's Motion (Document 15) has been extended to January 15, 2019. Signed by District Judge Amos L. Mazzant, III on 12/4/2018. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
December 3, 2018 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss OR TRANSFER FOR IMPROPER VENUE PURSUANT TO RULE 12(b)(3) AND 28 U.S.C. 1406 OR, IN THE ALTERNATIVE, TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404 by Rex Real Estate I, L.P.. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Williamson, Sarah) [Transferred from Texas Eastern on 7/10/2019.]
November 28, 2018 Opinion or Order Filing 17 NOTICE of Attorney Appearance by Sarah Shawn Williamson on behalf of Rex Real Estate I, L.P. (Williamson, Sarah) [Transferred from Texas Eastern on 7/10/2019.]
November 27, 2018 Opinion or Order Filing 16 ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 1/2/2019. Rule 16 Management Conference set for 1/16/2019 at 03:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 11/27/2018. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
November 21, 2018 Opinion or Order Filing 15 MOTION to Dismiss OR TRANSFER FOR IMPROPER VENUE PURSUANT TO RULE 12(b)(3) AND 28 U.S.C. 1406 OR, IN THE ALTERNATIVE, TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404 by Rex Real Estate Exchange Inc.. (Attachments: #1 Text of Proposed Order, #2 Ryan Declaration, #3 Pranger Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
November 14, 2018 Opinion or Order Filing 14 Notice of Attorney Appearance - Pro Hac Vice by Scott Lonardo on behalf of Rex Real Estate Exchange Inc.. Filing fee $ 100, receipt number 0540-7024407. (Lonardo, Scott) [Transferred from Texas Eastern on 7/10/2019.]
November 13, 2018 Opinion or Order Filing 13 ORDER GRANTING #12 PLAINTIFF'S UNOPPOSED AND AMENDED MOTION FOR AN ORDER SETTING A DEADLINE FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT. It is ORDERED that Defendant shall file an answer or otherwise respond to Plaintiff's Complaint no later than November 26, 2018. Signed by District Judge Amos L. Mazzant, III on 11/13/2018. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
November 13, 2018 Opinion or Order Answer Due Deadline Updated for Rex Real Estate Exchange Inc. to 11/26/2018. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
November 12, 2018 Opinion or Order Filing 12 Unopposed MOTION Establish Deadline re #11 MOTION Motion for Entry of Default or Setting a Deadline to Answer Complaint , Notice of Deficiency, by Rex Real Estate I, L.P.. (Attachments: #1 Text of Proposed Order)(Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
November 9, 2018 Opinion or Order Filing 11 ***FILED IN ERROR. PLEASE DISREGARD*** MOTION Motion for Entry of Default or Setting a Deadline to Answer Complaint by Rex Real Estate I, L.P.. (Attachments: #1 Text of Proposed Order)(Phipps, Charles) Modified on 11/9/2018 (rpc, ). [Transferred from Texas Eastern on 7/10/2019.]
November 9, 2018 Opinion or Order NOTICE of Deficiency regarding the Motion for Entry of Default or Setting a Deadline to Answer Complaint #11 submitted by Rex Real Estate I, L.P.. The document was filed using the wrong event code. It should be filed as a Request for Clerk's Entry of Default with Affidavit. Correction should be made by one business day. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
September 24, 2018 Opinion or Order Filing 10 NOTICE by Rex Real Estate I, L.P. re #9 Order on Motion to Stay Joint Notice In Response To Order (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
August 9, 2018 Opinion or Order Filing 9 ORDER granting #8 Joint Motion for Temporary Stay of Action. Signed by District Judge Amos L. Mazzant, III on 8/9/2018. (daj, ) [Transferred from Texas Eastern on 7/10/2019.]
July 30, 2018 Opinion or Order Filing 8 Joint MOTION to Stay FOR TEMPORARY STAY OF ACTION by Rex Real Estate Exchange Inc.. (Attachments: #1 Text of Proposed Order)(Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
July 17, 2018 Opinion or Order Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Holly Pranger on behalf of Rex Real Estate Exchange Inc.. Filing fee $ 100, receipt number 0540-6857582. (Pranger, Holly) [Transferred from Texas Eastern on 7/10/2019.]
July 16, 2018 Opinion or Order Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Rex Real Estate Exchange Inc. to 7/31/2018. 15 Days Granted for Deadline Extension.( rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
July 13, 2018 Opinion or Order Filing 6 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Rex Real Estate Exchange Inc..( Craft, Roger) [Transferred from Texas Eastern on 7/10/2019.]
June 15, 2018 Opinion or Order Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Rex Real Estate Exchange Inc. to 7/16/2018. 30 Days Granted for Deadline Extension.( rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
June 14, 2018 Opinion or Order Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Rex Real Estate Exchange Inc..( Findlay, Eric) [Transferred from Texas Eastern on 7/10/2019.]
May 29, 2018 Opinion or Order Filing 4 SUMMONS Returned Executed by Rex Real Estate I, L.P.. Rex Real Estate I, L.P. served on 5/24/2018, answer due 6/14/2018. (Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.]
May 22, 2018 Opinion or Order Filing 3 NOTICE of Attorney Appearance - Pro Hac Vice by Robert E. Nail on behalf of Rex Real Estate I, L.P.. Filing fee $ 100, receipt number 0540-6787383. (Nail, Robert) [Transferred from Texas Eastern on 7/10/2019.]
May 21, 2018 Opinion or Order Filing 2 SUMMONS Issued as to Rex Real Estate Exchange Inc. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
May 21, 2018 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
May 18, 2018 Opinion or Order Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) [Transferred from Texas Eastern on 7/10/2019.]
May 18, 2018 Opinion or Order Filing 1 COMPLAINT against Rex Real Estate Exchange Inc. ( Filing fee $ 400 receipt number 0540-6784448.), filed by Rex Real Estate I, L.P.. (Attachments: #1 Civil Cover Sheet)(Phipps, Charles) [Transferred from Texas Eastern on 7/10/2019.] (Attachment 1 replaced and flattened on 7/10/2019) (cj).

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Search for this case: Rex Real Estate I, L.P. v. Rex Real Estate Exchange Inc.
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Plaintiff: Rex Real Estate I, L.P.
Represented By: Robert E. Nail
Represented By: Daniel A. Solitro
Represented By: C. Gregory Shamoun
Represented By: Sarah Shawn Williamson
Represented By: Mark Richard Backofen
Represented By: Charles E. Phipps
Represented By: Benjamin David Lee Foster
Represented By: Joel R. Thomason
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Defendant: Rex Real Estate Exchange Inc.
Represented By: Brian Craft
Represented By: Colleen Bal
Represented By: John P Flynn
Represented By: Shelby Pasarell Tsai
Represented By: Holly Pranger
Represented By: Eric H. Findlay
Represented By: Scott Lonardo
Represented By: Jordan Evans Kass
Represented By: John P. Flynn
Represented By: Aden M. Allen
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Not classified by court: Louis T. Pirkey
Represented By: Louis T. Pirkey
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