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 |
| 1:2023cv00571 |
| May 23, 2023 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| MOTION REFERRED: referred #35 MOTION to Dismiss . Referral Judge: Dustin M. Howell. (jv2) |
Text Order REFERRING #35 Motion to Dismiss entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Dismiss is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) 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.) (sh)
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| Filing 35 MOTION to Dismiss by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC. (Wimberly, Travis) |
| Filing 34 NOTICE of Attorney Appearance by Richard D. Rivera on behalf of Landry's Trademark, Inc., Landry's, LLC. Attorney Richard D. Rivera added to party Landry's Trademark, Inc.(pty:pla), Attorney Richard D. Rivera added to party Landry's, LLC(pty:pla) (Rivera, Richard) |
| Filing 33 NOTICE of Attorney Appearance by Jason Paul Blair on behalf of Landry's Trademark, Inc., Landry's, LLC. Attorney Jason Paul Blair added to party Landry's Trademark, Inc.(pty:pla), Attorney Jason Paul Blair added to party Landry's, LLC(pty:pla) (Blair, Jason) |
| Filing 32 Response in Opposition to Motion, filed by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC, re #31 MOTION to Expedite Discovery Order filed by Plaintiff Landry's, LLC, Plaintiff Landry's Trademark, Inc. (Attachments: #1 Exhibit 1 - Wimberly Declaration)(Wimberly, Travis) |
| MOTION REFERRED: referred #12 MOTION to Remand, #18 MOTION to Strike, #31 MOTION to Expedite. Referral Judge: Dustin M. Howell. (jv2) |
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Text Order REFERRING #18 Motion to Strike entered by Judge Robert Pitman. IT IS ORDERED that the motion to strike is REFERRED to United States Magistrate Judge Dustin Howell 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.) (sh)
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Text Order REFERRING #12 Motion to Remand to State Court entered by Judge Robert Pitman. IT IS ORDERED that the motion to remand is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) 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.) (sh)
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Text Order REFERRING #31 Motion to Expedite entered by Judge Robert Pitman. IT IS ORDERED that the motion to expedite is REFERRED to United States Magistrate Judge Dustin Howell 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.) (sh)
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| Filing 31 MOTION to Expedite Discovery Order by Landry's Trademark, Inc., Landry's, LLC. (Attachments: #1 Proposed Order)(Scheer, Harrison) |
| Filing 30 REPLY to Response to Motion, filed by Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC, re #18 MOTION to Strike #11 Amended Complaint/Counterclaim/Crossclaim etc. filed by Landry Oaks, LLC, Landry Reserve, LLC, Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc. (Wimberly, Travis) |
| Filing 29 RESPONSE to Motion, filed by Landry's Trademark, Inc., Landry's, LLC, re #18 MOTION to Strike #11 Second Amended Complaint filed by Landry Oaks, LLC, Landry Reserve, LLC, Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Dvorscak, Alexander) Modified on 5/30/2023 (jv2). |
| Filing 28 Case Transfer Letter. (jv2) |
| Filing 27 Report on Patent/Trademark sent to U.S. Patent and Trademark Offic with copy of Second Amended Complaint. (jv2) |
| Filing 26 NOTICE of Attorney Appearance by Giulio Ernesto Yaquinto on behalf of Lowell Zachary Landry, Landry Distillery LLC, Landry Distilling, Inc., Landry Oaks, LLC, Landry Reserve, LLC. Attorney Giulio Ernesto Yaquinto added to party Lowell Zachary Landry(pty:dft), Attorney Giulio Ernesto Yaquinto added to party Landry Distillery LLC(pty:dft), Attorney Giulio Ernesto Yaquinto added to party Landry Distilling, Inc.(pty:dft), Attorney Giulio Ernesto Yaquinto added to party Landry Oaks, LLC(pty:dft), Attorney Giulio Ernesto Yaquinto added to party Landry Reserve, LLC(pty:dft) (Yaquinto, Giulio) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell (jv2) |
| 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. (jv2) |
| Filing 25 Case electronically transferred in from Southern District of Texas; Case Number 4:23-cv-01314. |
| Interdistrict transfer to Western District of Texas. Case transferred electronically. Case terminated on 5/23/2023, filed. (KimberlyPicota, 4) [Transferred from Texas Southern on 5/23/2023.] |
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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) [Transferred from Texas Southern on 5/23/2023.]
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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) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 23 REPLY in Support of #12 MOTION to Remand, filed by Landry's Trademark, Inc., Landry's, LLC. (Dvorscak, Alexander) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 19 NOTICE of Appearance by Harrison Scheer on behalf of Landry's Trademark, Inc., Landry's, LLC, filed. (Scheer, Harrison) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
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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) [Transferred from Texas Southern on 5/23/2023.]
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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) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 14 Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Landry's Trademark, Inc., Landry's, LLC identifying Fertitta Entertainment, LLC as Corporate Parent, filed.(Zavitsanos, John) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 7 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (AkeitaMichael, 4) [Transferred from Texas Southern on 5/23/2023.] |
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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) [Transferred from Texas Southern on 5/23/2023.]
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| Filing 5 CORPORATE DISCLOSURE STATEMENT by Landry Reserve, LLC identifying Landry Distilling, Inc. as Corporate Parent, filed.(Wimberly, Travis) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Landry Oaks, LLC identifying Landry Reserve, LLC as Corporate Parent, filed.(Wimberly, Travis) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Landry Distillery LLC identifying Landry Oaks, LLC as Corporate Parent, filed.(Wimberly, Travis) [Transferred from Texas Southern on 5/23/2023.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Landry Distilling, Inc., filed.(Wimberly, Travis) [Transferred from Texas Southern on 5/23/2023.] |
| 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) [Transferred from Texas Southern on 5/23/2023.] |
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