Jack In The Box Inc. et al v. San-Tex Restaurants, Inc. et al
| Jack in the Box Eastern Division LP, Jack In The Box Inc., Different Rules, LLC and Jack In The Box Properties, LLC |
| Anil S. Yadav, Atour Eyvazian, San-Tex Restaurants, Inc. and Vandana Yadav |
| 5:2020cv00328 |
| March 16, 2020 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| Xavier Rodriguez |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (wg) |
| Filing 44 STIPULATION of Dismissal with Prejudice by Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (Salkowski, Robert) |
Filing 43
AMENDED SCHEDULING ORDER re ( ADR Report Deadline due by 9/24/2021,, Discovery due by 1/21/2022,, Dispositive Motions due by 1/28/2022,, Bench Trial set for 5/9/2022 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 4/28/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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| Filing 42 ADVISORY TO THE COURT by San-Tex Restaurants, Inc. David Ortega Vacation Letter. (Ortega, David) |
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Filing 41
ORDER GRANTING IN PART AND DENYING IN PART #26 Motion to Dismiss for Failure to State a Claim; GRANTING IN PART AND DENYING IN PART #36 Motion to Dismiss for Failure to State a Claim Signed by Judge Xavier Rodriguez. (wg)
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| Filing 40 Joint MOTION to Extend Scheduling Order Deadlines by Jack In The Box Inc., Jack In The Box Properties, LLC, Jack in the Box Eastern Division LP. (Attachments: #1 Exhibit A)(Crouch, Amanda) |
| Filing 39 NOTICE of Designation of E-Mail Addresses by Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav (Rizk, Beshoy) |
| Notice of Correction: To advise Counsel, docket text edited at the request of Plaintiff's counsel. RE: #38 Counter-Defendant's Reply in Opposition to Motion. (sf) |
| Filing 38 Counter-Defendant's Jack in the Box Inc. and different Rules LLC's Reply to Counter-Plaintiff's Response in Opposition to Counter-Defendant's Motion, filed by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC, Jack in the Box Eastern Division LP, re #36 Motion to Dismiss for Failure to State a Claim filed by Jack in the Box Eastern Division LP, Jack In The Box Inc., Jack In The Box Properties, LLC (Crouch, Amanda) Modified on 10/19/2020 to edit docket text (sf). |
| Filing 37 Counter-Plaintiff/Defendant's Response in Opposition to Motion, filed by San-Tex Restaurants, Inc., re #36 Motion to Dismiss for Failure to State a Claim filed by Jack in the Box Eastern Division LP, Jack In The Box Inc., Jack In The Box Properties, LLC (Rizk, Beshoy) |
| Filing 36 Motion to Dismiss for Failure to State a Claim by Jack In The Box Inc., Jack In The Box Properties, LLC, Jack in the Box Eastern Division LP. (Attachments: #1 Proposed Order)(Crouch, Amanda) |
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Filing 35
CONFIDENTIALITY AND PROTECTIVE ORDER re #33 Agreed MOTION for Protective Order filed by Jack In The Box Inc., Signed by Judge Xavier Rodriguez. (wg)
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| Filing 34 RESPONSE Letter to Judge by Jack In The Box Properties, LLC. (Crouch, Amanda) |
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Text Order TAKING UNDER ADVISEMENT #26 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. The text order entered on August 27, 2020 is vacated and the following order is issued in its place: The Court GRANTS Counter-Defendants' Motion to Dismiss Counter-Claimant's Seventh and Eleventh causes of action under Federal Rule of Civil Procedure 9(b). Counter-Claimant's Seventh and Eleventh causes of action are DISMISSED without prejudice. Leave of court is granted to file an amended complaint within 14 days in order to remedy the 9(b) deficiencies. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| Filing 33 Agreed MOTION for Protective Order by Jack In The Box Inc.. (Attachments: #1 Proposed Order)(Crouch, Amanda) |
| Filing 32 AMENDED COUNTERCLAIM against All Defendants amending #18 Answer to Amended Complaint, Counterclaim., filed by Vandana Yadav, San-Tex Restaurants, Inc., Anil S. Yadav.(Ortega, David) |
| Filing 31 Transcript filed of Proceedings held on 8/27/2020, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Gigi Simcox, Telephone number: 210-244-5037, email: gigi_simcox@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/30/2020, Redacted Transcript Deadline set for 10/12/2020, Release of Transcript Restriction set for 12/8/2020, (gs) |
| Filing 30 Counter-Defendants Reply to Response to Motion, filed by Different Rules, LLC, Jack In The Box Inc., re #26 Motion to Dismiss for Failure to State a Claim filed by Counter Defendant Different Rules, LLC, Counter Defendant Jack In The Box Inc. (Crouch, Amanda) |
| Filing 29 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 8/27/2020 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(wg) |
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Text Order TAKING UNDER ADVISEMENT #26 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. However, the Court GRANTS Counter-Defendants' Motion to Dismiss Counter-Claimant's Seventh and Eighth causes of action under Federal Rule of Civil Procedure 9(b). Counter-Claimant's Seventh and Eighth causes of action are DISMISSED without prejudice. Leave of Court is granted to file an amended complaint within 14 days in order to remedy the 9(b) deficiencies. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| Filing 28 Response in Opposition to Motion, filed by San-Tex Restaurants, Inc., re #26 Motion to Dismiss for Failure to State a Claim filed by Counter Defendant Different Rules, LLC, Counter Defendant Jack In The Box Inc. (Attachments: #1 Exhibit 1)(Ortega, David) |
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Text Order GRANTING #27 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Defendants' deadline to file their Response to Plaintiffs' Motion to Dismiss is extended to August 25, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| Filing 27 Defendants/Counter Plaintiffs Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Motion to Dismiss for Failure to State a Claim by San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (Ortega, David) |
| Filing 26 Counter Defendant's Motion to Dismiss for Failure to State a Claim by Different Rules, LLC, Jack In The Box Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order Proposed Order)(Crouch, Amanda) |
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Filing 25
SCHEDULING ORDER: Bench Trial set for 11/1/2021 10:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 10/21/2021 10:30 AM before Judge Xavier Rodriguez, ADR Report Deadline due by 3/26/2021, Amended Pleadings due by 1/15/2021, Discovery due by 7/16/2021, Joinder of Parties due by 1/15/2021, Dispositive Motions due by 7/30/2021. Signed by Judge Xavier Rodriguez. (rg)
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Filing 24
ORDER (Setting Status Conference and Hearing on all Pending Motions for 8/27/2020 10:30 AM before Judge Xavier Rodriguez). Signed by Judge Xavier Rodriguez. (rg)
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| Filing 23 Scheduling Recommendations/Proposed Scheduling Order by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC. (Crouch, Amanda) |
| Filing 22 Rule 26(f) Discovery Report/Case Management Plan Joint by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC. (Crouch, Amanda) |
| Filing 21 NON-CONSENT to Trial by US Magistrate Judge by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC. (Crouch, Amanda) |
| Filing 20 NON-CONSENT to Trial by US Magistrate Judge by Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (Salkowski, Robert) |
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Text Order GRANTING #19 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. The Court hereby extends the deadline for Counter-Defendants' responsive pleading to Counter-Plaintiff's Counterclaim in this case to August 4, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arb)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 Answer to Amended Complaint, Counterclaim by Different Rules, LLC, Jack In The Box Inc.. (Attachments: #1 Proposed Order Proposed Order)(Crouch, Amanda) |
| Filing 18 Defendants' ANSWER to #15 Amended Complaint,, , COUNTERCLAIM against All Plaintiffs by San-Tex Restaurants, Inc..(Ortega, David) |
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Text Order DENYING #9 Motion to Dismiss entered by Judge Xavier Rodriguez. Defendants' motion is denied in light of the First Amended Complaint's (1) addition of Different Rules LLC as a party and (2) removal of the claim for punitive and exemplary damages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arb)
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Filing 17
Order for Scheduling Recommendations/Proposed Scheduling Order. ( Scheduling Recommendations/Proposed Scheduling Order due by 7/24/2020,) Within thirty (30) days of the date of the filing this Order each party should give Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez. (wg)
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| Filing 16 PLAINTIFF'S RESPONSE to Motion, filed by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC, re #9 MOTION to Dismiss filed by Defendant San-Tex Restaurants, Inc. (Attachments: #1 Exhibit A)(Crouch, Amanda) |
| Filing 15 AMENDED COMPLAINT against All Defendants amending #1 Complaint,., filed by Jack In The Box Inc., Different Rules, LLC, Jack In The Box Properties, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Crouch, Amanda) |
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Text Order GRANTING #12 Motion to Appear Pro Hac Vice. 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. Order entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arb)
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Text Order GRANTING #13 Motion to Appear Pro Hac Vice. 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. Order entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arb)
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Text Order GRANTING #14 Motion to Appear Pro Hac Vice. 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. Order entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arb)
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| Filing 14 MOTION to Appear Pro Hac Vice by David Louis Ortega ( Filing fee $ 100 receipt number 0542-13598617) by on behalf of San-Tex Restaurants, Inc.. (Attachments: #1 Proposed Order)(Ortega, David) |
| Filing 13 MOTION to Appear Pro Hac Vice by David Louis Ortega ( Filing fee $ 100 receipt number 0542-13598566) by on behalf of San-Tex Restaurants, Inc.. (Attachments: #1 Proposed Order)(Ortega, David) |
| Filing 12 MOTION to Appear Pro Hac Vice by David Louis Ortega ( Filing fee $ 100 receipt number 0542-13598436) by on behalf of San-Tex Restaurants, Inc.. (Attachments: #1 Proposed Order)(Ortega, David) |
| Filing 11 Pro Hac Vice Letter sent to atty: Robert Zarco. (wg) |
| Filing 10 Pro Hac Vice Letter sent to atty: Robert F. Salkowski. (wg) |
| Filing 9 MOTION to Dismiss by San-Tex Restaurants, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Ortega, David) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Jack In The Box Inc., Jack in the Box Eastern Division LP as to Vandana Yadav. Waiver sent on 4/27/2020, answer due 6/26/2020. (Allen, Samuel) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Jack In The Box Inc., Jack in the Box Eastern Division LP as to Anil S. Yadav. Waiver sent on 4/27/2020, answer due 6/26/2020. (Allen, Samuel) |
| Filing 6 SUMMONS Returned Executed by Jack In The Box Inc., Jack in the Box Eastern Division LP. Atour Eyvazian served on 4/13/2020, answer due 5/4/2020. (Crouch, Amanda) |
| Filing 5 SUMMONS Returned Executed by Jack In The Box Inc., Jack in the Box Eastern Division LP. San-Tex Restaurants, Inc. served on 4/13/2020, answer due 5/4/2020. (Crouch, Amanda) |
| Filing 4 Summons Issued as to Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (wg) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Jack In The Box Inc., Jack in the Box Eastern Division LP. (Crouch, Amanda) |
| Filing 2 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (wg) |
| Case assigned to Judge Xavier Rodriguez. 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. (wg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13348942). No Summons requested at this time, filed by Jack In The Box Inc., Jack in the Box Eastern Division LP. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Civil Cover Sheet Civil Cover Sheet)(Crouch, Amanda) |
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