Benchmark Towing Systems, LLC et al v. Longoria et al
| Benchmark Towing Systems, LLC, Heavy Duty Towing San Antonio, LLC and Heavy Duty Towing San Antonio, LLC doing business as San Antonio Heavy Duty |
| Iris Vasquez Castaneda and Heavy Duty Towing & Services, LLC |
| Nicholas Longoria |
| Jeffrey Weingart and Oscar Weingart |
| 5:2023cv01377 |
| October 31, 2023 |
| US District Court for the Western District of Texas |
| Fred Biery |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 33
ORDER STRIKING PLAINTIFFS REPLY BRIEF IN SUPPORT OF EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Fred Biery. (mgr)
|
|
Filing 32
ORDER GRANTING #31 Motion to Withdraw #31 Unopposed MOTION to Withdraw #13 Opposed MOTION to Expedite Discovery Signed by Judge Fred Biery. (mgr)
|
| Filing 31 Unopposed MOTION to Withdraw #13 Opposed MOTION to Expedite Discovery by Benchmark Towing Systems, LLC. (Attachments: #1 Proposed Order)(Hanor, Charles) |
| Filing 30 AFFIDAVITS OF SERVICE OF PROCESS by Heavy Duty Towing & Services, LLC, Iris Vasquez Castaneda. Jeffrey Weingart served on 12/14/2023, answer due 1/4/2024; Oscar Weingart served on 12/14/2023, answer due 1/4/2024. (Cave, John) Modified "No Summons Attached" on 12/21/2023 (wg). |
| Filing 29 ***DOCUMENT STRICKEN PURSUANT TO ORDER DATED 12/27/2023, (DOC #33)-DOCUMENT WILL BE RESTRICTED*** REPLY to Response to Motion, filed by Benchmark Towing Systems, LLC, Heavy Duty Towing San Antonio, LLC, re #12 Opposed MOTION for Temporary Restraining Order Brief in Support filed by Plaintiff Benchmark Towing Systems, LLC (Attachments: #1 Exhibit Q Weingart Supp. Decl., #2 Exhibit R, #3 Exhibit S, #4 Exhibit T, #5 Exhibit U)(Malik, Ayesha) Modified on 12/28/2023, to edit text (mgr). |
|
Filing 28
ORDER GRANTING THE UNOPPOSED MOTION TO EXTEND DEADLINE TO REPLY TO DEFENDANTS RESPONSE re #27 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 Response in Opposition to Motion, Plaintiffs shall have, as requested, until Tuesday, December 19, 2023, to file their Reply to Defendants Response in Opposition to Plaintiffs Emergency Motion for Temporary Restraining Order, Order to Show Cause, and Other Ancillary Relief Signed by Judge Fred Biery. (wg)
|
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 Response in Opposition to Motion, by Benchmark Towing Systems, LLC. (Attachments: #1 Proposed Order)(Hanor, Charles) |
| Filing 26 Summons Issued as to Oscar Weingart. Complaint/Counter Claim & Counter Claim Exhibits. (wg) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS by Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria. (Bell, Julie) |
| Filing 24 Summons Issued as to Jeffrey Weingart. Counter/Claim & Exhibits (wg) |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS by Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria. to Oscar and Jeffrey Weingart (Bell, Julie) |
| Notice of Correction: ENTRY WAS EDITED TO REMOVE THE MOTION STATUS AND REFLECT AS SUPPLEMENT TO MOTION re #22 Opposed MOTION to supplement re #13 Opposed MOTION to Expedite Discovery Cert. of Conference. (mgr) |
| Filing 22 SUPPLEMENT TO MOTION re #13 Opposed MOTION to Expedite Discovery Cert. of Conference by Benchmark Towing Systems, LLC. (Hanor, Charles) Modified on 12/12/2023, to edit text (mgr). |
|
Filing 21
ORDER GRANTING #16 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (mgr)
|
| Filing 20 COURT ADVISORY CONCERNING DISCOVERY AND OTHER MATTERS. Signed by Judge Fred Biery. (mgr) |
|
Filing 19
ORDER FOR SCHEDULING RECOMMENDATIONS AND ADVISORY CONCERNING ASSIGNMENT OF MAGISTRATE JUDGE. IT IS HEREBY ORDERED that the parties shall submit a proposed scheduling order to the Courtwithin 60 days after any defendant has appeared., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge Fred Biery. (mgr) .
|
|
Filing 18
ORDER GRANTING #10 Motion for Leave to File Excess Pages. The Court is also aware of the Plaintiffs Motion for Expedited Discovery filed on December 4,2023 (docket #13). However, a review of the motion reveals that it also lacks the required certificate of conference. Accordingly, Plaintiffs may file a supplement to the motion containing the required information set forth in Western District of Texas Local Rule CV-7(G) within 7 days of the date of thisorder if they choose to have the motion considered by the Court. Signed by Judge Fred Biery. (mgr)
|
| Filing 17 Response in Opposition to Motion, filed by Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria, re #11 Opposed MOTION for Temporary Restraining Order and Expedited Discovery filed by Plaintiff Benchmark Towing Systems, LLC, #12 Opposed MOTION for Temporary Restraining Order Brief in Support filed by Plaintiff Benchmark Towing Systems, LLC (Attachments: #1 Exhibit Exhibits A-C, #2 Exhibit Exhibits D-O)(Cave, John) |
| Filing 16 Unopposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiff's Motion for TRO by Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria. (Attachments: #1 Proposed Order (proposed) Order to Exceed Page Limitation)(Cave, John) |
| Filing 15 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Benchmark Towing Systems, LLC, Heavy Duty Towing San Antonio, LLC by Heavy Duty Towing & Services, LLC, Iris Vasquez Castaneda, Nicholas Longoria. (Attachments: #1 Exhibit Exhibits to Counterclaims)(Cave, John) |
| Filing 13 Opposed MOTION to Expedite Discovery by Benchmark Towing Systems, LLC. (Attachments: #1 Exhibit Longoria Depo Notice, #2 Exhibit Requests for Production, #3 Proposed Order)(Hanor, Charles) |
|
Filing 14
ORDER GRANTING re #9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint filed by Heavy Duty Towing & Services, LLC, Iris Vasquez Castaneda, Nicholas Longoria, Iris Vasquez Castaneda answer due 12/5/2023; Heavy Duty Towing & Services, LLC answer due 12/5/2023; Nicholas Longoria answer due 12/5/2023.. Signed by Judge Fred Biery. (wg)
|
| Filing 12 Opposed MOTION for Temporary Restraining Order Brief in Support by Benchmark Towing Systems, LLC. (Attachments: #1 Exhibit Ex. A Weingart Declaration, #2 Exhibit Ex. B Hanor Declaration, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N, #15 Exhibit Ex. O, #16 Exhibit Ex. P)(Hanor, Charles) |
| Filing 11 Opposed MOTION for Temporary Restraining Order and Expedited Discovery by Benchmark Towing Systems, LLC. (Attachments: #1 Proposed Order)(Hanor, Charles) |
| Filing 10 Opposed MOTION for Leave to Exceed Page Limitation for Emergency Motion for TRO by Benchmark Towing Systems, LLC. (Attachments: #1 Proposed Order Proposed Order on Mtn. for Leave)(Hanor, Charles) |
| Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria. (Attachments: #1 Proposed Order Extension of Time to File Answer)(Cave, John) |
|
Filing 8
ORDER GRANTING #6 Motion for Extension of Time to Answer ; Iris Vasquez Castaneda answer due 12/1/2023; Heavy Duty Towing & Services, LLC answer due 12/1/2023; Nicholas Longoria answer due 12/1/2023. Signed by Judge Fred Biery. (mgr)
|
| Filing 7 NOTICE of Attorney Appearance by John C. Cave on behalf of Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria (Cave, John) |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Iris Vasquez Castaneda, Heavy Duty Towing & Services, LLC, Nicholas Longoria. (Attachments: #1 Proposed Order Extension of Time to File Answer)(Cave, John) |
| Filing 5 Summons Issued as to Heavy Duty Towing & Services, LLC. (wg) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by Benchmark Towing Systems, LLC. (Hanor, Charles) |
| Filing 3 Summons Issued as to Iris Vasquez Castaneda, Nicholas Longoria. (wg) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Benchmark Towing Systems, LLC. on Nicholas Longoria and Iris Castaneda (Hanor, Charles) |
| Case assigned to Judge Fred Biery. 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 $ 402 receipt number ATXWDC-18046067). No Summons requested at this time, filed by Benchmark Towing Systems, LLC. (Attachments: #1 Civil Cover Sheet)(Hanor, Charles) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
