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Case number 2:21-cv-12099

The Custard Hut Franchise LLC V H & J Jawad LLC et al > Documents

Date Field Doc. No.Description (Pages)
Mar 21, 2023 55 ORDER Granting in Part and Denying in Part Motions 36 for Partial Summary Judgment and 40 for Leave to File Second Amended Complaint. Signed by District Judge David M. Lawson. (see image for deadlines.) (SPin) (Entered: 03/21/2023) (2)
Mar 21, 2023 56 NOTICE TO APPEAR IN PERSON: Interim Status Conference set for 6/1/2023 at 4:00 PM before District Judge David M. Lawson. (SPin) (Entered: 03/21/2023) (1)
Oct 20, 2022 54 ORDER Dismissing Affirmative Defenses. Signed by District Judge David M. Lawson. (HRya) (Entered: 10/20/2022) (1)
Oct 17, 2022 53 STIPULATION re 36 MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defenses by H & J JAWAD LLC d/b/a The Custard Company, The Custard Company - Amoco LLC (Galligan, Timothy) (Entered: 10/17/2022) (2)
Sep 12, 2022 51 REPLY to Response re 36 MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defenses filed by The Custard Hut Franchise LLC. (Barber, Joseph) (Entered: 09/12/2022) (12)
Sep 12, 2022 52 ORDER DENYING DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND FOR SANCTIONS UNDER THIS COURT'S INHERENT AUTHORITY 23 . Signed by Magistrate Judge Anthony P. Patti. (LHos) (Entered: 09/12/2022) (4)
Sep 8, 2022 50 ORDER Granting 47 Motion for Extension of Time to File Response/Reply to 36 MOTION for Partial Summary Judgment. Response due by 8/29/2022 and is deemed timely filed. Signed by District Judge David M. Lawson. (SPin) (Entered: 09/08/2022) (1)
Sep 2, 2022 49 Statement of Resolved and Unresolved Issues (3)
Docket Text: STATEMENT of Resolved and Unresolved Issues re [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority by All Defendants (Galligan, Timothy)
Aug 29, 2022 48 Main Document (29)
Docket Text: RESPONSE to [36] MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defenses filed by All Defendants. (Attachments: # (1) Index of Exhibits Index, # (2) Exhibit A - Zahra Saad Deposition Transcript, # (3) Exhibit B - Michael Saad Deposition Transcript, # (4) Exhibit C - Declaration of Jamal Jawad, # (5) Exhibit D - photographs, # (6) Exhibit E - 6/22/2021 letter, # (7) Exhibit F -7/28/2021 letter, # (8) Exhibit G - social media posts, # (9) Exhibit H - M Dedecker declaration redacted, # (10) Exhibit I - Zahra Saad declaration) (Galligan, Timothy)
Aug 29, 2022 48 Index of Exhibits Index (1)
Aug 29, 2022 48 Exhibit A - Zahra Saad Deposition Transcript (20)
Aug 29, 2022 48 Exhibit B - Michael Saad Deposition Transcript (42)
Aug 29, 2022 48 Exhibit C - Declaration of Jamal Jawad (3)
Aug 29, 2022 48 Exhibit D - photographs (4)
Aug 29, 2022 48 Exhibit E - 6/22/2021 letter (6)
Aug 29, 2022 48 Exhibit F -7/28/2021 letter (3)
Aug 29, 2022 48 Exhibit G - social media posts (15)
Aug 29, 2022 48 Exhibit H - M Dedecker declaration redacted (7)
Aug 29, 2022 48 Exhibit I - Zahra Saad declaration (3)
Aug 26, 2022 47 Motion for Extension of Time to File Response/Reply (4)
Docket Text: MOTION for Extension of Time to File Response/Reply as to [36] MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defenses by All Defendants. (Galligan, Timothy)
Aug 16, 2022 46 Reply to Response to Motion (8)
Docket Text: REPLY to Response re [40] MOTION for Leave to File Second Amended Complaint filed by The Custard Hut Franchise LLC. (Barber, Joseph)
Aug 15, 2022 45 Notice of Hearing on Motion (1)
Docket Text: RE-NOTICE OF IN PERSON HEARING on [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority. Resolved/Unresolved Issues due by 9/2/2022,Motion Hearing RESET TO 9/9/2022 03:00 PM before Magistrate Judge Anthony P. Patti(**Hearing reset at Plaintiff's Counsel's request.**) (MWil)
Aug 10, 2022 44 Order to Extend Time to (Free) (1)
Docket Text: ORDER to Extend Time to Respond to [36] MOTION for Partial Summary Judgment. Response due by 8/24/2022. Signed by District Judge David M. Lawson. (SPin)
Aug 9, 2022 42 Stipulation (2)
Docket Text: STIPULATION re [36] MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defensesto extend due date for response by All Defendants (Galligan, Timothy)
Aug 9, 2022 43 Main Document (12)
Docket Text: RESPONSE to [40] MOTION for Leave to File Second Amended Complaint filed by All Defendants. (Attachments: # (1) Index of Exhibits Index, # (2) Exhibit 1 - New Store Announcement, # (3) Exhibit 2 - Z. Saad Declaration, # (4) Exhibit 3 - May 12, 2022 post (redacted), # (5) Exhibit 4 - unpublished opinion Knight Capital Partners v Henkel AG & Co) (Galligan, Timothy)
Aug 9, 2022 43 Index of Exhibits Index (1)
Aug 9, 2022 43 Exhibit 1 - New Store Announcement (2)
Aug 9, 2022 43 Exhibit 2 - Z. Saad Declaration (3)
Aug 9, 2022 43 Exhibit 3 - May 12, 2022 post (redacted) (2)
Aug 9, 2022 43 Exhibit 4 - unpublished opinion Knight Capital Partners v Henkel AG & Co (28)
Aug 3, 2022 N/A Set Motion and R&R Deadlines/Hearings (0)
Docket Text: TEXT-ONLY NOTICE as to [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority. Motion Hearing ADJOURNED TO 8/31/2022 10:30 AM before Magistrate Judge Anthony P. Patti. (MLan)
Aug 1, 2022 41 Notice of Hearing on Motion (1)
Docket Text: NOTICE OF IN PERSON HEARING on [40] MOTION for Leave to File Second Amended Complaint. Motion Hearing set for 11/22/2022 at 10:00 AM before District Judge David M. Lawson. (SPin)
Jul 26, 2022 40 Main Document (6)
Docket Text: MOTION for Leave to File Second Amended Complaint by The Custard Hut Franchise LLC. (Attachments: # (1) Exhibit 1 - Second Amended Complaint) (Barber, Joseph)
Jul 26, 2022 40 Exhibit 1 - Second Amended Complaint (35)
Jul 25, 2022 39 Order to Extend Time to (Free) (1)
Docket Text: ORDER to Extend Time to Respond to [36] MOTION for Partial Summary Judgment for Cybersquatting. Response due by 8/18/2022. Signed by District Judge David M. Lawson. (SPin)
Jul 22, 2022 38 Stipulation (2)
Docket Text: STIPULATION re [36] MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defensesto extend due date for response by All Defendants (Galligan, Timothy)
Jul 19, 2022 37 Notice of Hearing on Motion (1)
Docket Text: NOTICE OF IN PERSON HEARING on [36] MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defenses. Motion Hearing set for 11/22/2022 at 10:00 AM before District Judge David M. Lawson. (SPin)
Jul 13, 2022 36 Main Document (27)
Docket Text: MOTION for Partial Summary Judgment for Cybersquatting and Against Affirmative Defenses by The Custard Hut Franchise LLC. (Attachments: # (1) Index of Exhibits to Motion for Partial Summary Judgment for Cybersquatting and Affirmative Defenses, # (2) Exhibit 1 - Deposition Transcript of Jamal Jawad, # (3) Exhibit 2 - Declaration of Zahra Saad, # (4) Exhibit 3 - Custard Co Answers to Custard Hut's First Set of Interrogatories, # (5) Exhibit 4 - USPTO Notice of Publication (THE CUSTARD HUT), # (6) Exhibit 5 - Social Media Posts) (Barber, Joseph)
Jul 13, 2022 36 Index of Exhibits to Motion for Partial Summary Judgment for Cybersquatting and (1)
Jul 13, 2022 36 Exhibit 1 - Deposition Transcript of Jamal Jawad (66)
Jul 13, 2022 36 Exhibit 2 - Declaration of Zahra Saad (38)
Jul 13, 2022 36 Exhibit 3 - Custard Co Answers to Custard Hut's First Set of Interrogatorie (6)
Jul 13, 2022 36 Exhibit 4 - USPTO Notice of Publication (THE CUSTARD HUT) (2)
Jul 13, 2022 36 Exhibit 5 - Social Media Posts (5)
Jun 28, 2022 35 Main Document (6)
Docket Text: REPLY to Response re [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority filed by All Defendants. (Attachments: # (1) Index of Exhibits Index, # (2) Index of Exhibits 1 - social media posts, # (3) Exhibit 2 - declaration of T. Galligan) (Galligan, Timothy)
Jun 28, 2022 35 Index of Exhibits Index (1)
Jun 28, 2022 35 Index of Exhibits 1 - social media posts (18)
Jun 28, 2022 35 Exhibit 2 - declaration of T. Galligan (3)
Jun 22, 2022 31 Order on Motion to Seal (2)
Docket Text: STIPULATED ORDER granting [24] Motion to Seal. Signed by Magistrate Judge Anthony P. Patti. (MLan)
Jun 22, 2022 32 Notice of Hearing on Motion (1)
Docket Text: NOTICE OF IN PERSON HEARING on [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority. Resolved/Unresolved Issues due by 8/3/2022. Motion Hearing ADJOURNED TO 8/10/2022 10:30 AM before Magistrate Judge Anthony P. Patti. (MLan)
Jun 21, 2022 29 Main Document (12)
Docket Text: RESPONSE to [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority filed by The Custard Hut Franchise LLC. (Attachments: # (1) Index of Exhibits to Response in Opposition to Motion for Protective Order and Sanctions, # (2) Exhibit 1 - The Custard Hut's First Request for Production of Documents, # (3) Exhibit 2 - Declaration of Joseph W. Barber, # (4) Exhibit 3 - Declaration of Zahra Saad, # (5) Exhibit 4 - H&J Jawad LLC's Disclosures) (Barber, Joseph)
Jun 21, 2022 29 Index of Exhibits to Response in Opposition to Motion for Protective Order and S (1)
Jun 21, 2022 29 Exhibit 1 - The Custard Hut's First Request for Production of Documents (14)
Jun 21, 2022 29 Exhibit 2 - Declaration of Joseph W. Barber (22)
Jun 21, 2022 29 Exhibit 3 - Declaration of Zahra Saad (7)
Jun 21, 2022 29 Exhibit 4 - H&J Jawad LLC's Disclosures (3)
Jun 15, 2022 28 Notice of Hearing on Motion (1)
Docket Text: NOTICE OF IN PERSON HEARING on [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority, [24] MOTION to Seal [23] MOTION for Protective Order. Motion Hearing set for 7/13/2022 at 11:00 AM before Magistrate Judge Anthony P. Patti in Courtroom 672. (LHos)
Jun 9, 2022 27 Order Referring Motion to Magistrate Judge (1)
Docket Text: ORDER REFERRING MOTIONS to Magistrate Judge Anthony P. Patti: [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority, and [24] MOTION to Seal [23] MOTION for Protective Order. Signed by District Judge David M. Lawson. (SPin)
Jun 7, 2022 23 Main Document (14)
Docket Text: MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority by All Defendants. (Attachments: # (1) Index of Exhibits Index, # (2) Exhibit Exh. 1 - June 3, 2022 email, # (3) Exhibit Exh. 2 - May 12, 2022 post, # (4) Exhibit Exh. 3 - 30b6 dep notice) (Galligan, Timothy)
Jun 7, 2022 23 Index of Exhibits Index (1)
Jun 7, 2022 23 Exhibit Exh. 1 - June 3, 2022 email (12)
Jun 7, 2022 23 Exhibit Exh. 2 - May 12, 2022 post (2)
Jun 7, 2022 23 Exhibit Exh. 3 - 30b6 dep notice (7)
Jun 7, 2022 24 Main Document (4)
Docket Text: MOTION to Seal [23] MOTION for Protective Order and for Sanctions Under This Court's Inherent Authority by All Defendants. (Attachments: # (1) Index of Exhibits Index, # (2) Exhibit 1 - DeDecker Declaration (redacted), # (3) Exhibit 3 - Social media post (redacted)) (Galligan, Timothy)
Jun 7, 2022 24 Index of Exhibits Index (1)
Jun 7, 2022 24 Exhibit 1 - DeDecker Declaration (redacted) (7)
Jun 7, 2022 24 Exhibit 3 - Social media post (redacted) (3)
May 27, 2022 21 Answer to Amended Complaint (15)
Docket Text: ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Galligan, Timothy)
May 27, 2022 22 Statement of Disclosure of Corporate Affiliations (2)
Docket Text: STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by The Custard Company - Amoco LLC (Galligan, Timothy)
May 23, 2022 N/A Status Conference (0)
Docket Text: Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Status Conference held on 5/23/2022. (Court Reporter: None Present, Not on the Record) (SPin)
May 23, 2022 20 Order on Motion to Amend/Correct (2)
Docket Text: ORDER Granting [19] Motion to Amend Scheduling Order. Signed by District Judge David M. Lawson. (SPin)
May 18, 2022 19 Motion to Amend/Correct (4)
Docket Text: Joint MOTION to Amend/Correct Case Management and Scheduling Order by H & J JAWAD LLC d/b/a The Custard Company, The Custard Company - Amoco LLC. (Galligan, Timothy)
May 17, 2022 18 Certificate of Service/Summons Returned Executed (1)
Docket Text: CERTIFICATE of Service/Summons Returned Executed. The Custard Company - Amoco LLC served on 5/17/2022, answer due 6/7/2022. (Barber, Joseph)
May 16, 2022 17 Summons Issued (2)
Docket Text: SUMMONS Issued for *The Custard Company - Amoco LLC* (LHos)
May 13, 2022 N/A Request for Additional Summons (0)
Docket Text:REQUEST for SUMMONS for The Custard Company - Amoco LLC. (Barber, Joseph)
May 13, 2022 16 Main Document (32)
Docket Text: AMENDED COMPLAINT with Jury Demand filed by The Custard Hut Franchise LLC against H & J JAWAD LLC d/b/a The Custard Company, The Custard Company - Amoco LLC. NEW PARTIES ADDED. (Attachments: # (1) Index of Exhibits - First Amended Complaint, # (2) Exhibit 1 - The Custard Hut Instagram Logo, # (3) Exhibit 2 - The Custard Hut Facebook Logo, # (4) Exhibit 3 - The Custard Hut Store Sign, # (5) Exhibit 4 - The Custard Hut Trade Dress - New Store Hours Announcement on Instagram, # (6) Exhibit 5 - The Custard Hut Trade Dress - New Custard Flavor Announcement on Instagram, # (7) Exhibit 6 - The Custard Company Trade Dress - Wowffle Announcement on Facebook) (Barber, Joseph)
May 13, 2022 16 Index of Exhibits - First Amended Complaint (1)
May 13, 2022 16 Exhibit 1 - The Custard Hut Instagram Logo (2)
May 13, 2022 16 Exhibit 2 - The Custard Hut Facebook Logo (2)
May 13, 2022 16 Exhibit 3 - The Custard Hut Store Sign (2)
May 13, 2022 16 Exhibit 4 - The Custard Hut Trade Dress - New Store Hours Announcement on Instag (2)
May 13, 2022 16 Exhibit 5 - The Custard Hut Trade Dress - New Custard Flavor Announcement on Ins (2)
May 13, 2022 16 Exhibit 6 - The Custard Company Trade Dress - Wowffle Announcement on Facebook (2)
May 12, 2022 15 Order (1)
Docket Text: ORDER Granting Leave to File Amended Complaint. Signed by District Judge David M. Lawson. (SPin)
May 6, 2022 14 Stipulation (2)
Docket Text: STIPULATION to Amend Complaint and Extend Non-Trial Deadlines by The Custard Hut Franchise LLC (Barber, Joseph)
Mar 18, 2022 13 Order (4)
Docket Text: ORDER of Referral to Facilitative Mediation. TELEPHONIC Post ADR Status Conference set for 5/23/2022 at 4:00 PM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin)
Mar 17, 2022 N/A Text-Only Notice of Hearing Cancelled (0)
Docket Text: TEXT-ONLY NOTICE: Interim Status Conference on 3/21/2022 is Cancelled re Set Deadlines/Hearings. (SPin)
Mar 3, 2022 N/A Set Deadlines/Hearings (0)
Docket Text: Set Deadlines/Hearings: TELEPHONIC Interim Status Conference reset for 3/21/2022 at 4:00 PM before District Judge David M. Lawson. (SPin)
Jan 18, 2022 12 Protective Order (9)
Docket Text: STIPULATED PROTECTIVE ORDER. Signed by District Judge David M. Lawson. (SPin)
Jan 10, 2022 N/A Set/Reset Scheduling Order Deadlines (0)
Docket Text: Set/Reset Scheduling Order Deadlines: TELEPHONIC Interim Status Conference reset for 3/7/2022 at 4:00 PM before District Judge David M. Lawson. (SPin)
Nov 8, 2021 10 Answer to Complaint (12)
Docket Text: ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Galligan, Timothy)
Nov 8, 2021 11 Statement of Disclosure of Corporate Affiliations (2)
Docket Text: STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by H & J JAWAD LLC d/b/a The Custard Company (Galligan, Timothy)
Nov 4, 2021 N/A Scheduling Conference (0)
Docket Text: Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Scheduling Conference held on 11/4/2021. (Court Reporter: None Present, Not on the Record) (SPin)
Nov 4, 2021 9 Scheduling Order (11)
Docket Text: SCHEDULING ORDER: Interim Status Conference set for 3/2/2022 at 4:00 PM; Discovery due by 5/25/2022; Dispositive Motion Cut-off set for 6/13/2022; Final Pretrial Conference set for 1/25/2023 at 3:00 PM; Jury Trial set for 2/7/2023 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (SPin)
Oct 28, 2021 8 Discovery Plan - Rule 26f (9)
Docket Text: DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Barber, Joseph)
Oct 19, 2021 7 Notice to Appear (3)
Docket Text: NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 11/4/2021 at 11:00 AM before District Judge David M. Lawson. See image for document deadline. (SPin)
Sep 30, 2021 6 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Timothy E. Galligan on behalf of H & J JAWAD LLC d/b/a The Custard Company. (Galligan, Timothy)
Sep 21, 2021 5 Waiver of Service Executed (60 Day) (1)
Docket Text: WAIVER OF SERVICE Returned Executed. The Custard Hut Franchise LLC waiver sent on 9/10/2021, answer due 11/9/2021. (Barber, Joseph)
Sep 9, 2021 N/A Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option (0)
Docket Text: A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SOso)
Sep 9, 2021 1 Main Document (27)
Docket Text: COMPLAINT filed by The Custard Hut Franchise LLC against H & J JAWAD LLC d/b/a The Custard Company with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8608897 - Fee: $ 402. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # (1) Index of Exhibits Index of Exhibits - Complaint, # (2) Exhibit 1 - The Custard Hut Instagram Logo, # (3) Exhibit 2 - The Custard Hut Facebook Logo, # (4) Exhibit 3 - The Custard Hut Store Sign, # (5) Exhibit 4 - The Custard Hut Trade Dress - New Store Hours Announcement on Instagram, # (6) Exhibit 5 - The Custard Hut Trade Dress - New Custard Flavor Announcement on Instagram, # (7) Exhibit 6 - The Custard Company Trade Dress - Wowffle Announcement on Facebook) (Barber, Joseph)
Sep 9, 2021 1 Index of Exhibits Index of Exhibits - Complaint (1)
Sep 9, 2021 1 Exhibit 1 - The Custard Hut Instagram Logo (2)
Sep 9, 2021 1 Exhibit 2 - The Custard Hut Facebook Logo (2)
Sep 9, 2021 1 Exhibit 3 - The Custard Hut Store Sign (2)
Sep 9, 2021 1 Exhibit 4 - The Custard Hut Trade Dress - New Store Hours Announcement on Instag (2)
Sep 9, 2021 1 Exhibit 5 - The Custard Hut Trade Dress - New Custard Flavor Announcement on Ins (2)
Sep 9, 2021 1 Exhibit 6 - The Custard Company Trade Dress - Wowffle Announcement on Facebook (2)
Sep 9, 2021 2 Summons Issued (2)
Docket Text: SUMMONS Issued for *H & J JAWAD LLC d/b/a The Custard Company* (SOso)
Sep 9, 2021 3 Statement of Disclosure of Corporate Affiliations (2)
Docket Text: STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by The Custard Hut Franchise LLC (Barber, Joseph)
Sep 9, 2021 4 Patent/Copyright/Trademark Report (1)
Docket Text: Trademark Report Sent To Washington (Barber, Joseph)
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