Jack In The Box Inc. et al v. San-Tex Restaurants, Inc. et al
| Texas Western District Court | |
| Judge: | Xavier Rodriguez |
| Case #: | 5:20-cv-00328 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 15:1125 Trademark Infringement (Lanham Act) |
| Case Filed: | Mar 16, 2020 |
| Terminated: | Feb 26, 2021 |
| Last checked: Saturday Sep 12, 2020 4:40 AM CDT |
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Counter Defendant
Different Rules, LLC
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Represented By
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Counter Defendant
Jack In The Box Inc.
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Represented By
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Counter Defendant
Jack In The Box Properties, LLC
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Represented By
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Counter Defendant
Jack in the Box Eastern Division LP
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Represented By
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Counter Plaintiff
San-Tex Restaurants, Inc.
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Represented By
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Defendant
Atour Eyvazian
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Represented By
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Defendant
San-Tex Restaurants, Inc.
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Represented By
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Defendant
Anil S. Yadav
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Represented By
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Defendant
Vandana Yadav
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Represented By
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Plaintiff
Jack In The Box Inc.
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Represented By
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Plaintiff
Jack in the Box Eastern Division LP
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Represented By
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Plaintiff
Different Rules, LLC
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Represented By
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Plaintiff
Jack In The Box Properties, LLC
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Represented By
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GPO
Jan 14 2021
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) |
| Docket last updated: 09/17/2024 11:59 PM CDT |
| Friday, February 26, 2021 | ||
| 45 | 45
misc
Report on Patent/Trademark (AO-120)
Fri 02/26 1:01 PM
Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (wg) |
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| 44 | 44
misc
Stipulation of Dismissal
Fri 02/26 11:12 AM
STIPULATION of Dismissal with Prejudice by Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (Salkowski, Robert) |
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| Friday, January 15, 2021 | ||
| 43 | 43
4
pgs
order
Order ~Util - Terminate Motions ~Util - Set Deadlines/Hearings
Fri 01/15 11:15 AM
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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| 42 | 42
misc
Advisory to the Court
Fri 01/15 11:13 AM
ADVISORY TO THE COURT by San-Tex Restaurants, Inc. David Ortega Vacation Letter . (Ortega, David) |
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| Thursday, January 14, 2021 | ||
| 41 | 41
26
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 01/15 9:25 AM
ORDER GRANTING IN PART AND DENYING IN PART26 Motion to Dismiss for Failure to State a Claim; GRANTING IN PART AND DENYING IN PART36 Motion to Dismiss for Failure to State a Claim Signed by Judge Xavier Rodriguez. (wg) |
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| 40 | 40
motion
Extend Scheduling Order Deadlines
Thu 01/14 2:39 PM
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.(Crouch, Amanda) |
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Att: 1
Exhibit A
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| Wednesday, December 30, 2020 | ||
| 39 | 39
notice
Notice
Wed 12/30 4:40 PM
NOTICE of Designation of E-Mail Addresses by Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav (Rizk, Beshoy) |
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| Monday, October 19, 2020 | ||
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utility
Notice of Correction
Mon 10/19 9:00 AM
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) |
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| Thursday, October 15, 2020 | ||
| 38 | 38
respm
Response in Opposition to Motion
Thu 10/15 3:26 PM
Response in Opposition to Motion, filed by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC, Jack in the Box Eastern Division LP, re36 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) |
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| Thursday, October 08, 2020 | ||
| 37 | 37
respm
Response in Opposition to Motion
Thu 10/08 4:55 PM
Response in Opposition to Motion, filed by San-Tex Restaurants, Inc., re36 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) |
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| Thursday, September 24, 2020 | ||
| 36 | 36
motion
Dismiss for Failure to State a Claim
Thu 09/24 5:48 PM
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.(Crouch, Amanda) |
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Att: 1
Proposed Order
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| Wednesday, September 16, 2020 | ||
| 35 | 35
9
pgs
order
Order ~Util - Terminate Motions
Wed 09/16 4:12 PM
CONFIDENTIALITY AND PROTECTIVE ORDER re33 Agreed MOTION for Protective Order filed by Jack In The Box Inc., Signed by Judge Xavier Rodriguez. (wg) |
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| 34 | 34
misc
Response
Wed 09/16 8:35 AM
RESPONSE Letter to Judge by Jack In The Box Properties, LLC. (Crouch, Amanda) |
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order
Order on Motion to Dismiss for Failure to State a Claim
Wed 09/16 12:02 PM
Text Order TAKING UNDER ADVISEMENT26 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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| Tuesday, September 15, 2020 | ||
| 33 | 33
motion
Protective Order
Tue 09/15 4:37 PM
Agreed MOTION for Protective Order by Jack In The Box Inc..(Crouch, Amanda) |
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Att: 1
Proposed Order
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| Thursday, September 10, 2020 | ||
| 32 | 32
cmp
Amended Counterclaim
Thu 09/10 4:06 PM
AMENDED COUNTERCLAIM against All Defendants amending18 Answer to Amended Complaint, Counterclaim., filed by Vandana Yadav, San-Tex Restaurants, Inc., Anil S. Yadav.(Ortega, David) |
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| Wednesday, September 09, 2020 | ||
| 31 | 31
51
pgs
transcript
Transcript Filed
Wed 09/09 10:59 AM
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) |
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| Tuesday, September 01, 2020 | ||
| 30 | 30
respm
Reply to Response to Motion
Tue 09/01 5:12 PM
REPLY to Response to Motion, filed by Different Rules, LLC, Jack In The Box Inc., re26 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) |
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| Thursday, August 27, 2020 | ||
| 29 | 29
minutes
Status Conference
Mon 08/31 12:45 PM
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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order
Order on Motion to Dismiss for Failure to State a Claim
Thu 08/27 3:27 PM
Text Order TAKING UNDER ADVISEMENT26 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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| Tuesday, August 25, 2020 | ||
| 28 | 28
respm
Response in Opposition to Motion
Tue 08/25 5:30 PM
Response in Opposition to Motion, filed by San-Tex Restaurants, Inc., re26 Motion to Dismiss for Failure to State a Claim filed by Counter Defendant Different Rules, LLC, Counter Defendant Jack In The Box Inc.(Ortega, David) |
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Att: 1
Exhibit 1
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| Wednesday, August 19, 2020 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/19 12:03 PM
Text Order GRANTING27 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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| Tuesday, August 18, 2020 | ||
| 27 | 27
motion
Extension of Time to File Response/Reply
Tue 08/18 4:18 PM
Defendants/Counter Plaintiffs Unopposed MOTION for Extension of Time to File Response/Reply as to26 Motion to Dismiss for Failure to State a Claim by San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (Ortega, David) |
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| Tuesday, August 04, 2020 | ||
| 26 | 26
motion
Dismiss for Failure to State a Claim
Tue 08/04 4:48 PM
Motion to Dismiss for Failure to State a Claim by Different Rules, LLC, Jack In The Box Inc..(Crouch, Amanda) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Proposed Order Proposed Order
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| Monday, July 27, 2020 | ||
| 25 | 25
order
Scheduling Order
Mon 07/27 11:03 AM
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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| 24 | 24
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Mon 07/27 10:59 AM
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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| Friday, July 24, 2020 | ||
| 23 | 23
misc
Scheduling Recommendations/Proposed Scheduling Order
Fri 07/24 3:28 PM
Scheduling Recommendations/Proposed Scheduling Order by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC. (Crouch, Amanda) |
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| 22 | 22
misc
Rule 26(f) Discovery Report/Case Management Plan
Fri 07/24 3:18 PM
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) |
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| 21 | 21
misc
Non-Consent to Trial by US Magistrate Judge
Fri 07/24 2:57 PM
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) |
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| Thursday, July 23, 2020 | ||
| 20 | 20
misc
Non-Consent to Trial by US Magistrate Judge
Thu 07/23 4:34 PM
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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| Tuesday, July 21, 2020 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 07/21 8:54 AM
Text Order GRANTING19 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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| Monday, July 20, 2020 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Mon 07/20 5:10 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to18 Answer to Amended Complaint, Counterclaim by Different Rules, LLC, Jack In The Box Inc..(Crouch, Amanda) |
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Att: 1
Proposed Order Proposed Order
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| Tuesday, June 30, 2020 | ||
| 18 | 18
answer
Answer to Amended Complaint Counterclaim
Tue 06/30 2:56 PM
Defendants' ANSWER to15 Amended Complaint,, , COUNTERCLAIM against All Plaintiffs by San-Tex Restaurants, Inc..(Ortega, David) |
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| Thursday, June 25, 2020 | ||
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order
Order on Motion to Dismiss
Thu 06/25 9:23 AM
Text Order DENYING9 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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| Wednesday, June 24, 2020 | ||
| 17 | 17
9
pgs
order
Order for Scheduling Recommendations/Proposed Sched Order Notice of Right to Consent to Magistrate Trial
Wed 06/24 11:01 AM
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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| Tuesday, June 02, 2020 | ||
| 16 | 16
respm
Response to Motion
Tue 06/02 5:13 PM
RESPONSE to Motion, filed by Different Rules, LLC, Jack In The Box Inc., Jack In The Box Properties, LLC, re9 MOTION to Dismiss filed by Defendant San-Tex Restaurants, Inc.(Crouch, Amanda) |
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Att: 1
Exhibit A
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| 15 | 15
cmp
Amended Complaint
Tue 06/02 5:09 PM
AMENDED COMPLAINT against All Defendants amending1 Complaint,., filed by Jack In The Box Inc., Different Rules, LLC, Jack In The Box Properties, LLC.(Crouch, Amanda) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibit E,
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Att: 6
Exhibit Exhibit F,
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Att: 7
Exhibit Exhibit G,
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Att: 8
Exhibit Exhibit H,
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Att: 9
Exhibit Exhibit I,
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Att: 10
Exhibit Exhibit J,
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Att: 11
Exhibit Exhibit K,
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Att: 12
Exhibit Exhibit L,
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Att: 13
Exhibit Exhibit M
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| Tuesday, May 26, 2020 | ||
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order
Order on Motion to Appear Pro Hac Vice
Tue 05/26 8:37 AM
Text Order GRANTING12 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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order
Order on Motion to Appear Pro Hac Vice
Tue 05/26 8:38 AM
Text Order GRANTING13 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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order
Order on Motion to Appear Pro Hac Vice
Tue 05/26 8:39 AM
Text Order GRANTING14 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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| Friday, May 22, 2020 | ||
| 14 | 14
motion
Appear Pro Hac Vice
Fri 05/22 4:06 PM
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..(Ortega, David) |
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Att: 1
Proposed Order
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| 13 | 13
motion
Appear Pro Hac Vice
Fri 05/22 4:02 PM
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..(Ortega, David) |
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Att: 1
Proposed Order
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| 12 | 12
motion
Appear Pro Hac Vice
Fri 05/22 3:58 PM
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..(Ortega, David) |
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Att: 1
Proposed Order
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| Wednesday, May 20, 2020 | ||
| 11 | 11
misc
Pro Hac Vice Letter
Wed 05/20 11:21 AM
Pro Hac Vice Letter sent to atty: Robert Zarco. (wg) |
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| 10 | 10
misc
Pro Hac Vice Letter
Wed 05/20 11:20 AM
Pro Hac Vice Letter sent to atty: Robert F. Salkowski. (wg) |
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| Tuesday, May 19, 2020 | ||
| 9 | 9
motion
Dismiss
Tue 05/19 4:25 PM
MOTION to Dismiss by San-Tex Restaurants, Inc..(Ortega, David) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| Monday, May 11, 2020 | ||
| 8 | 8
service
Waiver of Service Executed
Mon 05/11 9:25 AM
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) |
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| 7 | 7
service
Waiver of Service Executed
Mon 05/11 9:23 AM
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) |
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| Thursday, April 16, 2020 | ||
| 6 | 6
service
Summons Returned Executed
Thu 04/16 4:05 PM
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) |
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| 5 | 5
service
Summons Returned Executed
Thu 04/16 3:02 PM
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) |
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| Monday, March 30, 2020 | ||
| 4 | 4
service
Summons Issued
Mon 03/30 4:34 PM
Summons Issued as to Atour Eyvazian, San-Tex Restaurants, Inc., Anil S. Yadav, Vandana Yadav. (wg) |
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| 3 | 3
service
Request for Issuance of Summons
Mon 03/30 12:00 PM
REQUEST FOR ISSUANCE OF SUMMONS by Jack In The Box Inc., Jack in the Box Eastern Division LP. (Crouch, Amanda) |
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| Monday, March 16, 2020 | ||
| 2 | 2
misc
Report on Patent/Trademark (AO-120)
Wed 03/18 1:50 PM
Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (wg) |
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| 1 | 1
28
pgs
cmp
Complaint
Mon 03/16 8:10 PM
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.(Crouch, Amanda) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibit E,
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Att: 6
Exhibit Exhibit F,
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Att: 7
Exhibit Exhibit G,
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Att: 8
Exhibit Exhibit H,
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Att: 9
Exhibit Exhibit I,
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Att: 10
Civil Cover Sheet Civil Cover Sheet
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utility
Case Assigned/Reassigned
Tue 03/17 8:43 AM
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) |
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misc
To be Referred to SA Mag Judge
Tue 03/17 8:44 AM
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg) |
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