Banning et al v. Carreras et al (2:23-cv-07261), Louisiana Eastern District Court

Banning et al v. Carreras et al

Louisiana Eastern District Court
Judge:	Lance M Africk
Referred:	Michael North
Case #:	2:23-cv-07261
Nature of Suit	840 Property Rights - Trademark
Cause	15:1051 Trademark Infringement

Case Filed:	Dec 11, 2023
Terminated:	Mar 20, 2024

Docket
Parties (6)

Last checked: Saturday Jun 08, 2024 3:36 AM CDT

Defendant 3226 Magazine Properties, LLC	Represented By Douglass F. Wynne, Jr. Simon, Peragine, Smith & Redfearn, Llp (new Orleans) contact info Douglas R. Kraus Brener & Kraus, LLC contact info Benjamin R. Grau Simon, Peragine, Smith And Redfearn, LLP contact info Susannah C. McKinney Brener & Kraus, LLC contact info Joshua D. Ecuyer Simon, Peragine, Smith & Redfearn, LLP contact info Susannah C McKinney Brener & Kraus, LLC contact info Suzette Toledano Toledano Entertainment & Arts Law contact info
Defendant Jaimee Carreras	Represented By Douglass F. Wynne, Jr. Simon, Peragine, Smith & Redfearn, Llp (new Orleans) contact info Douglas R. Kraus Brener & Kraus, LLC contact info Benjamin R. Grau Simon, Peragine, Smith And Redfearn, LLP contact info Joshua D. Ecuyer Simon, Peragine, Smith & Redfearn, LLP contact info Susannah C McKinney Brener & Kraus, LLC contact info Suzette Toledano Toledano Entertainment & Arts Law contact info
Defendant Jeffery Carreras	Represented By Douglass F. Wynne, Jr. Simon, Peragine, Smith & Redfearn, Llp (new Orleans) contact info Douglas R. Kraus Brener & Kraus, LLC contact info Benjamin R. Grau Simon, Peragine, Smith And Redfearn, LLP contact info Joshua D. Ecuyer Simon, Peragine, Smith & Redfearn, LLP contact info Susannah C McKinney Brener & Kraus, LLC contact info Suzette Toledano Toledano Entertainment & Arts Law contact info
Plaintiff 2604 Magazine Properties, LLC	Represented By Adam Vincent Vickers Intellectual Property Consulting, LLC contact info Gregory D. Latham Intellectual Property Consulting, L.L.C. contact info
Plaintiff Kimberlee Banning	Represented By Adam Vincent Vickers Intellectual Property Consulting, LLC contact info Gregory D. Latham Intellectual Property Consulting, L.L.C. contact info
Plaintiff Mark Bruser	Represented By Adam Vincent Vickers Intellectual Property Consulting, LLC contact info Gregory D. Latham Intellectual Property Consulting, L.L.C. contact info

Docket last updated: 09/17/2024 11:59 PM CDT

Wednesday, March 20, 2024
38		38 1 pgs order Order Staying Case Wed 03/20 11:16 AM ORDER that the above-captioned matter is stayed and administratively closed until further order of this Court. FURTHER ORDERED that any party may file a written motion to reopen the above-captioned case in the event that the parties are unable to reach a final settlement agreement. Signed by Judge Lance M Africk on 03/19/2024.(ko) Related: [-]
Friday, March 15, 2024
37		37 1 pgs minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Fri 03/15 11:10 AM ORDER that the submission date on26 MOTION for Preliminary Injunction and30 MOTION to Dismiss are re-set to 3/22/2024. The parties' respective replies shall be due no later than 03/20/2024. Signed by Judge Lance M Africk on 03/14/2024.(ko) Related: [-]
Thursday, March 14, 2024
36		36 1 pgs minutes Settlement Conference Set Hearings Fri 03/15 9:27 AM Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 3/14/2024. Negotiations were productive. The settlement conference will be reconvened on March 19, 2024 at 1:00 p.m., Room B419, Hale Boggs Building, 500 Poydras Street, New Orleans, Louisiana. (rt) Related: [-]
Wednesday, March 13, 2024
35		35 27 pgs respm Response/Memorandum in Opposition to Motion Wed 03/13 2:55 PM RESPONSE/MEMORANDUM in Opposition filed by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras re26 MOTION for Preliminary Injunction.(ko) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit,
		Att: 8 Exhibit,
		Att: 9 Exhibit,
		Att: 10 Exhibit,
		Att: 11 Exhibit,
		Att: 12 Exhibit,
		Att: 13 Exhibit,
		Att: 14 Exhibit
34		34 1 pgs order Order on Motion for Leave to File Wed 03/13 2:51 PM ORDER granting32 Motion for Leave to File Memorandum in Opposition in Excess of Page Limitations. Signed by Judge Lance M Africk on 03/13/2024. (ko) Related: [-]
Tuesday, March 12, 2024
33		33 12 pgs respm Response/Memorandum in Opposition to Motion Tue 03/12 10:15 PM RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re30 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Latham, Gregory) Related: [-]
32		32 2 pgs motion Leave to File Document Tue 03/12 7:52 PM EXPARTE/CONSENT MOTION for Leave to File Memorandum in Opposition to Plaintiffs' Reurged Motion for Preliminary Injunction That Is in Excess of the Page Limits by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras.(Grau, Benjamin) Related: [-]
		Att: 1 Proposed Order,
		Att: 2 27 pgs Proposed Pleading,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit,
		Att: 8 Exhibit,
		Att: 9 Exhibit,
		Att: 10 Exhibit,
		Att: 11 Exhibit,
		Att: 12 Exhibit,
		Att: 13 Exhibit,
		Att: 14 Exhibit,
		Att: 15 Exhibit,
		Att: 16 Exhibit
Monday, March 11, 2024
31		31 2 pgs order Order Set Hearings Mon 03/11 12:40 PM ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in the above matter is hereby SCHEDULED for March 14, 2024 at 1:00 p.m. before Magistrate Judge Michael B. North, Room B419, Hale Boggs Building, 500 Poydras Street, New Orleans, Louisiana. Each party shall provide, in confidence, a concise settlement memorandum. This memorandum shall be submitted at least two (2) full business days before the conference. The memorandum shall be emailed directly to: efile-north@laed.uscourts.gov. Signed by Magistrate Judge Michael North on 3/11/2024.(cs) Related: [-]
Wednesday, March 06, 2024
30		30 motion Dismiss/Failure to State a Claim/FRCP12(b)(6) Dismiss/Lack of Jurisdiction Wed 03/06 11:28 AM MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras. Motion(s) will be submitted on 3/20/2024.(Kraus, Douglas) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Notice of Submission
Tuesday, March 05, 2024
29		29 3 pgs motion Dismiss/Lack of Jurisdiction Dismiss/Failure to State a Claim/FRCP12(b)(6) Tue 03/05 12:34 PM MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras. Motion(s) will be submitted on 3/20/2024.(Kraus, Douglas) Related: [-]
		Att: 1 27 pgs Memorandum in Support,
		Att: 2 Notice of Submission
Monday, March 04, 2024
28		28 1 pgs order Order Mon 03/04 11:39 AM ORDER re27 Request/Statement of Oral Argument. The Court declines to schedule oral argument at this time. If, at a later date, the Court finds that oral argument would be helpful, counsel will be notified. Signed by Judge Lance M Africk on 03/04/2024.(ko) Related: [-]
Thursday, February 29, 2024
27		27 3 pgs misc Request/Statement of Oral Argument Thu 02/29 1:35 PM Request/Statement of Oral Argument by 2604 Magazine Properties, LLC, Kimberlee Banning, Mark Bruser regarding26 MOTION for Preliminary Injunction(Vickers, Adam) Related: [-]
		Att: 1 1 pgs Proposed Order
Monday, February 26, 2024
26		26 3 pgs motion Preliminary Injunction Mon 02/26 4:10 PM MOTION for Preliminary Injunction by 2604 Magazine Properties, LLC, Kimberlee Banning, Mark Bruser. Motion(s) will be submitted on 3/20/2024.(ko) Related: [-]
		Att: 1 31 pgs Memorandum in Support,
		Att: 2 Declaration of Adam Vickers,
		Att: 3 Exhibit 1,
		Att: 4 Exhibit 2,
		Att: 5 Exhibit 3,
		Att: 6 Exhibit 4,
		Att: 7 Exhibit 5,
		Att: 8 Exhibit 6,
		Att: 9 Exhibit 7,
		Att: 10 Notice of Submission
25		25 cmp Amended Complaint Mon 02/26 4:06 PM AMENDED COMPLAINT with Jury Demand against 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras filed by Kimberlee Banning, 2604 Magazine Properties, LLC, Mark Bruser.(ko) Related: [-]
24		24 2 pgs order Order on Motion to Dismiss/Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Extension of Deadlines Order on Motion for Leave to File Order on Motion for Leave to File Excess Pages Order on Motion to Enroll as Co Mon 02/26 4:04 PM ORDER granting21 Motion for Leave to File Amended Complaint. FURTHER ORDERED that22 Motion for Leave to File Excess Pages is granted. FURTHER ORDERED that20 Motion to Extend Submission Date of Plaintiff's Proposed Motion for a Preliminary Injunction is granted. Plaintiffs' motion for a preliminary injunction shall be set for submission on 03/20/2024. FURTHER ORDERED that23 Motion to Enroll as Counsel of Record for Attorney Benjamin R. Grau, Douglass F. Wynne, Jr, Joshua D. Ecuyer, Suzette Toledano as to defendants is granted. FURTHER ORDERED that12 Motion to Dismiss for Lack of Jurisdiction is dismissed as moot without prejudice to defendants' right to file a motion to dismiss plaintiffs' first amended complaint if appropriate. Any such re-urged motion to dismiss shall be set for submission on 03/20/2024. Signed by Judge Lance M Africk on 02/26/2024. (ko) Related: [-]
Friday, February 23, 2024
23		23 2 pgs motion Enroll as Counsel of Record Fri 02/23 2:57 PM EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras.(Kraus, Douglas) Related: [-]
		Att: 1 1 pgs Proposed Pleading
22		22 3 pgs motion File Excess Pages Fri 02/23 2:27 PM EXPARTE/CONSENT MOTION for Leave to File Excess Pages by 2604 Magazine Properties, LLC, Kimberlee Banning.(Vickers, Adam) Related: [-]
		Att: 1 Proposed Order,
		Att: 2 Proposed Pleading Re-Urged Motion for Preliminary Injunction,
		Att: 3 31 pgs Memorandum in Support,
		Att: 4 Statement Declaration of Adam Vickers,
		Att: 5 Exhibit 1 - Banning Declaration,
		Att: 6 Exhibit 2 - Bruser Declaration,
		Att: 7 Exhibit 3 - Membership Interest Agreement,
		Att: 8 Exhibit 4 - Lease Agreement,
		Att: 9 59 pgs Exhibit 5 - Jeff Carreras Depo,
		Att: 10 Exhibit 6 - Jaimee Carreras Depo,
		Att: 11 Exhibit 7 - Fraudulent Trademark Assignment,
		Att: 12 Notice of Submission
21		21 motion Leave to File Document Fri 02/23 1:35 PM EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by 2604 Magazine Properties, LLC, Kimberlee Banning.(Vickers, Adam) Related: [-]
		Att: 1 Proposed Pleading,
		Att: 2 Complaint
20		20 2 pgs motion Extension of Deadlines Fri 02/23 10:28 AM EXPARTE/CONSENT MOTION for Extension of Submission Date by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras.(Kraus, Douglas) Modified on 2/23/2024 (ko) Related: [-]
		Att: 1 Proposed Order
Thursday, February 22, 2024
19		19 motion Leave to File Document Thu 02/22 4:33 PM EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by 2604 Magazine Properties, LLC, Kimberlee Banning.(Vickers, Adam) Related: [-]
		Att: 1 Proposed Order
18		18 3 pgs motion File Excess Pages Thu 02/22 4:12 PM EXPARTE/CONSENT MOTION for Leave to File Excess Pages by 2604 Magazine Properties, LLC, Kimberlee Banning.(Vickers, Adam) Related: [-]
		Att: 1 Proposed Order
Tuesday, February 20, 2024
17		17 motion Preliminary Injunction Tue 02/20 5:38 PM MOTION for Preliminary Injunction by 2604 Magazine Properties, LLC, Kimberlee Banning. Motion(s) will be submitted on 3/6/2024.(Vickers, Adam) Related: [-]
		Att: 1 31 pgs Memorandum in Support,
		Att: 2 45 pgs Statement Declaration of Adam Vickers,
		Att: 3 Exhibit 1 - Banning Declaration,
		Att: 4 Exhibit 2 - Bruser Declaration,
		Att: 5 Exhibit 3 - Membership Interest Agreement,
		Att: 6 Exhibit 4 - Lease Agreement,
		Att: 7 Exhibit 5 - Jeff Carreras Depo,
		Att: 8 35 pgs Exhibit 6 - Jaimee Carreras Depo,
		Att: 9 Exhibit 7 - Fraudulent Trademark Assignment,
		Att: 10 Notice of Submission
16		16 27 pgs cmp Amended Complaint Tue 02/20 11:23 AM First AMENDED COMPLAINT with Jury Demand against 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras filed by Kimberlee Banning, 2604 Magazine Properties, LLC.(Vickers, Adam) Related: [-]
Thursday, February 08, 2024
15		15 1 pgs order Order Setting/Resetting Hearing on Motion ~Util - Terminate Motions Thu 02/08 2:53 PM ORDER granting14 MOTION to Expedite Consideration of Motion to Continue Submission Date . FURTHER ORDERED that the13 MOTION to Continue Submission Date is granted. The submission date for12 MOTION to Dismiss is re-set to 3/6/2024. Signed by Judge Lance M Africk on 02/08/2024.(ko) Related: [-]
14		14 motion Expedite Thu 02/08 10:35 AM EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Continue Submission Date by 2604 Magazine Properties, LLC, Kimberlee Banning.(Vickers, Adam) Modified on 2/8/2024 - edit text to remove submission date (blg) Related: [-]
		Att: 1 Proposed Order
13		13 2 pgs motion Continue Thu 02/08 10:29 AM MOTION to Continue Submission Date by 2604 Magazine Properties, LLC, Kimberlee Banning. Motion(s) will be submitted on 3/6/2024.(Vickers, Adam) Related: [-]
		Att: 1 3 pgs Memorandum in Support,
		Att: 2 Proposed Order,
		Att: 3 Notice of Submission
Friday, January 26, 2024
12		12 2 pgs motion Dismiss/Failure to State a Claim/FRCP12(b)(6) Dismiss/Lack of Jurisdiction Fri 01/26 3:50 PM MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras. Motion(s) will be submitted on 2/21/2024.Attorney Douglas R. Kraus added to party Jaimee Carreras(pty:dft), Attorney Douglas R. Kraus added to party Jeffery Carreras(pty:dft).(Kraus, Douglas) Related: [-]
		Att: 1 18 pgs Memorandum in Support,
		Att: 2 Notice of Submission
Tuesday, January 23, 2024
11		11 1 pgs minutes Status Conference Wed 01/24 11:30 AM Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Status Conference held on 1/23/2024. The parties discussed an issue that arose during a deposition. (lb) Related: [-]
Wednesday, January 10, 2024
10		10 1 pgs minutes Status Conference Wed 01/10 2:53 PM Minute Entry for proceedings held before Magistrate Judge Michael North: Status Conference held on 1/10/2024. For the reasons stated, the parties shall proceed as discussed at the conference. (cs) Related: [-]
Wednesday, January 03, 2024
9		9 minutes Telephone Conference Order on Motion for Preliminary Injunction Wed 01/03 5:02 PM Minute Order. Proceedings held before Judge Lance M Africk: Telephone Conference held on 1/3/2024. ORDERED that all defendants shall file their answer(s) no later than 01/26/2024. FURTHER ORDERED that the parties shall confer to set a discovery schedule for limited discovery, as set forth herein. FURTHER ORDERED that, with plaintiffs' consent and based on the need to take limited discovery in connection with the motion, plaintiffs'8 Motion for Preliminary Injunction is dismissed without prejudice to plaintiffs' right to re-urge it as appropriate after the parties' limited discovery is complete. (ko) Related: [-]
8		8 3 pgs motion Preliminary Injunction Wed 01/03 10:59 AM MOTION for Preliminary Injunction by 2604 Magazine Properties, LLC, Kimberlee Banning. Motion(s) will be submitted on 2/7/2024.(Vickers, Adam) Related: [-]
		Att: 1 26 pgs Memorandum in Support,
		Att: 2 Exhibit 1,
		Att: 3 Exhibit 2,
		Att: 4 1 pgs Exhibit 3,
		Att: 5 Exhibit 4,
		Att: 6 Exhibit 5,
		Att: 7 Exhibit 6,
		Att: 8 Exhibit 7,
		Att: 9 Exhibit 8,
		Att: 10 Notice of Submission
Thursday, December 21, 2023
7		7 1 pgs order Order on Motion for Extension of Time to Answer Thu 12/21 2:34 PM ORDER granting6 Motion for Extension of Time to Answer re1 Complaint, as to 3226 Magazine Properties, LLC answer due 1/26/2024. Signed by Judge Lance M Africk on 12/21/2023. (ko) Related: [-]
6		6 motion Extension of Time to Answer Thu 12/21 9:31 AM EXPARTE/CONSENT MOTION for Extension of Time to Answer by 3226 Magazine Properties, LLC.Attorney Douglas R. Kraus added to party 3226 Magazine Properties, LLC(pty:dft).(Kraus, Douglas) Related: [-]
		Att: 1 Proposed Order
Tuesday, December 12, 2023
5		5 service Summons Issued Tue 12/12 3:04 PM Summons Issued as to 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras.(js) Related: [-]
		Att: 1 Summons,
		Att: 2 Summons
4		4 1 pgs misc AO 120 Report Regarding Patent & Trademark Tue 12/12 2:59 PM AO 120 Report Regarding Patent & Trademark. (js) Related: [-]
3		3 misc Correction of Docket Entry by Clerk Tue 12/12 2:58 PM Correction of Docket Entry by Clerk re1 Complaint. Filing attorney did not properly format the pdf of the Civil Cover Sheet or the Summons. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (js) Related: [-]
Monday, December 11, 2023
2		2 misc Initial Case Assignment Mon 12/11 4:03 PM Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Michael North. (mb) Related: [-]
1		1 15 pgs cmp Complaint Mon 12/11 3:52 PM COMPLAINT with jury demand against 3226 Magazine Properties, LLC, Jaimee Carreras, Jeffery Carreras (Fee previously paid) filed by Kimberlee K. Banning, 2604 Magazine Properties, LLC.Attorney Adam Vincent Vickers added to party 2604 Magazine Properties, LLC(pty:pla), Attorney Adam Vincent Vickers added to party Kimberlee K. Banning(pty:pla).(Vickers, Adam) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summons - Jaimee Carreras,
		Att: 3 Summons - Jeffery Carreras,
		Att: 4 Summons - 3226 Magazine Properties,
		Att: 5 6 pgs Exhibit A,
		Att: 6 10 pgs Exhibit B,
		Att: 7 12 pgs Exhibit C,
		Att: 8 8 pgs Exhibit D
		misc Filing Fee Received Mon 12/11 3:59 PM Filing fee received from Adam Vincent Vickers: Receipt No. ALAEDC-10312496 $ 405.00 (mb) Related: [-]

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