Louisiana Western District Court
Judge:S Maurice Hicks, Jr
Referred: Kayla D Mcclusky
Case #: 5:24-cv-00442
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement
Case Filed:Mar 28, 2024
Terminated:Jul 08, 2024
Last checked: Tuesday Sep 24, 2024 3:19 AM CDT
Counter Claimant
Absolutely Abigails L L C
Represented By
Eskridge E Smith, Jr
contact info
Linda Lea Smith
contact info
Counter Defendant
Magnolia Pearl L L C
Represented By
Lindsay J Calhoun
Phelps Dunbar (no)
contact info
James Hanson Gilbert
Flanagan Partners
contact info
Defendant
Absolutely Abigails L L C
Represented By
Eskridge E Smith, Jr
contact info
Linda Lea Smith
contact info
Plaintiff
Magnolia Pearl L L C
Represented By
Lindsay J Calhoun
Phelps Dunbar (no)
contact info
James Hanson Gilbert
Flanagan Partners
contact info


Docket last updated: 04/27/2025 11:59 PM CDT
Monday, July 08, 2024
21 21 1 pgs utility AO 120 Report Regarding Patent or Trademark Tue 07/09 4:15 PM
AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (crt,Whitener, M)
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Att: 1 Order
20 20 1 pgs order Order Dismissing Case (30, 60, 90 day) Tue 07/09 1:46 PM
60 DAY ORDER DISMISSING CASE. Signed by Judge S Maurice Hicks, Jr on 7/8/2024. (crt,Keifer, K)
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Tuesday, June 18, 2024
utility Set/Reset Deadlines Tue 06/18 9:47 AM
Set/Reset Deadlines: Magnolia Pearl L L C answer due 7/17/2024. (crt,Leday, A)
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utility Set/Reset Hearings Tue 06/18 9:50 AM
Set/Reset Hearings: Scheduling Conference set for 7/22/2024 at 10:00 AM by phone before Magistrate Judge Kayla D McClusky. (crt,Leday, A)
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Monday, June 17, 2024
19 19 minutes Scheduling Conference Mon 06/17 1:52 PM
MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: SCHEDULING CONFERENCE held on 6/17/2024. Present were Lindsay Calhoun, counsel for plaintiff, and Linda Smith, counsel for Defendant. The parties are trying to amicably resolve this matter. In order to allow them the opportunity to do so, the deadline for all outstanding responsive pleadings is CONTINUED to July 17, 2024. Another telephone scheduling/status conference is set for July 22, 2024, at 10:00 a.m. If counsel believe that a settlement conference would be beneficial, they should contact my chambers. (jud,McClusky, Kayla)
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Monday, June 10, 2024
18 18 notice Notice of Availability of Magistrate Judges By Consent Mon 06/10 8:30 AM
NOTICE of Availability of Magistrate Judges By Consent. If you wish to proceed before the magistrate judge, please complete and return the appropriate form located on this court's website by clicking[LINK:here] . Executed consent forms must be emailed to lawdml_consents@lawd.uscourts.gov. DO NOT return the form to the judges. (crt,Leday, A)
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17 17 misc Rule 26(f) Report Mon 06/10 8:09 AM
Joint RULE 26(f) Report by Magnolia Pearl L L C and Absolutely Abigail's LLC . (aty,Calhoun, Lindsay) Modified on 6/10/2024 to add filer (Miletello, A)
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Thursday, June 06, 2024
16 16 order Order on Motion to Withdraw as Attorney Thu 06/06 4:59 PM
ELECTRONIC ORDER granting15 Motion to Withdraw as Attorney. IT IS ORDERED that James H. Gilbert (Bar # 36468) is hereby allowed to withdraw as counsel of record with Lindsay Calhoun of the law firm of Phelps Dunbar, LLP remaining as counsel for Magnolia Pearl, LLC. Signed by Magistrate Judge Kayla D McClusky on 6/6/2024. (jud,McClusky, Kayla)
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Tuesday, June 04, 2024
15 15 motion Withdraw as Attorney Tue 06/04 2:23 PM
Ex Parte MOTION to Withdraw James H. Gilbert as Attorney by Magnolia Pearl L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/4/2024.(aty,Calhoun, Lindsay)
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Att: 1 Proposed order
Monday, June 03, 2024
14 14 1 pgs order Order on Motion for Extension of Time to Answer Mon 06/03 5:06 PM
ORDER granting13 Motion for Extension of Time to Answer9 Counterclaim. Magnolia Pearl L L C answer due 7/3/2024. Signed by Magistrate Judge Kayla D McClusky on 6/3/2024. (crt,Leday, A)
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Friday, May 31, 2024
13 13 motion Extension of Time to File Answer Fri 05/31 1:27 PM
MOTION for Extension of Time to File Answer re9 Counterclaim with consent by Magnolia Pearl L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/31/2024.(aty,Calhoun, Lindsay) Modified docket text on 5/31/2024 (Whitener, M)
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Att: 1 Proposed order
Wednesday, May 15, 2024
12 12 1 pgs order Order Setting Scheduling Conference Wed 05/15 2:21 PM
ORDER: Scheduling Conference set for 6/17/2024 at 1:30 PM by phone before Magistrate Judge Kayla D McClusky. Rule 26 Conference between parties to take place before 6/3/2024. Initial Disclosures exchanged by 6/10/2024. Rule 26 Report due by 6/10/2024. Signed by Magistrate Judge Kayla D McClusky on 5/15/2024. (crt,Leday, A)
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Tuesday, May 14, 2024
11 11 order Jurisdictional Review Finding Tue 05/14 4:32 PM
ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Kayla D McClusky on 5/14/2024. (jud,McClusky, Kayla)
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Monday, May 13, 2024
10 10 misc Corporate Disclosure Statement Mon 05/13 1:05 PM
CORPORATE DISCLOSURE STATEMENT by Absolutely Abigails L L C. (aty,Smith, Linda)
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9 9 answer Answer to Complaint Counterclaim Mon 05/13 1:03 PM
DEFENDANT'S ANSWER to Complaint , AFFIRMATIVE DEFENSES AND COUNTERCLAIMS , COUNTERCLAIM against Magnolia Pearl L L C by Absolutely Abigails L L C.(aty,Smith, Linda)
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Tuesday, April 30, 2024
8 8 1 pgs order Order on Motion for Extension of Time to Answer Tue 04/30 1:40 PM
ORDER granting7 Motion for Extension of Time to Answer1 Complaint. Absolutely Abigails L L C answer due 5/13/2024. Signed by Magistrate Judge Kayla D McClusky on 4/30/2024. (crt,Leday, A)
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Monday, April 29, 2024
7 7 motion Extension of Time to File Answer Mon 04/29 10:11 AM
MOTION for Extension of Time to File Answer to1 Complaint with consent by Absolutely Abigails L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/29/2024. (Attorney Linda Lea Smith added to party Absolutely Abigails L L C(pty:dft))(aty,Smith, Linda) Modified docket entry relationship, modified docket text, and modified to reflect proposed order submitted within main document on 4/29/2024 (Whitener, M)
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Wednesday, April 10, 2024
6 6 service Affidavit of Service Wed 04/10 9:22 AM
AFFIDAVIT of Service for Complaint and Summons served on Absolutely Abigail's, LLC, through its agent of service, Donna S. Phillips on 04/09/2024, filed by Magnolia Pearl L L C. (aty,Gilbert, James)
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service Summons Returned Executed Wed 04/10 10:17 AM
SUMMONS Returned Executed by Magnolia Pearl L L C. Absolutely Abigails L L C served on 4/9/2024, answer due 4/30/2024. ADMINISTRATIVE ENTRY to capture correct filing event and answer due date. See pdf document filed as6 Affidavit of Service. (crt,Miletello, A)
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Tuesday, April 02, 2024
5 5 1 pgs utility AO 120 Report Regarding Patent or Trademark Tue 04/02 9:35 AM
AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (crt,Whitener, M)
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Att: 1 Complaint,
Att: 2 Docket sheet
4 4 service Summons Issued - All (Form Included) Tue 04/02 8:49 AM
SUMMONS ISSUED as to Absolutely Abigails L L C. (crt,Whitener, M)
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Thursday, March 28, 2024
3 3 misc Corporate Disclosure Statement Thu 03/28 8:49 PM
CORPORATE DISCLOSURE STATEMENT by Magnolia Pearl, LLC. (aty,Gilbert, James)
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2 2 service Proposed Summons Thu 03/28 8:42 PM
PROPOSED SUMMONS to be issued as to Absolutely Abigail's, LLC, submitted by Magnolia Pearl, LLC. (aty,Gilbert, James)
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1 1 15 pgs cmp Complaint Thu 03/28 8:41 PM
COMPLAINT against Absolutely Abigail's, LLC with Jury Demand (Filing fee $405, receipt number ALAWDC-5899819) filed by Magnolia Pearl, LLC.(Attorney James Hanson Gilbert added to party Magnolia Pearl, LLC(pty:pla))(aty,Gilbert, James)
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Att: 1 Exhibit 01 Master Agreement,
Att: 2 Exhibit 02 Trademarks,
Att: 3 Exhibit 03 Invoices,
Att: 4 Exhibit 04 Correspondence,
Att: 5 Exhibit 05 Website,
Att: 6 Exhibit 06 Correspondence,
Att: 7 Exhibit 07 Correspondence,
Att: 8 Civil cover sheet
utility Case Assigned/Reassigned Tue 04/02 8:47 AM
CASE Assigned to Judge S Maurice Hicks, Jr and Magistrate Judge Kayla D McClusky. (crt,Whitener, M)
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