Louisiana Western District Court
Judge:Jerry Edwards, Jr
Referred: Mark L Hornsby
Case #: 5:25-cv-00165
Nature of Suit190 Contract - Other Contract
Cause15:1114 Trademark Infringement
Case Filed:Feb 10, 2025
Terminated:Feb 20, 2025
Last checked: Tuesday Feb 11, 2025 1:18 AM CST
Defendant
1471 LC
Plaintiff
IHOP RESTAURANTS LLC
Represented By
Brian Michael Ballay
Baker Donelson Et Al (no)
contact info


Docket last updated: 02/21/2025 11:59 PM CST
Thursday, February 20, 2025
16 16 1 pgs utility AO 120 Report Regarding Patent or Trademark Thu 02/20 11:59 AM
AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (crt,Thomas, T)
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Att: 1 2 pgs Notice of Voluntary Dismissal
15 15 notice Notice of Voluntary Dismissal Thu 02/20 11:05 AM
NOTICE of Voluntary Dismissal by I H O P Restaurants L L C (aty,Ballay, Brian)
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Tuesday, February 18, 2025
14 14 order Minute Entry ~Util - Set Hearings 1 - Terminate Hearings Tue 02/18 10:57 AM
ELECTRONIC MINUTE ENTRY: The parties requested additional time to attempt to reach a resolution of the issues raised in the motion for temporary restraining order. Accordingly, the telephone Status Conference originally set for 2/18/25 is reset for 2/20/2025 at 01:30 PM. The parties are directed to notify the court if they reach a resolution and the conference is no longer necessary. Signed by Magistrate Judge Mark L Hornsby on 2/18/2025. (crt,Rider, M)
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Friday, February 14, 2025
13 13 order Minute Entry ~Util - Set Hearings Fri 02/14 9:59 AM
ELECTRONIC MINUTE ENTRY: A telephone Status Conference has been set for 2/18/2025 at 11:00 AM. Dial-in instructions have been emailed to all counsel of record. Trial counsel for each party must participate. Signed by Magistrate Judge Mark L Hornsby on 2/14/2025. (crt,Rider, M)
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Thursday, February 13, 2025
12 12 1 pgs order Order on Motion to Appear Pro Hac Vice Thu 02/13 2:00 PM
ORDER granting9 Motion to Appear Pro Hac Vice for appearance of Joel D Siegel for I H O P Restaurants L L C. Signed by Magistrate Judge Mark L Hornsby on 2/13/2025. (crt,Thomas, T)
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11 11 1 pgs order Order on Motion to Appear Pro Hac Vice Thu 02/13 1:56 PM
ORDER granting8 Motion to Appear Pro Hac Vice for appearance of Brian P Baggott for I H O P Restaurants L L C. Signed by Magistrate Judge Mark L Hornsby on 2/13/2025. (crt,Thomas, T)
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10 10 misc Corrective Document Thu 02/13 10:09 AM
CORRECTIVE DOCUMENT re8 MOTION for Brian P. Baggott to Appear Pro Hac Vice entitled Rec. Doc. # 8 - Corrected Proposed Order filed by I H O P Restaurants L L C . (aty,Zuckerman, Adam) Modified docket entry relationship on 2/13/2025 (Thomas, T)
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Wednesday, February 12, 2025
9 9 motion Appear Pro Hac Vice Wed 02/12 7:37 PM
MOTION for Joel D. Siegel to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-6190415) by I H O P Restaurants L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 2/12/2025.(aty,Zuckerman, Adam)
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Att: 1 Certificate of good standing Certificate of Good Standing,
Att: 2 Proposed order Proposed Order
8 8 motion Appear Pro Hac Vice Wed 02/12 7:21 PM
MOTION for Brian P. Baggott to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-6190414) by I H O P Restaurants L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 2/12/2025.(aty,Zuckerman, Adam)
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Att: 1 Certificates of Good Standing,
Att: 2 Proposed Order
7 7 motion Temporary Restraining Order Preliminary Injunction Wed 02/12 5:19 PM
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction (Motion Ripe Deadline set for 2/12/2025.) by I H O P Restaurants L L C.(aty,Ballay, Brian)
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Att: 1 Memorandum / Brief in Support,
Att: 2 Exhibit 1 Declaration of Nicole Durham-Mallory,
Att: 3 Exhibit 1-A IHOP Trademarks,
Att: 4 Exhibit 1-B Franchise Agreement,
Att: 5 Exhibit 1-C Sublease,
Att: 6 Exhibit 1-D Email,
Att: 7 Exhibit 1-E Expiration Notice and Demand,
Att: 8 Exhibit 1-F Customer Complaint,
Att: 9 Exhibit 1-G Customer Complaint,
Att: 10 Exhibit 2 Photographic Evidence,
Att: 11 Rule 65 Certification,
Att: 12 Proposed Temporary Restraining Order
6 6 order Jurisdictional Review Finding Wed 02/12 11:02 AM
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 and 1338. There may also be jurisdiction under 28 U.S.C. section 1332, but that cannot be ascertained until the defendant confirms its citizenship in a Diversity Jurisdiction Disclosure Statement. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Mark L Hornsby on 2/12/2025. (crt,Rider, M)
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Tuesday, February 11, 2025
5 5 misc Corporate Disclosure Statement Tue 02/11 11:01 AM
CORPORATE DISCLOSURE STATEMENT by I H O P Restaurants L L C identifying Corporate Parent I H O P S P V Guarantor L L C, Other Affiliate International House of Pancakes Inc, Other Affiliate IHOP Funding LLC, Other Affiliate Dine Brands Global Inc for I H O P Restaurants L L C. (aty,Ballay, Brian) Modified on 2/11/2025 (Thomas, T)
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4 4 service Summons Issued - All (Form Included) Tue 02/11 9:37 AM
SUMMONS ISSUED as to 1471 L C. (crt,Thomas, T)
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3 3 notice Notice of Corporate Disclosure Statement Requirement (Form Included) Tue 02/11 9:36 AM
NOTICE of Corporate Disclosure Statement Requirement re:1 Complaint, sent to Brian Michael Ballay on behalf of I H O P Restaurants L L C. Corporate Disclosure Statement due by 2/25/2025. (crt,Thomas, T)
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2 2 1 pgs utility AO 120 Report Regarding Patent or Trademark Tue 02/11 9:36 AM
AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (crt,Thomas, T)
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Att: 1 Docket Sheet,
Att: 2 Complaint
Monday, February 10, 2025
1 1 18 pgs cmp Complaint Mon 02/10 7:32 PM
COMPLAINT against 1471 LC (Filing fee $405, receipt number ALAWDC-6187935) filed by IHOP RESTAURANTS LLC.(Attorney Brian Michael Ballay added to party IHOP RESTAURANTS LLC(pty:pla))(aty,Ballay, Brian)
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Att: 1 Ex A - Descriptions and Images of IHOP registered trademarks,
Att: 2 Ex B - 1471 LC - Franchise Agreement 11 16-2007
Att: 3 Ex C - IH 1471 - Sublease,
Att: 4 Ex D - IH 1471 - Equipment Least,
Att: 5 Ex E - IHOP_Wayne Court - Expiration_Termination Notice - IH 1471,
Att: 6 1471 Civil Cover Sheet
utility Case Assigned/Reassigned Tue 02/11 9:27 AM
CASE Assigned to Judge Jerry Edwards, Jr and Magistrate Judge Mark L Hornsby. (crt,Thomas, T)
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