Case details

Court: txnd
Docket #: 4:03-cv-00153
Case Name: Philip Morris USA Inc. v. Tran et al
PACER case #: 122561
Date filed: 2003-03-03
Date terminated: 2003-07-14
Assigned to: Judge Terry R Means
Case Cause: 15:1051 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Philip Morris USA Inc.
Plaintiff
Alan W Harris
Law Office of Alan W Harris 325 N St Paul Suite 2700 Dallas, TX 75201 214/965-8200 Fax: 214/965-8209 Email: alan@aharrislaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Bao Tran
Defendant
Individually and TERMINATED: 06/09/2003 doing business asCentral Grocery TERMINATED: 06/09/2003
Bao Tran
Central Grocery 709 W Central Ave Fort Worth, TX 76106 817-624-7171 PRO SE

Huyen Van Bui
Defendant
Individually and doing business asPronto Mark Food
Martin Ivon Muizers
Law Office of Martin I Muizers 2525 E Arkansas Ln Suite 229 Arlington, TX 76010 817/548-9437 Fax: 817/275-0127 Email: martinmuizers@sbcglobal.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

New J & L Corporation
Defendant
doing business asCentral Grocery

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-03-03 1 0 COMPLAINT against Huyen Van Bui, Bao Tran (Filing fee $ 150) Receipt #43788 , filed by Philip Morris USA Inc..(pdm, ) Modified on 3/4/2003 (geb, ). (Entered: 03/04/2003)
2003-03-03 2 0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Philip Morris USA Inc.. (geb, ) (Entered: 03/04/2003)
2003-03-03 3 0 Ex Parte MOTION to Expedite Discovery by Philip Morris USA Inc. (geb, ) (Entered: 03/04/2003)
2003-03-03 4 0 Memorandum in Support re 3 MOTION to Expedite filed by Philip Morris USA Inc.. (geb, ) (Entered: 03/04/2003)
2003-03-03 5 0 AFFIDAVIT/Declaration of Paul M. Kakuske re 3 MOTION to Expedite Discovery by Philip Morris USA Inc.. (geb, ) (Entered: 03/04/2003)
2003-03-03 6 0 AFFIDAVIT/Declaration of Alan W. Harris re 3 MOTION to Expedite Discovery by Philip Morris USA Inc.. (geb, ) (Entered: 03/04/2003)
2003-03-03 7 0 Summons Issued as to Huyen Van Bui, Bao Tran. (geb, ) (Entered: 03/04/2003)
2003-03-06 8 0 ORDER ALLOWING EXPEDITED DISCOVERY granting 3 Motion to Expedite (Signed by Judge Terry R Means on 03/06/03) (wrb, ) (Entered: 03/07/2003)
2003-03-12 9 0 SUMMONS Returned Executed as to Huyen Van Bui served on 3/12/2003, answer due 4/1/2003. - served on Bui dba Pronto Mark Food at 800 E Long, Ft W, TX, signed by server Adil-Tadli, private process server (wrb, ) (Entered: 03/18/2003)
2003-03-12 10 0 SUMMONS Returned Executed as to Bao Tran dba Central Grovery, 709 W Central Ave, Ft Worth TX served on 3/11/2003 by private process server Adil-Tadli, answer due 3/31/2003. (wrb, ) (Entered: 03/18/2003)
2003-04-01 11 0 Original ANSWER to Complaint by Huyen Van Bui.(wrb, ) (Entered: 04/02/2003)
2003-04-07 12 0 ORDER Requiring Compliance with Local Rule: Ordered that dft file a certificate of interested persons in compliance with Local Civil Rule 7.4 within ten (10) days of the entry of this order. (Signed by Judge Terry R Means on 04/07/2003) (csw, ) (Entered: 04/08/2003)
2003-04-07 13 0 ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN....parties ordered to file with the clerk and orig and copy of the jsrpt w/in 30 days of the date of filing of this order. (Signed by Judge Terry R Means on 04/07/03) (wrb, ) (Entered: 04/08/2003)
2003-04-17 14 0 ***Unfiled per ORDER 4/22/03***Defendant's MOTION to Amend 11 Answer by Huyen Van Bui (wrb, ) Modified on 4/23/2003 (csw, ). (Entered: 04/21/2003)
2003-04-17 15 0 CERTIFICATE OF INTERESTED PERSONS by Huyen Van Bui. (wrb, ) (Entered: 04/21/2003)
2003-04-22 16 0 Order Unfiling 14 MOTION to Amend/Correct 11 Answer to Complaint filed by Huyen Van Bui due to the following deficiency: motion for leave to amend must be accompanied by a copy of the proposed amended pleading atttached as an exhibit (Signed by Judge Terry R Means on 04/22/2003) (csw, ) (Entered: 04/23/2003)
2003-04-24 17 0 Defendant's MOTION to Amend 11 Answer to Complaint by Huyen Van Bui (wrb, ) (Entered: 04/28/2003)
2003-04-29 18 0 ORDER granting 17 Defendant's Motion to Amend Answer (Signed by Judge Terry R Means on 04/29/03) (wrb, ) (Entered: 05/01/2003)
2003-04-29 19 0 Defendant's `AMENDED ANSWER to by Huyen Van Bui. (wrb, ) (Entered: 05/01/2003)
2003-05-08 20 0 TEMPORARY RESTRAINING ORDER; ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION; AND ORDER GRANTING CERTAIN EXPEDITED DISCOVERY....a bond or cash of $1,000 be posted w/the clerk by Philip Morris to provide security for payment of costs and damages as may be incurred by any party found to have been wrongfully restrained or enjoined; Show Cause Response due by 5/28/2003. (Signed by Judge Terry R Means on 05/08/03) (wrb, ) (Entered: 05/08/2003)
2003-05-07 21 0 JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN by Huyen Van Bui, Philip Morris USA Inc., Bao Tran. (wrb, ) (Entered: 05/09/2003)
2003-05-07 22 0 Declaration of Maddox Muse (wrb, ) (Entered: 05/09/2003)
2003-05-07 23 0 Declaration of David H. Katz in support of Application for Temporary Restraining Order; Order to Show Cause; and Order Granting Certain Expedited Discovery(wrb, ) (Entered: 05/09/2003)
2003-05-07 24 0 Request for Judicial Notice in Support of Plaintiff's Application for Temporary Restraining Order, Order to Show Cause Re Preliminary Injunction and Order Granting Certain Expedited Discovery filed by Philip Morris USA Inc. (wrb, ) (Entered: 05/09/2003)
2003-05-07 25 0 Application for Temporary Restraining Order; Order to Show Cause re Preliminary Injunction; and Order Granting Certain Expedited Discovery filed by Philip Morris USA Inc. (wrb, ) (Entered: 05/09/2003)
2003-05-07 26 0 Memorandum of Points and Authorities in Support of 25 Application for Temporary Restraining Order; Order to Show Cause; and Order Granting Certain Expedited Discovery filed by Philip Morris USA Inc.. (wrb, ) (Entered: 05/09/2003)
2003-05-07 27 0 Declaration of Kyle R. Gehrmann In Support of Plaintiff Philip Morris USA Inc's Application for a Temporary Restraining Order; Order to Show Cause Re Preliminary Injunction; and Order Expediting Certain Discovery (wrb, ) (Entered: 05/09/2003)
2003-05-14 28 0 [unfiled per order of May 20 2003]Defendant's AMENDED ANSWER by Bao Tran. (jmb, ) Modified on 5/22/2003 (wrb, ). (Entered: 05/14/2003)
2003-05-14 29 0 Proof of Service for TRO documents served on Huyen Van Bui on 5/7/03 by cmrr. (pdm, ) (Entered: 05/16/2003)
2003-05-15 30 0 Initial SCHEDULING ORDER: Amended Pleadings due by 11/3/2003. Discovery due by 12/1/2003. Joinder of Parties due by 7/11/2003. Motions due by 2/13/2003. Parties to participate in Mediation in January 2004... (Signed by Judge Terry R Means on 5/15/03) (pdm, ) (Entered: 05/16/2003)
2003-05-15 31 0 ORDER REFERRING CASE to Mediation in January 2004; parties to agree on impartial mediator no later than 11/3/03...mmediator to complete ADR summary attached as Exhibit C and file orig. and copy of same w/Clerk no later than 4:30 2/10/04..... (Signed by Judge Terry R Means on 5/15/03) (pdm, ) (Entered: 05/16/2003)
2003-05-20 32 0 UNFILED PER 5/28/03 ORDER...DECLARTION OF MADDOX MUSE by Philip Morris USA Inc.. (wrb, ) Modified on 5/30/2003 (dld, ). (Entered: 05/21/2003)
2003-05-21 33 0 UNFILED PER 5/28/03 ORDER...Declaration of David H Katz in Support of Application for TRO; re 20 Order to Show Cause, and Order Granting Certain Expedited Discovery by Philip Morris USA Inc.. (mjw, ) Modified on 5/30/2003 (dld, ). (Entered: 05/22/2003)
2003-05-20 34 0 Order Unfiling 28 Amended Answer to Complaint filed by Bao Tran due to the following deficiency: no cert of service. (Signed by Judge Terry R Means on 05/20/03) (wrb, ) (Entered: 05/22/2003)
2003-05-27 35 0 AGREED PRELIMINARY INJUNCTION (Signed by Judge Terry R Means on 05/27/03) (wrb, ) (Entered: 05/27/2003)
2003-05-28 36 0 Order Unfiling Declaration of David H Katz in Support of Application for TRO; re Order to Show Cause, and Order Granting Certain Expedited Discovery due to the following deficiency: certificate of service is required, and if Declaration is submitted in support of a motion, it must be included in an appendix. (Signed by Judge Terry R Means on 5/28/03) (dld, ) (Entered: 05/30/2003)
2003-05-28 37 0 Order Unfiling DECLARTION OF MADDOX MUSE due to the following deficiency: certificate of service is required, and if Declaration is in support of a motion, it must be submitted in an appendix; (Signed by Judge Terry R Means on 5/28/03) (dld, ) (Entered: 05/30/2003)
2003-06-06 38 0 Unopposed MOTION For Leave to File First Amended Original 1 Complaint by Philip Morris USA Inc. (wrb, ) (Entered: 06/09/2003)
2003-06-09 39 0 AGREED ORDER granting 38 Philip Morris USA Inc's Unopposed Motion for Leave to File First Amended Complaint; clerk directed to file first amd cmplt provided the clerk when the motion for leave was filed. (Signed by Judge Terry R Means on 06/09/03) (wrb, ) (Entered: 06/10/2003)
2003-06-09 40 0 [ unfiled per order of Jun 12, 2003 ] FIRST AMENDED COMPLAINT , filed by Philip Morris USA Inc..(dld, ) Modified on 6/12/2003 (wrb, ). (Entered: 06/11/2003)
2003-06-12 41 0 Order Unfiling 40 Amended Complaint filed by Philip Morris USA Inc. due to the following deficiency: per Rule 10(a) FRCP and LR 10.1, the caption of the complaint does not name defts as requested in the motion and approved by the court. (Signed by Judge Terry R Means on 06/12/03) (wrb, ) (Entered: 06/12/2003)
2003-06-18 42 0 Answer Defendant's Amended by New J & L Corporation. (wrb, ) (Entered: 06/19/2003)
2003-06-26 43 0 Consent JUDGMENT & Permanent Injunction...Ordered that deft. Huyen Van Bui, d/b/a Pronto Mark Food, its officers, agents, servants, employees, attorneys, and all persons in active concert or participation with it, are permanently enjoined from (1)purchasing, selling, etc. any counterfeit Marlboro and/or Marlboro Lights brand cigarettes and (ii)assisting, aiding, etc. any other person or entity in purchasing, selling, etc. any counterfeil Marlboro and/or Marlboro Lights brand cigarettes; deft. agrees to cooperate in good faith with Philip Morris USA in any further investigation of this matter....; terms of this Consent Judgment and Permanent Injunction shall be enforceable agn. Deft and its successors in interest and assigns; not later than 5 calendar days following date on which Deft. executes this Consent Judgment and Permanent Injunction, deft. to deliver to Alan W. Harris, a cashier's check for $500.00 payable to Philip Morris USA Inc.; after making reasonable endeavor to arrive at amt. that would be approximation of damages that would or might be sustained in event of breach of this document by deft, parties hereto agree to fix said amt. of liquidated damages in sum of (i)$500 per day for breach of deft's obligation to cooperate in good faith with Philip Morris's investigative efforts...(ii)$500 for first occasion on which Philip Morris confirms deft. has sold counterfeit Marlboro or Marlboro Lights, with monetary damages to double for each subsequent occasion on which sale of counterfeit product is confirmed...See Judgment for further details (Signed by Judge Terry R Means on 6/26/03) (pdm, ) (Entered: 06/26/2003)
2003-07-08 44 0 Agreed MOTION FOR REFUND of Cash Deposit in Lieu of Bond by Philip Morris USA Inc. (wrb, ) (Entered: 07/10/2003)
2003-07-10 45 0 ORDER granting 44 Motion for Refund of Cash Deposit in Lieu of Bond...clerk to issue check refunding $1,000 cash deposit in leiu of bond, plus interest to date, less any registry fees, made payable to cnsl. for Philip Morris USA, Inc, Piper Rudnick, 1717 Main St., Suite 4600, Dallas, TX 75202 originally deposited on 5/9/03 in Registry in connection with Agreed TRO and Agreed Prel. Injunction issued agn. Huyen Van Bui... (Signed by Judge Terry R Means on 7/10/03) (pdm, ) (Entered: 07/11/2003)
2003-07-11 46 0 Plaintiff's First AMENDED COMPLAINT against Huyen Van Bui, New J & L Corporation , filed by Philip Morris USA Inc..(wrb, ) (Entered: 07/14/2003)
2003-07-14 47 0 CONSENT JUDGMENT AND PERMANENT INJUNCTION (Signed by Judge Terry R Means on 07/14/03) (wrb, ) (Entered: 07/16/2003)