Cici Enterprises LP v. Fogle Enterprises Inc et al
| Texas Northern District Court | |
| Judge: | Ada Brown |
| Case #: | 3:22-cv-01202 |
| Nature of Suit | 196 Contract - Franchise |
| Cause | 15:1114 Trademark Infringement |
| Case Filed: | Jun 02, 2022 |
| Terminated: | Nov 14, 2023 |
| Last checked: Tuesday Nov 29, 2022 2:36 AM CST |
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Counter Claimant
Babette L Fogle
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Represented By
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Counter Claimant
Nolan B Fogle
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Represented By
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Counter Claimant
Fogle Enterprises Inc
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Represented By
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Counter Defendant
Cici Enterprises LP
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Represented By
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Counter Defendant
Yes Caps LLC
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Represented By
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Defendant
Babette L Fogle
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Represented By
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Defendant
Nolan B Fogle
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Represented By
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Defendant
Fogle Enterprises Inc
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Represented By
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Mediator
ADR Provider
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Represented By
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Plaintiff
Cici Enterprises LP
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Represented By
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Plaintiff
Yes Caps LLC
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Represented By
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GPO
Mar 30 2023
Memorandum Opinion and Order: For the foregoing reasons, the Court concludes that Plaintiffs have established all four requirements for a preliminary injunction relating to its Lanham Act claims and its breach of contract claim relating to the post-termination non-competition covenant. Accordingly, the Court hereby GRANTS IN PART Plaintiffs' Motion with respect to the request for preliminary injunction. Because the Court is issuing the preliminary injunction, it FINDS AS MOOT the application for a temporary restraining order. Finally, the Court DENIES IN PART the Motion with respect to the request for attorneys' fees without prejudice to refiling. The Court will file a preliminary injunction by separate order today. (Ordered by Judge Ada Brown on 3/30/2023) (ndt) |
| Docket last updated: 05/16/2025 11:59 PM CDT |
| Tuesday, November 14, 2023 | ||
| 40 | 40
4
pgs
order
Order on Motion for Judgment
Wed 11/15 8:45 AM
AGREED JUDGMENT: It is ORDERED that plaintiffs Cicis and Yes Caps are entitled to and shall from Defendants, jointly and severally, damages in the amount of $112,200.66. (Ordered by Judge Ada Brown on 11/14/2023) (oyh) |
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utility
Terminate Civil Case (Optional)
Wed 12/20 1:09 PM
Civil Case Terminated Per Judgment at Docket40 . (cea) |
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| Thursday, November 02, 2023 | ||
| 39 | 39
motion
Judgment
Thu 11/02 12:00 PM
Joint MOTION for Judgment filed by Cici Enterprises LP (Apple, J) |
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Att: 1
Proposed Order Agreed Judgment
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| Monday, June 05, 2023 | ||
| 38 | 38
order
Order
Mon 06/05 11:06 AM
ELECTRONIC ORDER: The Court ORDERS the Parties in this proceeding to take notice that Judge Ada Brown shall adopt revised policies and procedures on July 1, 2023. The revised policies and procedures are posted on the Courts page on the Northern District of Texas Website.[LINK:RevisedJSR-Brown.pdf (uscourts.gov)] . If the Parties have any motion or response deadlines between now and July 1, 2023, which are affected by new briefing requirements, the Parties may proceed under the current policies and procedures. The Parties may further seek leave of Court for any filings due in July 2023 to comply with the Courts revised briefing requirements. (Ordered by Judge Ada Brown on 6/5/2023) (chmb) |
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| Monday, April 03, 2023 | ||
| 37 | 37
order
Scheduling Order
Mon 04/03 3:48 PM
SCHEDULING ORDER: This case is set for jury trial on this Court's three-week docket beginning 2/20/2024 before Judge Ada Brown. Joinder of Parties due by 4/28/2023. Amended Pleadings due by 4/28/2023. Motions due by 12/15/2023. Discovery due by 9/29/2023. Pretrial Order due by 1/22/2024. Pretrial Materials due by 1/22/2024. Pretrial Conference set for 2/16/2024 10:00 AM before Judge Ada Brown. (Ordered by Judge Ada Brown on 4/3/2023) (ndt) Modified on 4/3/2023 (ndt) |
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| Friday, March 31, 2023 | ||
| 36 | 36
misc
Status Report
Fri 03/31 3:26 PM
Joint STATUS REPORT filed by Cici Enterprises LP, Yes Caps LLC. (Apple, J) |
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| Thursday, March 30, 2023 | ||
| 35 | 35
2
pgs
order
Order
Thu 03/30 4:50 PM
Preliminary Injunction. (Ordered by Judge Ada Brown on 3/30/2023) (ndt) |
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| 34 | 34
31
pgs
order
Memorandum Opinion and Order
Thu 03/30 4:47 PM
Memorandum Opinion and Order: For the foregoing reasons, the Court concludes that Plaintiffs have established all four requirements for a preliminary injunction relating to its Lanham Act claims and its breach of contract claim relating to the post-termination non-competition covenant. Accordingly, the Court hereby GRANTS IN PART Plaintiffs' Motion with respect to the request for preliminary injunction. Because the Court is issuing the preliminary injunction, it FINDS AS MOOT the application for a temporary restraining order. Finally, the Court DENIES IN PART the Motion with respect to the request for attorneys' fees without prejudice to refiling. The Court will file a preliminary injunction by separate order today. (Ordered by Judge Ada Brown on 3/30/2023) (ndt) |
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| Tuesday, March 14, 2023 | ||
| 33 | 33
5
pgs
order
Order
Tue 03/14 3:59 PM
STATUS REPORT ORDER: Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, lead counsel are directed to meet and confer for the purpose of submitting a Joint Status Report as follows. (Joint Status Report Due Three (3) Weeks from the Date of this Order) (Ordered by Judge Ada Brown on 3/14/2023) (twd) |
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| Thursday, March 02, 2023 | ||
| 32 | 32
misc
Status Report
Thu 03/02 10:53 AM
Joint STATUS REPORT Regarding Results of Mediation filed by Cici Enterprises LP, Yes Caps LLC. (Apple, J) |
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| Monday, February 27, 2023 | ||
| 31 | 31
order
Status Report Order
Mon 02/27 3:18 PM
ORDER REQUESTING JOINT STATUS REPORT: On 10/10/2022, this Court issued an Order Referring this Case to Mediation, (Doc. 27). That Order directed the Parties to attend and Judge Royal Furgeson, to be completed by 12/18/2022. The Court hereby orders the parties to confer and submit a joint status report (1) informing the Court whether the Parties completed mediation as ordered, and (2) updating the status of settlement negotiations. (Ordered by Judge Ada Brown on 2/27/2023) (ykp) |
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| Monday, December 19, 2022 | ||
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utility
Add and Terminate Judges (Public Entry)
Mon 12/19 8:57 AM
Magistrate Judge David L. Horan assigned to this case pursuant to Special Order 3-346 for matters that may be referred. (cea) |
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| Wednesday, December 07, 2022 | ||
| 30 | 30
answer
Answer to Counterclaim
Wed 12/07 9:44 AM
ANSWER to Counterclaim filed by Cici Enterprises LP, Yes Caps LLC. Related document:28 Answer to Complaint,,, Counterclaim,, (Apple, J) |
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| Thursday, November 03, 2022 | ||
| 29 | 29
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 11/03 10:15 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fogle Enterprises Inc. (Clerk QC note: Affiliate entry indicated). (Whyte, Sean) |
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| 28 | 28
answer
Answer to Complaint Counterclaim
Thu 11/03 6:38 PM
Defendant Fogle Enterprises Inc.'s Original ANSWER to1 Complaint,,,, with Jury Demand filed by Nolan B Fogle, Fogle Enterprises Inc, Babette L Fogle. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against All Plaintiffs filed by Nolan B Fogle, Fogle Enterprises Inc, Babette L Fogle (Whyte, Sean) |
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| Thursday, October 20, 2022 | ||
| 27 | 27
1
pgs
order
Order For ADR
Thu 10/20 4:24 PM
MEDIATION ORDER. The court appoints Royal Ferguson as mediator.[LINK:Alternative Dispute Resolution Summary] form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 60 days from the date this order was issued (12/18/2022). (Ordered by Judge Ada Brown on 10/20/2022) (ndt) |
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| 26 | 26
2
pgs
order
Order on Motion to Dismiss
Thu 10/20 3:58 PM
ORDER denying10 Motion to Dismiss. (Ordered by Judge Ada Brown on 10/20/2022) (ndt) |
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| Friday, October 14, 2022 | ||
| 25 | 25
notice
Notice (Other)
Fri 10/14 6:50 PM
NOTICE of Appearance of Jacob Sparks as Local Counsel in Compliance with Local Civil Rule 83.10(a) re:23 Order,,, filed by Babette L Fogle, Nolan B Fogle, Fogle Enterprises Inc (Whyte, Sean) |
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| Tuesday, October 11, 2022 | ||
| 24 | 24
notice
Notice (Other)
Tue 10/11 3:09 PM
NOTICE of Ruling in Missouri Case filed by Cici Enterprises LP, Yes Caps LLC re:13 MOTION for Injunction MOTION for Temporary Restraining Order,10 MOTION to Dismiss. (Apple, J) Modified text and linkage on 10/11/2022 (axm) |
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Att: 1
Exhibit(s) Order Granting Defendant's Motion to Dismiss
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| Monday, October 10, 2022 | ||
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1
pgs
order
Order
Tue 10/11 10:51 AM
ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside or maintain the attorney's principal office in this district. "Local counsel" means a member of the bar of this court who resides or maintains the attorney's principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending. Accordingly, within seven (7) days of the date of this Order, Defendant FOGLE ENTERPRISES INC et al. shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a) or, pursuant to Local Rule 83.10(a), a motion for leave to proceed without local counsel. Failure to do so may result in sanctions. (Ordered by Judge Ada Brown on 10/10/2022) (ndt) |
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| Thursday, September 01, 2022 | ||
| 22 | 22
respm
Reply
Thu 09/01 11:34 AM
REPLY filed by Cici Enterprises LP, Yes Caps LLC re:13 MOTION for Injunction MOTION for Temporary Restraining Order (Apple, J) |
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| Friday, August 19, 2022 | ||
| 21 | 21
respm
Appendix in Support
Fri 08/19 5:56 PM
Appendix in Support filed by Babette L Fogle, Nolan B Fogle, Fogle Enterprises Inc re20 Response/Objection, (Whyte, Sean) |
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| 20 | 20
respm
Response/Objection
Fri 08/19 4:00 PM
RESPONSE filed by Babette L Fogle, Nolan B Fogle, Fogle Enterprises Inc re:13 MOTION for Injunction MOTION for Temporary Restraining Order (Whyte, Sean) |
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Att: 1
Proposed Order Denying Plaintiffs' Application for Temporary Restraining Order and Motion for Preliminary Injunction
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| Monday, August 15, 2022 | ||
| 19 | 19
respm
Reply
Mon 08/15 10:19 PM
REPLY filed by Fogle Enterprises Inc re:10 MOTION to Dismiss (Whyte, Sean) |
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| Wednesday, August 03, 2022 | ||
| 18 | 18
misc
Status Report
Wed 08/03 11:47 AM
Joint STATUS REPORT filed by Cici Enterprises LP, Yes Caps LLC. (Apple, J) |
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| Monday, August 01, 2022 | ||
| 17 | 17
respm
Appendix in Support
Mon 08/01 5:35 PM
Appendix in Support filed by Cici Enterprises LP, Yes Caps LLC re16 Response/Objection to Defendants' Motion to Dismiss (Apple, J) |
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Att: 1
Exhibit(s) Complaint (Missouri Lawsuit),
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Att: 2
Exhibit(s) Defendants' Motion to Dismiss (Missouri Lawsuit)
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| 16 | 16
respm
Response/Objection
Mon 08/01 5:33 PM
RESPONSE filed by Cici Enterprises LP, Yes Caps LLC re:10 MOTION to Dismiss (Apple, J) |
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| 15 | 15
respm
Appendix in Support
Mon 08/01 5:31 PM
Appendix in Support filed by Cici Enterprises LP, Yes Caps LLC re13 MOTION for Injunction MOTION for Temporary Restraining Order (Apple, J) |
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Att: 1
Exhibit(s) Declaration of Jeff Hetsel
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| 14 | 14
respm
Brief/Memorandum In Support
Mon 08/01 5:29 PM
Brief/Memorandum in Support filed by Cici Enterprises LP, Yes Caps LLC re13 MOTION for Injunction MOTION for Temporary Restraining Order (Apple, J) |
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| 13 | 13
motion
Injunction Temporary Restraining Order
Mon 08/01 4:39 PM
MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Cici Enterprises LP, Yes Caps LLC (Apple, J). Added MOTION for Temporary Restraining Order on 8/1/2022 (twd) |
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Att: 1
Proposed Order Temporary Restraining Order
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| Wednesday, July 13, 2022 | ||
| 12 | 12
respm
Appendix in Support
Wed 07/13 5:59 PM
Appendix in Support filed by Babette L Fogle, Nolan B Fogle, Fogle Enterprises Inc re10 MOTION to Dismiss (Whyte, Sean) |
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| 11 | 11
order
Status Report Order
Wed 07/13 10:20 AM
STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 7/13/2022) (ndt) |
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| Tuesday, July 12, 2022 | ||
| 10 | 10
motion
Dismiss
Tue 07/12 11:41 PM
MOTION to Dismiss filed by Fogle Enterprises Inc with Brief/Memorandum in Support. (Whyte, Sean) |
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| Wednesday, July 06, 2022 | ||
| 9 | 9
order
Order
Wed 07/06 5:37 PM
ELECTRONIC ORDER: The Court construes the parties' Joint Stipulation to Extend Time for Response to Complaint as Defendants' unopposed motion to extend the answer deadline. The Court grants the motion and extends Defendants' answer deadline to July 12, 2022. (Ordered by Judge Ada Brown on 7/6/2022) (chmb) |
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| Tuesday, July 05, 2022 | ||
| 8 | 8
misc
Stipulation
Tue 07/05 4:36 PM
Joint STIPULATION to Extend Time for Response to Complaint by Fogle Enterprises Inc. (Whyte, Sean) |
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| Monday, June 06, 2022 | ||
| 7 | 7
service
Summons Issued
Mon 06/06 8:48 AM
Summons Issued as to Babette L Fogle, Nolan B Fogle, Fogle Enterprises Inc. (oyh) |
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| 6 | 6
misc
Request for Clerk to Issue Document
Mon 06/06 8:38 AM
Request for Clerk to issue Summons filed by Cici Enterprises LP, Yes Caps LLC. (Apple, J) |
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| 5 | 5
misc
Request for Clerk to Issue Document
Mon 06/06 8:37 AM
Request for Clerk to issue Summons filed by Cici Enterprises LP, Yes Caps LLC. (Apple, J) |
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| 4 | 4
misc
Request for Clerk to Issue Document
Mon 06/06 8:36 AM
Request for Clerk to issue Summons filed by Cici Enterprises LP, Yes Caps LLC. (Apple, J) |
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| Thursday, June 02, 2022 | ||
| 3 | 3
qcref
Brown
Fri 06/03 9:26 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (sxf) |
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| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 06/02 4:30 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CiCi Enterprises LP. (Clerk QC note: Affiliate entry indicated). (Apple, J) |
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| 1 | 1
cmp
Complaint
Thu 06/02 4:22 PM
COMPLAINT against All Defendants filed by CiCi Enterprises LP. (Filing fee $402; Receipt number 0539-12866748) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Apple, J) |
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Att: 1
Cover Sheet Civil Cover Sheet
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