BETENBOUGH COMPANIES, PBC et al v. BH Companies, Inc. et al
| Texas Northern District Court | |
| Judge: | Sam R Cummings |
| Case #: | 5:24-cv-00037 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1121 Trademark Infringement |
| Case Filed: | Jan 30, 2024 |
| Terminated: | Oct 21, 2024 |
| Last checked: Sunday Jul 28, 2024 6:11 AM CDT |
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Counter Claimant
B.Hom Student Living, LLC
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Represented By
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Counter Claimant
BH Companies, Inc.
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Represented By
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Counter Claimant
BH Equities, L.L.C.
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Represented By
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Counter Claimant
BH Management Services, LLC
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Represented By
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Counter Defendant
BETENBOUGH COMPANIES, PBC
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Represented By
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Counter Defendant
BETENBOUGH HOMES, LLC
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Represented By
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Defendant
B.Hom Student Living, LLC
400 Locust Street, Suite 790
Des Moines, IA 50309 |
Represented By
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Defendant
BH Companies, Inc.
400 Locust Street, Suite 790
Des Moines, IA 50309 |
Represented By
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Defendant
BH Equities, L.L.C.
400 Locust Street, Suite 790
Des Moines, IA 50309 |
Represented By
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Defendant
BH Management Services, LLC
400 Locust Street, Suite 790
Des Moines, IA 50309 |
Represented By
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Plaintiff
BETENBOUGH COMPANIES, PBC
6305 82nd Street
Lubbock, TX 79424 |
Represented By
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Plaintiff
BETENBOUGH HOMES, LLC
6305 82nd Street
Lubbock, TX 79424 |
Represented By
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| Docket last updated: 43 minutes ago |
| Monday, October 21, 2024 | ||
| 30 | 30
misc
Report to Patent/Trademark or Copyright Office
Mon 10/21 11:53 AM
Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (bdg) |
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| 29 | 29
2
pgs
order
Order on Motion to Dismiss
Mon 10/21 11:44 AM
ORDER OF DISMISSAL WITH PREJUDICE: Granting28 Motion to Dismiss.28 Motion to Dismiss filed by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC terminated. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Senior Judge Sam R Cummings on 10/21/2024) (bdg) |
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| Wednesday, October 16, 2024 | ||
| 28 | 28
motion
Dismiss
Wed 10/16 4:00 PM
Joint MOTION to Dismiss filed by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC (Geary, Elizabeth) |
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Att: 1
Proposed Order of Dismissal
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| Wednesday, September 25, 2024 | ||
| 27 | 27
1
pgs
order
Order on Motion for Miscellaneous Relief
Wed 09/25 3:19 PM
ORDER: The Court notes that the Parties have filed a Joint Stipulation for Extension of Time to Answer. (ECF No.26 ). As such, the Court finds good cause exists and the deadline for Defendants to file an answer or otherwise respond to Plaintiffs' Second Amended Complaint is hereby extended to 28 days from the date of this Order. (Ordered by Senior Judge Sam R. Cummings on 9/25/2024) (krr) |
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| Tuesday, September 24, 2024 | ||
| 26 | 26
misc
Stipulation
Tue 09/24 6:49 PM
Joint STIPULATION for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint by B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC. (Koltookian, Stephanie) |
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| Wednesday, September 04, 2024 | ||
| 25 | 25
1
pgs
order
Order on Motion for Extension of Time to File Answer
Wed 09/04 10:02 AM
ORDER GRANTING24 , Defendant's Unopposed Motion for Extension of Time to File Answer to Plaintiff's Second Amended Complaint. Defendants' new deadline for filing an answer to the second amended complaint is extended to September 24, 2024. (Ordered by Senior Judge Sam R. Cummings on 9/4/2024) (krr) |
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| Tuesday, September 03, 2024 | ||
| 24 | 24
motion
Extension of Time to File Answer
Tue 09/03 1:54 PM
Unopposed Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint filed by B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC Attorney Stephanie A Koltookian added to party BH Equities, L.L.C.(pty:dft) (Koltookian, Stephanie) |
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| Monday, August 19, 2024 | ||
| 23 | 23
misc
Supplemental Document
Mon 08/19 5:33 PM
Supplemental Document by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC as to21 Amended Complaint,,, . (Geary, Elizabeth) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E,
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Att: 6
Exhibit(s) F,
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Att: 7
Exhibit(s) G
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answer
Answer to Counterclaim
Mon 08/19 10:36 AM
PLAINTIFF'S FIRST AMENDED ANSWER filed by BETENBOUGH COMPANIES, PBC; BETENBOUGH HOMES, LLC. - Related document:6 Answer to Complaint; Counterclaim. (krr) |
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Att: 1
Exhibit 4 - Redline Version
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| 21 | 21
cmp
Amended Complaint
Mon 08/19 10:33 AM
PLAINTIFF'S SECOND AMENDED COMPLAINT against B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC filed by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC. If additional patent or trademark numbers are included, the clerk will prepare the appropriate Report to the Patent/Trademark or Copyright Office. 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. (krr) |
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Att: 1
Exhibit 2 - Redline Version
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| 20 | 20
1
pgs
order
Order on Motion for Leave to File
Mon 08/19 10:30 AM
ORDER granting19 Plaintiff's Motion to Amended their Complaint and Answer. (Unless the documents have already been filed, clerk to enter the documents as of the date of this order.) (Ordered by Senior Judge Sam R. Cummings on 8/19/2024) (krr) |
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| Thursday, August 15, 2024 | ||
| 19 | 19
motion
Leave to File
Thu 08/15 2:58 PM
Unopposed MOTION for Leave to File Seconded Amended Complaint and First Amended Answer filed by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC (Geary, Elizabeth) |
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Att: 1
Exhibit(s) 1,
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Att: 2
Exhibit(s) 2,
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Att: 3
Exhibit(s) 3,
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Att: 4
Exhibit(s) 4,
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Att: 5
Proposed Order
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| Wednesday, May 29, 2024 | ||
| 18 | 18
misc
Stipulation
Wed 05/29 3:42 PM
Joint STIPULATION WITHDRAWING JURY DEMAND by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC. (Geary, Elizabeth) |
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| Tuesday, May 07, 2024 | ||
| 17 | 17
answer
Answer to Amended Complaint
Tue 05/07 10:47 AM
ANSWER to15 Amended Complaint,, filed by B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC. 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. (Dee, Michael) |
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| Tuesday, April 23, 2024 | ||
| 16 | 16
answer
Answer to Counterclaim
Tue 04/23 5:07 PM
ANSWER to Counterclaim filed by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC. Related document:6 Answer to Complaint,,, Counterclaim,, (Geary, Elizabeth) |
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| 15 | 15
cmp
Amended Complaint
Tue 04/23 4:59 PM
AMENDED COMPLAINT against B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC filed by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC. 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. (Geary, Elizabeth) |
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| Monday, April 08, 2024 | ||
| 14 | 14
order
Scheduling Order ~Util - Modify Hearings/Deadlines (Full List)
Mon 04/08 11:01 AM
SCHEDULING ORDER: Joinder of Parties due by 8/15/2024 and Amended Pleadings due by 3:00p.m. on 8/15/2024. Motions for summary judgment due by 3:00p.m. on 4/15/2025. Deadline for mediation is by 3:00p.m. on or before 4/15/2025. Motions in limine and Discovery due by 3:00p.m. on 4/18/2025. Jury Trial set for 9/8/2025 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R. Cummings.) (Ordered by Senior Judge Sam R. Cummings on 4/8/2024) (krr) |
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| Wednesday, April 03, 2024 | ||
| 13 | 13
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 04/03 11:22 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by B.Hom Student Living, LLC, BH Companies, Inc.. (Clerk QC note: No affiliate entered in ECF). (Matzner, Matt) |
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| 12 | 12
1
pgs
order
Order on Application for Admission Pro Hac Vice
Wed 04/03 9:02 AM
ORDER granting9 Application for Admission Pro Hac Vice of MICHAEL A. DEE. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R. Cummings on 4/3/2024) (krr) |
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| 11 | 11
1
pgs
order
Order on Application for Admission Pro Hac Vice
Wed 04/03 9:01 AM
ORDER granting8 Application for Admission Pro Hac Vice of STEPHANIE A. KOLTOOKIAN. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R. Cummings on 4/3/2024) (krr) |
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| 10 | 10
1
pgs
order
Order on Application for Admission Pro Hac Vice
Wed 04/03 8:49 AM
ORDER granting7 Application for Admission Pro Hac Vice of Christopher A. Proskey. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R. Cummings on 4/3/2024) (krr) |
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| Tuesday, April 02, 2024 | ||
| 9 | 9
motion
Admission Pro Hac Vice
Tue 04/02 5:46 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael A. Dee (Filing fee $100; Receipt number ATXNDC-14510564) filed by B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC (Matzner, Matt) |
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| 8 | 8
motion
Admission Pro Hac Vice
Tue 04/02 5:41 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Stephanie A. Koltookian (Filing fee $100; Receipt number ATXNDC-14510549) filed by B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC (Matzner, Matt) |
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| 7 | 7
motion
Admission Pro Hac Vice
Tue 04/02 5:36 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Christopher A. Proskey (Filing fee $100; Receipt number ATXNDC-14510528) filed by B.Hom Student Living, LLC, BH Companies, Inc., BH Equities, L.L.C., BH Management Services, LLC (Matzner, Matt) |
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| 6 | 6
answer
Answer to Complaint Counterclaim
Tue 04/02 4:45 PM
ANSWER to1 Complaint,,,,, filed by BH Management Services, LLC, BH Companies, Inc., BH Equities, L.L.C., B.Hom Student Living, LLC. 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 BH Management Services, LLC, BH Companies, Inc., BH Equities, L.L.C., B.Hom Student Living, LLCAttorney Matt D Matzner added to party B.Hom Student Living, LLC(pty:dft), Attorney Matt D Matzner added to party BH Companies, Inc.(pty:dft), Attorney Matt D Matzner added to party BH Equities, L.L.C.(pty:dft), Attorney Matt D Matzner added to party BH Management Services, LLC(pty:dft) (Matzner, Matt) |
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| Wednesday, February 07, 2024 | ||
| 5 | 5
service
Waiver of Service Returned
Wed 02/07 12:23 PM
WAIVER OF SERVICE Returned Executed as to All Defendants. (Geary, Elizabeth) |
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| Wednesday, January 31, 2024 | ||
| 4 | 4
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 01/31 10:17 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BETENBOUGH COMPANIES, PBC, BETENBOUGH HOMES, LLC. (Clerk QC note: No affiliate entered in ECF). (Geary, Elizabeth) |
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| Tuesday, January 30, 2024 | ||
| 3 | 3
2
pgs
misc
Report to Patent/Trademark or Copyright Office
Tue 01/30 4:17 PM
Report to Patent/Trademark Office of Initiating Document. Form AO 120 (part one and two) e-mailed to notice_of_suit@uspto.gov. (krr) |
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| 2 | 2
qcref
Cummings (West Texas)
Tue 01/30 4:04 PM
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. Clerk to provide copy to plaintiff if not received electronically. (krr) |
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15
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cmp
Complaint
Tue 01/30 3:08 PM
COMPLAINT WITH JURY DEMAND against All Defendants filed by BETENBOUGH HOMES, LLC, BETENBOUGH COMPANIES, PBC. (Filing fee $405; Receipt number ATXNDC-14353008) 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. (Geary, Elizabeth) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Exhibit(s) E,
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Att: 6
Exhibit(s) F,
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Att: 7
Exhibit(s) G,
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Att: 8
Cover Sheet
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