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Buc-ee's The Texas Interstate Highway Bully Hall Of Shame Member Court Docket 4:15-cv-03704 Buc-ee's, Ltd. v. Panjwani et al Defendants referred to collectively as "Choke Canyon"

Docket as of July 12, 2017
Page added October 28 2016

1 Filed & Entered: 12/23/2015 Complaint Docket Text: COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-15921620) filed by Buc-ee's, Ltd.. (Attachments: # (1) Civil Cover Sheet Civil Cover Sheet)(Richardson, Harry)

2 Filed & Entered: 12/24/2015 Order for Initial Conference - FORM Docket Text: ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/15/2016 at 02:45 PM in Courtroom 3A Houston before Judge Keith P Ellison (Signed by Judge Keith P Ellison) Parties notified.(hcarradi, 4)

3 Filed & Entered: 12/24/2015 Commissioner of Patents and Trademarks Notified Docket Text: Commissioner of Patents and Trademarks, AO-120, Notified, filed.(hcarradi, 4)

4 Filed & Entered: 01/11/2016 Summons - Request for Issuance Docket Text: Request for Issuance of Summons as to All Defendants, filed. (Attachments: # (1) Additional Summons, # (2) Additional Summons)(Richardson, Harry)

5 Filed & Entered: 01/11/2016 Certificate of Interested Parties Docket Text: First CERTIFICATE OF INTERESTED PARTIES by Buc-ee's, Ltd., filed.(Richardson, Harry) Filed & Entered: 01/12/2016 Summons Issued/Not Issued Docket Text: Summons Issued as to Harlow Food, Inc., Amjad Panjwani, Shepherd Retail, Inc.. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4)

6 Filed & Entered: 01/25/2016 Return of Service Executed Docket Text: RETURN of Service of SUMMONS Executed as to Amjad Panjwani served on 1/16/2016, answer due 2/8/2016, filed.(Richardson, Harry)

7 Filed & Entered: 01/25/2016 Return of Service Executed Docket Text: RETURN of Service of SUMMONS Executed as to Harlow Food, Inc. served on 1/16/2016, answer due 2/8/2016, filed.(Richardson, Harry)

8 Filed & Entered: 01/25/2016 Return of Service Executed Docket Text: RETURN of Service of SUMMONS Executed as to Shepherd Retail, Inc. served on 1/16/2016, answer due 2/8/2016, filed.(Richardson, Harry)

9 Filed & Entered: 02/05/2016 Terminated: 02/29/2016 Motion to Dismiss Docket Text: Opposed MOTION to Dismiss , Opposed MOTION to Change Venue to Western District of Texas - San Antonio Division, Opposed MOTION to Transfer Case to Western District of Texas - San Antonio Division( Motion Docket Date 2/26/2016.) by Harlow Food, Inc., Amjad Panjwani, Shepherd Retail, Inc., filed. (Attachments: # (1) Proposed Order)(Hanor, Charles)

10 Filed & Entered: 02/24/2016 Notice of Appearance Docket Text: NOTICE of Appearance by Kevin J. Meek on behalf of Buc-ee's, Ltd., filed. (Meek, Kevin)

11 Filed & Entered: 02/25/2016 Terminated: 02/25/2016 Motion for Extension of Time Docket Text: Unopposed MOTION for Extension of Time To Respond to [Dkt 9] Motion to Dismiss or Transfer Venue by Buc-ee's, Ltd., filed. Motion Docket Date 3/17/2016. (Attachments: # (1) Proposed Order)(Meek, Kevin)

12 Filed: 02/25/2016 Entered: 02/26/2016 Order on Motion for Extension of Time Docket Text: ORDER granting [11] Motion for Extension of Time; Motion-related deadline set re: [9] Opposed MOTION to Dismiss. Responses due by 3/11/2016..(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

13 Filed & Entered: 02/26/2016 Amended Complaint/Counterclaim/Crossclaim etc. Docket Text: First AMENDED COMPLAINT with Jury Demand against Harlow Food, Inc., Shepherd Retail, Inc., Blanco Restaurant, Inc., Live Oak Retail, Inc. filed by Buc-ee's, Ltd.. (Attachments: # (1) Exhibit A - ISO Amended Complaint, # (2) Exhibit B - ISO Amended Complaint, # (3) Exhibit C - ISO Amended Complaint, # (4) Exhibit D - ISO Amended Complaint, # (5) Exhibit E - ISO Amended Complaint, # (6) Exhibit F - ISO Amended Complaint, # (7) Exhibit G - ISO Amended Complaint)(Meek, Kevin)

14 Filed: 02/29/2016 Entered: 03/02/2016 Order on Motion to Dismiss Docket Text: ORDER denying as moot [9] Motion to Dismiss or Transfer Venue.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

15 Filed & Entered: 03/02/2016 Summons - Request for Issuance Docket Text: Request for Issuance of Summons as to Blanco Restaurant, Inc., Live Oak Retail, Inc., filed. (Attachments: # (1) Summons to Be Issued)(Meek, Kevin) Filed & Entered: 03/03/2016 Summons Issued/Not Issued Docket Text: Summons Issued as to Blanco Restaurant, Inc., Live Oak Retail, Inc.. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4)

16 Filed & Entered: 03/11/2016 Terminated: 03/11/2016 Motion for Extension of Time Docket Text: Unopposed MOTION for Extension of Time To Respond to Plaintiff's Amended Complaint by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 4/1/2016. (Attachments: # (1) Proposed Order)(Hanor, Charles)

17 Filed & Entered: 03/11/2016 Order on Motion for Extension of Time Docket Text: ORDER granting [16] Motion for Extension of Time; Answer due for Defendants by 3/25/16.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

18 Filed & Entered: 03/17/2016 Return of Service Executed Docket Text: RETURN of Service of SUMMONS Executed as to Blanco Restaurant, Inc. served on 3/9/2016, answer due 3/25/2016, filed.(Meek, Kevin)

19 Filed & Entered: 03/17/2016 Return of Service Executed Docket Text: RETURN of Service of SUMMONS Executed as to Live Oak Retail, Inc. served on 3/9/2016, answer due 3/25/2016, filed.(Meek, Kevin)

20 Filed & Entered: 03/23/2016 Terminated: 03/24/2016 Motion for Extension of Time Docket Text: Unopposed MOTION for Extension of Time To Respond to Plaintiff's First Amended Complaint by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 4/13/2016. (Attachments: # (1) Proposed Order)(Hanor, Charles)

21 Filed & Entered: 03/24/2016 Order on Motion for Extension of Time Docket Text: ORDER granting [20] Motion for Extension of Time; Answer due for Blanco Restaurant, Inc. 4/1/2016; Harlow Food, Inc. 4/1/2016; Live Oak Retail, Inc. 4/1/2016; Shepherd Retail, Inc. 4/1/2016.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

22 Filed & Entered: 03/24/2016 Certificate of Interested Parties Docket Text: Amended CERTIFICATE OF INTERESTED PARTIES by Buc-ee's, Ltd., filed.(Meek, Kevin)

23 Filed & Entered: 03/31/2016 Certificate of Interested Parties Docket Text: CERTIFICATE OF INTERESTED PARTIES by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed.(Hanor, Charles)

24 Filed & Entered: 04/01/2016 Motion to Dismiss for Failure to State a Claim Docket Text: Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Opposed MOTION to Transfer Case to Western District of Texas - San Antonio Division( Motion Docket Date 4/22/2016.) by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. (Attachments: # (1) Proposed Order)(Hanor, Charles)

25 Filed & Entered: 04/05/2016 JointDiscovery/Case Management Plan Docket Text: JOINT DISCOVERY/CASE MANAGEMENT PLAN by Blanco Restaurant, Inc., Buc-ee's, Ltd., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed.(Meek, Kevin)

26 Filed & Entered: 04/07/2016 Notice Regarding Initial Conference Docket Text: Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

27 Filed & Entered: 04/08/2016 Scheduling Order Docket Text: SCHEDULING ORDER. ETT: 5 days. Jury trial. ( Amended Pleadings due by 7/1/2016., Joinder of Parties due by 6/17/2016, Pltf Expert Report due by 10/21/2016., Deft Expert Report due by 11/18/2016., Discovery due by 12/16/2016., Dispositive Motion Filing due by 1/9/2017., Non-Dispositive Motion Filing due by 1/9/2017., Joint Pretrial Order due by 4/10/2017., Jury Trial set for 4/17/2017 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison), The scheduled initial conference is cancelled.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

28 Filed & Entered: 04/13/2016 Amended Motion Docket Text: Opposed AMENDED [24] MOTION by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 5/4/2016. (Hanor, Charles)

29 Filed & Entered: 04/22/2016 Response in Opposition to Motion Docket Text: RESPONSE in Opposition to [28] Opposed AMENDED [24] MOTION, [24] Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Opposed MOTION to Transfer Case to Western District of Texas - San Antonio Division, filed by Buc-ee's, Ltd.. (Attachments: # (1) Proposed Order)(Meek, Kevin)

30 Filed & Entered: 05/02/2016 Reply to Response to Motion Docket Text: Opposed REPLY to Response to [24] Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Opposed MOTION to Transfer Case to Western District of Texas - San Antonio Division, filed by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc.. (Attachments: # (1) Exhibit Certified Status Copy of Alligator Registration)(Hanor, Charles)

31 Filed & Entered: 05/05/2016 Terminated: 05/05/2016 Motion to Appear Pro Hac Vice Docket Text: MOTION for Eric J Hamp to Appear Pro Hac Vice by Buc-ee's, Ltd., filed. Motion Docket Date 5/26/2016. (bgarces, 7)

32 Filed & Entered: 05/05/2016 Terminated: 05/05/2016 Motion to Appear Pro Hac Vice Docket Text: MOTION for Katherine Laatsch Fink to Appear Pro Hac Vice by Buc-ee's, Ltd., filed. Motion Docket Date 5/26/2016. (bgarces, 7)

33 Filed & Entered: 05/05/2016 Terminated: 05/05/2016 Motion to Appear Pro Hac Vice Docket Text: MOTION for Joseph J. Berghammer to Appear Pro Hac Vice by Buc-ee's, Ltd., filed. Motion Docket Date 5/26/2016. (bcampos, 1)

34 Filed & Entered: 05/05/2016 Order on Motion to Appear Pro Hac Vice Docket Text: ORDER Granting [31] Eric J. Hamp Motion to Appear Pro Hac Vice for BUC-EE'S, LTD..(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)

35 Filed & Entered: 05/05/2016 Order on Motion to Appear Pro Hac Vice Docket Text: ORDER Granting [32] Katherine Laatsh Fink Motion to Appear Pro Hac Vice for BUC-EE'S, LTD..(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)

36 Filed & Entered: 05/05/2016 Order on Motion to Appear Pro Hac Vice Docket Text: ORDER Granting [33] Joseph J. Berghammer Motion to Appear Pro Hac Vice for BUC-EE'S, LTD..(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)

37 Filed & Entered: 05/19/2016 Notice of Referral of Motion to Magistrate Judge (FORM, noticing) Docket Text: NOTICE of Referral of Motion to Magistrate Judge Dena Hanovice Palermo re [28] Opposed AMENDED [24] MOTION, [24] Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Opposed MOTION to Transfer Case to Western District of Texas - San Antonio Division, filed. (jguajardo, 4)

38 Filed & Entered: 06/22/2016 Terminated: 07/18/2016 Motion for Entry of Order Docket Text: Opposed MOTION for Entry of Order re: Protective Order by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 7/13/2016. (Attachments: # (1) Exhibit Buc-ee's Proposed Changes, # (2) Exhibit Accepted Changes by both Paties, # (3) Proposed Order)(Hanor, Charles)

39 Filed & Entered: 06/23/2016 Order Docket Text: ORDER FOR EXPEDITED BRIEFING; Re: [38] Motion to Enter Protective Order Plaintiff's Responses due by 7/1/2016. Defendant's Replies due by 7/8/2016(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)

40 Filed & Entered: 06/23/2016 Terminated: 07/11/2016 Motion to Compel Docket Text: Opposed MOTION to Compel Answers to Interrogatories by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 7/14/2016. (Attachments: # (1) Proposed Order)(Hanor, Charles)

41 Filed & Entered: 06/24/2016 Order Docket Text: ORDER FOR EXPEDITED BRIEFING ; Motion-related deadline set re: [40] Opposed MOTION to Compel Answers to Interrogatories Responses due by 7/11/2016. Replies due by 7/15/2016(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

42 Filed & Entered: 07/01/2016 Response in Opposition to Motion Docket Text: RESPONSE in Opposition to [38] Opposed MOTION for Entry of Order re: Protective Order, filed by Buc-ee's, Ltd.. (Attachments: # (1) Exhibit A - Buc-ee's Proposed Protective Order, # (2) Exhibit B - Redline Proposed Protective Order, # (3) Declaration of H. Tracy Richardson in Support, # (4) Proposed Order)(Hamp, Eric)

43 Filed & Entered: 07/07/2016 Terminated: 07/07/2016 Motion to Withdraw Document Docket Text: Unopposed MOTION to Withdraw [40] Opposed MOTION to Compel Answers to Interrogatories by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 7/28/2016. (Attachments: # (1) Proposed Order Proposed Order)(Hanor, Charles)

44 Filed: 07/07/2016 Entered: 07/08/2016 Order on Motion to Withdraw Docket Text: ORDER Granting [43] Motion to Withdraw; Withdrawing without prejudice [40] Opposed MOTION to Compel Answers to Interrogatories.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)

45 Filed & Entered: 07/08/2016 Reply to Response to Motion Docket Text: Opposed REPLY to Response to [38] Opposed MOTION for Entry of Order re: Protective Order, filed by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc.. (Hanor, Charles)

46 Filed & Entered: 07/12/2016 Notice of Setting (FORM, noticing) - Judge Ellison Docket Text: NOTICE of Setting as to [38] Opposed MOTION for Entry of Order re: Protective Order. Parties notified. Motion Hearing set for 7/18/2016 at 10:45 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4) Filed & Entered: 07/18/2016 Motion Hearing Docket Text: Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/18/2016 granting in part, denying in part [38] Opposed MOTION for Entry of Order re: Protective Order. Order to be entered Appearances: Charles W Hanor, Joseph J Berghammer, Harry Tracy Richardson, III.(Court Reporter: K. Metzger), filed.(olindor, 4)

47 Filed & Entered: 07/18/2016 Order Docket Text: ORDER granting in part, denying in part [38] Defendants' Motion to Enter Protective Order. (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)

48 Filed & Entered: 07/19/2016 AO435 Transcript Request Docket Text: AO 435 TRANSCRIPT REQUEST by Joseph J. Berghammer for Transcript of Motion Hearing on 7/18/16 before Judge Ellison. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Berghammer, Joseph)

49 Filed & Entered: 07/19/2016 AO435 Transcript Request Docket Text: AO 435 TRANSCRIPT REQUEST by Charles W. Hanor for Transcript of Motion Hearing on 7/18/16 before Judge Ellison. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Kathy Metzger, filed. (Hanor, Charles)

50 Filed & Entered: 07/25/2016 Proposed Order Docket Text: Agreed PROPOSED ORDER (Agreed Scheduling / Docket Control Order) re: [47] Order, filed.(Berghammer, Joseph)

51 Filed & Entered: 07/26/2016 Scheduling Order Docket Text: SCHEDULING ORDER. ETT: 5 days. Jury trial. Amended Pleadings due by 7/1/2016. Joinder of Parties due by 6/17/2016 Pltf Expert Report due by 10/1/2016. Deft Expert Report due by 11/1/2016. Discovery due by 12/1/2016. Dispositive and Non-Dispositive Motion Filing due by 10/24/2016. Joint Pretrial Order due by 1/17/2017. Jury Trial set for 1/24/2017 at 08:30 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

52 Filed & Entered: 07/29/2016 Transcript Docket Text: TRANSCRIPT re: Motion Hearing held on July 18, 2016 before Judge Keith P Ellison. Court Reporter/Transcriber Kathleen Miller. Ordering Party Joseph Berghammer Release of Transcript Restriction set for 10/27/2016., filed. (kmiller, )

53 Filed & Entered: 08/01/2016 Notice of Filing of Official Transcript Docket Text: Notice of Filing of Official Transcript as to [52] Transcript. Party notified, filed. (dhansen, 4)

54 Filed & Entered: 08/02/2016 Terminated: 08/03/2016 Motion to Appear Pro Hac Vice Docket Text: MOTION for Janice V. Mitrius to Appear Pro Hac Vice by Buc-ee's, Ltd., filed. Motion Docket Date 8/23/2016. (Meek, Kevin)

55 Filed & Entered: 08/03/2016 Order Docket Text: ORDER granting [54] MOTION for Janice V. Mitrius to Appear Pro Hac Vice (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)

56 Filed & Entered: 08/16/2016 Proposed Order Docket Text: Agreed PROPOSED ORDER Agreed Proposed Protective Order, filed.(Meek, Kevin)

57 Filed & Entered: 08/17/2016 Protective Order Docket Text: PROTECTIVE ORDER (Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)

58 Filed & Entered: 08/24/2016 Supplement Docket Text: Opposed SUPPLEMENT to [24] Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Opposed MOTION to Transfer Case to Western District of Texas - San Antonio Division, [30] Reply to Response to Motion, by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. (Attachments: # (1) Exhibit Certified Trademark Registration)(Hanor, Charles)

59 Filed & Entered: 08/30/2016 Response Docket Text: RESPONSE to [58] Supplement, Filing, filed by Buc-ee's, Ltd.. (Mitrius, Janice)

60 Filed & Entered: 09/02/2016 Terminated: 09/26/2016 Motion to Amend Docket Text: Unopposed MOTION to Amend [51] Scheduling Order, by Buc-ee's, Ltd., filed. Motion Docket Date 9/23/2016. (Attachments: # (1) Exhibit A - Proposed Amended Scheduling / Docket Control Order)(Mitrius, Janice)

61 Filed: 09/06/2016 Entered: 09/08/2016 Scheduling Order Docket Text: AMENDED SCHEDULING/ DOCKET CONTROL ORDER. Trial Term: 5 days. Jury. Amended Pleadings due by 7/1/2016. Joinder of Parties due by 6/17/2016. Pltf Expert Report due by 10/21/2016. Deft Expert Report due by 11/21/2016. Discovery due by 12/21/2016. Dispositive Motion Filing due by 11/11/2016. Non-Dispositive Motion Filing due by 11/11/2016. Joint Pretrial Order due by 1/17/2017. Jury Trial set for 1/24/2017 at 08:30 AM in Courtroom 3A before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)

62 Filed: 09/29/2016 Entered: 09/30/2016 Order Docket Text: ORDER Hearing for Defendant's Motion to Dismiss and Motion to Transfer Venue set for 11/17/2016 at 10:30 AM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)

63 Filed & Entered: 10/12/2016 Terminated: 10/13/2016 Motion for Leave to File Document Docket Text: Unopposed MOTION for Leave to File Second Amended Complaint by Buc-ee's, Ltd., filed. Motion Docket Date 11/2/2016. (Attachments: # (1) Exhibit 1 - Buc-ee's Second Amended Complaint, # (2) Exhibit 2 - Redline Second Amended Complaint, # (3) Proposed Order)(Mitrius, Janice)

64 Filed & Entered: 10/13/2016 Order on Motion for Leave to File Docket Text: ORDER granting [63] M otion for Leave to File Second Amended Complaint. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)

65 Filed & Entered: 10/13/2016 Amended Complaint/Counterclaim/Crossclaim etc. Docket Text: AMENDED COMPLAINT against All Defendants filed by Buc-ee's, Ltd. Related document: [13] Amended Complaint filed by Buc-ee's, Ltd.. (Attachments: # (1) Exhibit) (wbostic, 4)

66 Filed & Entered: 10/17/2016 Terminated: 10/18/2016 Motion to Amend Docket Text: Unopposed MOTION to Amend [61] Scheduling Order,, by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 11/7/2016. (Attachments: # (1) Exhibit Proposed Amended Scheduling / Docket Control Order)(Hanor, Charles)

67 Filed & Entered: 10/17/2016 Terminated: 10/18/2016 Amended Motion Docket Text: Unopposed AMENDED [66] MOTION, Joint MOTION to Amend [60] Unopposed MOTION to Amend [51] Scheduling Order, ( Motion Docket Date 11/7/2016.) by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. (Attachments: # (1) Exhibit)(Hanor, Charles)

69 Filed: 10/17/2016 Entered: 10/19/2016 Scheduling Order Docket Text: AMENDED SCHEDULING ORDER. ETT: 5 days. Jury trial. Amended Pleadings due by 7/1/2016. Joinder of Parties due by 6/17/2016 Pltf Expert Report due by 10/21/2016. Deft Expert Report due by 11/28/2016. Discovery due by 12/1/2016. Dispositive and Non-Dispositive Motion Filing due by 10/24/2016. Joint Pretrial Order due by 1/17/2017. Jury Trial set for 1/24/2017 at 08:30 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

68 Filed: 10/18/2016 Entered: 10/19/2016 Order Docket Text: ORDER granting Motion to Amend [51] Scheduling Order. ( Amended Pleadings due by 7/1/2016., Deft Expert Report due by 11/28/2016., Discovery due by 12/21/2016., Dispositive Motion Filing due by 11/11/2016., Joinder of Parties due by 6/17/2016, Joint Pretrial Order due by 1/17/2017., Non-Dispositive Motion Filing due by 11/11/2016., Pltf Expert Report due by 10/26/2016., Jury Trial set for 1/24/2017 at 08:30 AM in Courtroom 3A Houston before Judge Keith P Ellison). (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4)

70 Filed & Entered: 10/20/2016 Order Docket Text: ORDER vacating [69] Scheduling Order (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

71 Filed & Entered: 11/02/2016 Order Docket Text: ORDER Status Conference set for 11/3/2016 at 10:30 AM in by telephone before Magistrate Judge Dena Hanovice Palermo (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)

Filed & Entered: 11/03/2016 Status Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Dena Hanovice Palermo. STATUS CONFERENCE held on 11/3/2016. Court finds that Defendants Motion to Dismiss (24) is MOOT because Plaintiff filed a Second Amended Complaint on 10/13/16 (Doc. 65). Defendants shall file responsive pleading to Plaintiffs Second Amended Complaint by November 11, 2016. Defendants will also notify Court if it will be seeking to transfer case to Western District of Texas. Order to follow. Appearances: Charles W Hanor, Janice V Mitrius, Harry Tracy Richardson, III.(Court Reporter: M. Malone), filed.(cfelchak, 4)

72 Filed & Entered: 11/03/2016 Order on Motion to Dismiss for Failure to State a Claim Docket Text: ORDER Court find Motion to Dismiss moot [24] Motion to Dismiss for Failure to State a Claim. Defendants to file a responsive pleading to Plaintiff's Second Amended Complaint by 11/11/2016. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)

73 Filed & Entered: 11/04/2016 Order Docket Text: ORDER Defendant's notified Court they are no longer seeking to transfer venue to the Western District of Texas. The hearing scheduled for this matter on 11/17/2016 has been cancelled., Deadlines terminated (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)

74 Filed & Entered: 11/11/2016 Terminated: 12/06/2016 Motion to Seal Docket Text: Opposed MOTION to Seal Exhibit B; Exhibit X by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed. Motion Docket Date 12/2/2016. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H, # (9) Exhibit Exhibit I, # (10) Affidavit, # (11) Appendix, # (12) Proposed Order, # (13) Exhibit Exhibit X)(Hanor, Charles)

75 Filed & Entered: 11/11/2016 Answer to Amended Complaint Docket Text: ANSWER to [65] Amended Complaint/Counterclaim/Crossclaim etc. by Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., filed.(Hanor, Charles)

76 Filed & Entered: 11/16/2016 Terminated: 11/17/2016 Motion for Leave to File Document Docket Text: Unopposed MOTION for Leave to File Third Amended Complaint by Buc-ee's, Ltd., filed. Motion Docket Date 12/7/2016. (Attachments: # (1) Exhibit 1 - Buc-ee's Third Amended Complaint, # (2) Exhibit 2 - Redline Third Amended Complaint, # (3) Proposed Order)(Hamp, Eric)

77 Filed & Entered: 11/17/2016 Order on Motion for Leave to File Docket Text: ORDER granting [76] Motion for Leave to File Third Amended Complaint. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4)

78 Filed & Entered: 11/17/2016 Amended Complaint/Counterclaim/Crossclaim etc. Docket Text: Third AMENDED COMPLAINT with Jury Demand against Blanco Restaurant, Inc., Harlow Food, Inc., Live Oak Retail, Inc., Shepherd Retail, Inc., Mariam, Inc., S.W. Retail Inc., Falfurrias Highway Foods, Inc., Highway 46 Retail, Inc. filed by Buc-ee's, Ltd..(gclair, 4)

79 Filed & Entered: 11/25/2016 Terminated: 11/28/2016 Motion to Seal Docket Text: MOTION to Seal Defendants' Motion to Compel and Exhibit A by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 12/16/2016. (Hanor, Charles)

80 Filed & Entered: 11/25/2016 Sealed Event Docket Text: Sealed Event, filed. (With attachments)

81 Filed & Entered: 11/28/2016 Proposed Order Docket Text: PROPOSED ORDER Granting Defendants' Motion to Compel re: [80] Sealed Event, filed.(Hanor, Charles)

82 Filed & Entered: 11/28/2016 Order on Motion to Seal Docket Text: ORDER granting [79] MOTION to Seal Defendants' Motion to Compel and Exhibit A.(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)

83 Filed & Entered: 12/02/2016 Answer to Amended Complaint Docket Text: ANSWER to [78] Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc., filed.(Hanor, Charles)

84 Filed & Entered: 12/02/2016 Terminated: 12/05/2016 Motion to Seal Docket Text: Unopposed MOTION to Seal Opposition to Motion for Partial Summary Judgment by Buc-ee's, Ltd., filed. Motion Docket Date 12/23/2016. (Attachments: # (1) Proposed Order)(Hamp, Eric)

85 Filed & Entered: 12/02/2016 Sealed Event Docket Text: Sealed Event Response in Opposition to Defendant's Motion for Partial Summary Judgment, filed. (With attachments) Modified on 12/13/2016 (sloewe, 4).

86 Filed & Entered: 12/05/2016 Order on Motion to Seal Docket Text: ORDER granting [84] Motion to Seal Opposition to Motion for Partial Summary Judgment. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4)

87 Filed & Entered: 12/06/2016 Order on Motion to Seal Docket Text: ORDER granting [74] Motion to Seal Motion for Partial Summary Judgment. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4)

88 Filed & Entered: 12/12/2016 Terminated: 12/13/2016 Motion to Seal Docket Text: MOTION to Seal Defendants' Reply in Support of its Motion for Partial Summary Judgment and attached Exhibits by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 1/3/2017. (Hanor, Charles)

89 Filed & Entered: 12/12/2016 Sealed Event Docket Text: Sealed Event-DEFENDANTS REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT, filed. (With attachments) Modified on 12/13/2016 (sloewe, 4).

90 Filed & Entered: 12/13/2016 Sealed Event Docket Text: Sealed Event-Partial Motion for Summary Judgment by Defendants, filed.

91 Filed & Entered: 12/13/2016 Proposed Order Docket Text: PROPOSED ORDER re: [88] MOTION to Seal Defendants' Reply in Support of its Motion for Partial Summary Judgment and attached Exhibits, filed.(Hanor, Charles)

92 Filed & Entered: 12/13/2016 Order on Motion to Seal Docket Text: ORDER granting [88] Motion to Seal. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)

93 Filed: 12/13/2016 Entered: 12/14/2016 Order Referring Case to Magistrate Judge Docket Text: ORDER REFERRING CASE to Magistrate Judge Dena Hanovice Palermo. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)

94 Filed: 12/13/2016 Entered: 12/14/2016 Order Referring Case to Magistrate Judge Docket Text: ORDER REFERRING CASE to Magistrate Judge Dena Hanovice Palermo. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)

95 Filed & Entered: 12/16/2016 Motion for Discovery Docket Text: Unopposed MOTION for Discovery by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 1/6/2017. (Attachments: # (1) Proposed Order)(Hanor, Charles)

96 Filed & Entered: 12/16/2016 Response in Opposition to Motion Docket Text: RESPONSE in Opposition to [80] Sealed Event, filed by Buc-ee's, Ltd.. (Attachments: # (1) Declaration of Alex Simonson, # (2) Exhibit 1, # (3) Proposed Order)(Hamp, Eric)

12/19/2016 97 ORDER granting 95 Unopposed MOTION for Discovery. Defendants may conduct Don Wasek's deposition and his 30(b)(6) deposition on January 5, 2017. (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) (Entered: 12/19/2016) 12/20/2016 98 Unopposed MOTION for Leave to Take the Deposition of Jacob Jacoby after the Close of Discovery Deadline by Buc-ee's, Ltd., filed. Motion Docket Date 1/10/2017. (Attachments: # 1 Proposed Order)(Mitrius, Janice) (Entered: 12/20/2016) 12/21/2016 99 MOTION to Seal Motion to Compel by Buc-ee's, Ltd., filed. Motion Docket Date 1/11/2017. (Attachments: # 1 Proposed Order)(Hamp, Eric) (Entered: 12/21/2016) 12/21/2016 100 Sealed Event, filed. (With attachments) (Entered: 12/21/2016) 12/26/2016 101 MOTION to Seal Defendants' Reply in Support of its Motion to Compel and Attached Exhibits by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 1/17/2017. (Attachments: # 1 Proposed Order)(Hanor, Charles) (Entered: 12/26/2016) 12/26/2016 102 Sealed Event, filed. (With attachments) (Entered: 12/26/2016) 12/27/2016 103 ORDER granting 98 Motion for Leave to Take the Deposition of Jacob Jacoby after the Close of Discovery Deadline. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) (Entered: 12/28/2016) 12/27/2016 104 ORDER granting 101 Motion to Seal Defendants' Reply in Support of its Motion to Compel and Attached Exhibits. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) (Entered: 12/28/2016) 12/27/2016 105 ORDER granting 99 Motion to Seal Motion to Compel by Buc-ee's.(Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) (Entered: 12/28/2016) 12/27/2016 106 ORDER Referring 100 Motion to Compel. MOTIONS REFERRED to Magistrate Judge Dena Hanovice Palermo re: 100 Sealed Event. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) (Entered: 12/28/2016) ~ 2017 ~ 01/04/2017 ***Set/Reset Deadlines/Hearings: Jury Trial set for 1/24/2017 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison (sloewe, 4) (Entered: 01/04/2017) 01/05/2017 107 MOTION to Seal MOTION for Additional Discovery After the Close of Discovery Deadline - and Request for Expedited Briefing by Buc-ee's, Ltd., filed. Motion Docket Date 1/26/2017. (Attachments: # 1 Proposed Order)(Hamp, Eric) (Entered: 01/05/2017) 01/05/2017 108 Sealed Event, filed. (With attachments) (Entered: 01/05/2017) 01/06/2017 109 ORDER granting 107 Motion for leave to file under seal.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 01/06/2017) 01/06/2017 110 Opposed MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Motion to Compel - and Request for Expedited Briefing by Buc-ee's, Ltd., filed. Motion Docket Date 1/27/2017. (Attachments: # 1 Exhibit A - Supplemental Brief, # 2 Exhibit 1 - Declaration of Janice Mitrius, # 3 Proposed Order)(Hamp, Eric) (Entered: 01/06/2017) 01/10/2017 111 ORDER granting 110 Plaintiff's Motion for Leave to File a Supplemental Brief in Opposition to Defendant's Motion.(Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4) (Entered: 01/10/2017) 01/10/2017 112 SUPPLEMENTAL BRIEF in Opposition by Buc-ee's, Ltd., filed. (Attachments: # 1 Declaration in Support)(cfelchak, 4) (Entered: 01/10/2017) 01/10/2017 113 ORDER. The trial date in the above-referenced case is hereby VACATED pending the resolution of outstanding motions. (Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4) (Entered: 01/10/2017) 01/10/2017 114 Joint RESPONSE to 90 Sealed Event and Related Correspondence, filed by Buc-ee's, Ltd.. (Hamp, Eric) (Entered: 01/10/2017) 01/11/2017 115 MOTION to Seal Defendants' Response in Opposition to Plaintiff's Motion to Compel and Associated Exhibits by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 2/1/2017. (Attachments: # 1 Proposed Order)(Hanor, Charles) (Entered: 01/11/2017) 01/11/2017 116 Sealed Event, filed. (With attachments) (Entered: 01/11/2017) 01/13/2017 117 ORDER REFERRING Motion to Magistrate Judge Dena Hanovice Palermo(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4) (Entered: 01/13/2017) 01/13/2017 118 ORDER granting 115 Motion to Seal.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 01/13/2017) 01/20/2017 119 Joint MOTION for Case Status Conference Motions referred to Dena Hanovice Palermo. by Buc-ee's, Ltd., filed. Motion Docket Date 2/10/2017. (Attachments: # 1 Proposed Order)(Mitrius, Janice) (Entered: 01/20/2017) 01/23/2017 120 ORDER granting 119 Motion for Status Conference Telephone Status Conference set for 1/25/2017 at 11:00 AM in Chambers before Magistrate Judge Dena Hanovice Palermo. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4) (Entered: 01/23/2017) 01/23/2017 121 MOTION to Seal Reply to its Motion to CompelMotions referred to Dena Hanovice Palermo. by Buc-ee's, Ltd., filed. Motion Docket Date 2/13/2017. (Attachments: # 1 Proposed Order)(Hamp, Eric) (Entered: 01/23/2017) 01/23/2017 122 Sealed Event, filed. (With attachments) (Entered: 01/23/2017) 01/24/2017 123 ORDER granting 121 Motion to File Under Seal Reply in Support of its Motion to Compel. Parties are not to file any other sur-replies or other responses to the Motion to Compel. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4) (Entered: 01/24/2017) 01/24/2017 124 Opposed MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Motion for Partial Summary Judgment, MOTION to Seal Supplemental Brief( Motion Docket Date 2/14/2017.)Motions referred to Dena Hanovice Palermo. by Buc-ee's, Ltd., filed. (Attachments: # 1 Proposed Order)(Hamp, Eric) (Entered: 01/24/2017) 01/24/2017 125 Sealed Event, filed. (With attachments) (Entered: 01/24/2017) 01/24/2017 126 ORDER granting 124 Plaintiff's Motion for Leave to File a Supplemental Brief; granting 124 Motion to be Filed Under Seal. Parties may not file any other sur-replies or other responses to the Motion for Partial Summary Judgment without leave of the Court. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4) (Entered: 01/25/2017) 01/25/2017 127 ORDER referring motion to Magistrate Judge. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 01/25/2017) 01/25/2017 Minute Entry for proceedings held before Magistrate Judge Dena Hanovice Palermo. STATUS CONFERENCE held on 1/25/2017. The Court heard argument on the following motions and made the following rulings: Granting 100 Plaintiffs Motion to Compel. Defendant is to supplement responses to interrogatory and request for production consistent with rulings on record within 10 days. Granting in part and denying in part 80 Defendants Second Opposed Motion to Compel an Answer to Interrogatory no. 14. Plaintiff is to supplement responses to interrogatory consistent with rulings on the record with in 10 days. Granting 108 Plaintiffs Motion to Obtain Additional Discovery after Deadline. Plaintiff may take deposition of Jarrett Pfeil within 30 days of todays date. No other order to follow. Appearances: Charles W Hanor, Joseph J Berghammer, Janice V Mitrius (by phone), Harry Tracy Richardson, III.(ERO:George Kelner), filed.(cfelchak, 4) (Entered: 01/25/2017) 01/25/2017 128 AO 435 TRANSCRIPT REQUEST by Panjwani et al for Transcript of STATUS CONFERENCE held on 1/25/2017 before Magistrate Judge Dena Hanovice Palermo. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: ERO, filed. (Hanor, Charles) Modified on 1/25/2017 (sroque, 4). Electronically forwarded to Exceptional Reporting Services on 1/27/2017. Estimated Transcript Completion Date: 2/3/2017. (LinhthuDo, ). (Entered: 01/25/2017) 01/25/2017 129 AO 435 TRANSCRIPT REQUEST by Janice V. Mitrius for Transcript of Motion Hearing on 1/25/2017 before Magistrate Judge Dena Hanovice Palermo. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Mitrius, Janice) Copy electronically forwarded to Exceptional Reporting Services on 1/27/2017. Estimated Transcript Completion Date: 2/3/2017. (LinhthuDo, ). (Entered: 01/25/2017) 02/01/2017 130 TRANSCRIPT re: STATUS CONFERENCE held on 1/25/17 before Magistrate Judge Dena Hanovice Palermo. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party CHARLES W. HANOR Release of Transcript Restriction set for 5/2/2017., filed. (thudson, ) (Entered: 02/01/2017) 02/02/2017 131 Notice of Filing of Official Transcript as to 130 Transcript,. Party notified, filed. (hcarr, 4) (Entered: 02/02/2017) 02/10/2017 132 Unopposed MOTION to Redact 130 Transcript, and/or Seal Motions referred to Dena Hanovice Palermo. by Buc-ee's, Ltd., filed. Motion Docket Date 3/3/2017. (Attachments: # 1 Proposed Order)(Mitrius, Janice) (Entered: 02/10/2017) 02/13/2017 133 ORDER granting 132 Unopposed MOTION to Redact 130 Transcript, and/or Seal 130 Transcript,.(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4) (Entered: 02/13/2017) 03/29/2017 134 Second CERTIFICATE OF INTERESTED PARTIES by Buc-ee's, Ltd., filed.(Mitrius, Janice) (Entered: 03/29/2017) 04/21/2017 135 Unopposed MOTION to Seal Motion for leave to Take the Deposition of Ben E. Keith Co. Employee Kai NeumannMotions referred to Dena Hanovice Palermo. by Buc-ee's, Ltd., filed. Motion Docket Date 5/12/2017. (Attachments: # 1 Proposed Order)(Mitrius, Janice) (Entered: 04/21/2017) 04/21/2017 136 Sealed Event, filed. (With attachments) (Entered: 04/21/2017) 04/24/2017 137 ORDER granting 135 Unopposed MOTION to Seal Motion for leave to Take the Deposition of Ben E. Keith Co. Employee Kai Neumann (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) (Entered: 04/24/2017) As a Remonder, the documents that we consider to be relevant have links. They are high-lighted in RED. These documents can be viewed or downloaded by clicking on the link. 05/05/2017 138 RESPONSE in Opposition to 136 Sealed Event, filed by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., S.W. Retail Inc., Shepherd Retail, Inc.. ( Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hanor, Charles) (Entered: 05/05/2017) 05/11/2017 139 RESPONSE to 136 Sealed Event filed by Ben E. Keith Company. (Nash, William) (Entered: 05/11/2017) 05/15/2017 140 REPLY in Support of 136 Sealed Event, filed by Buc-ee's, Ltd.. (Mitrius, Janice) (Entered: 05/15/2017) 05/19/2017 141 NOTICE of Setting as to 136 Sealed Event. Parties notified. Motion Hearing set for 5/30/2017 at 02:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 05/19/2017) 05/26/2017 142 NOTICE of Appearance by William Nash on behalf of Ben E. Keith Company, filed. (Nash, William) (Entered: 05/26/2017) 05/30/2017 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 5/30/2017. Plaintiff's Motion for Leave to Take Deposition (Doc. No. 136 ) is GRANTED. Trial is set for August 21, 2017. Appearances: William B Nash, Charles W Hanor, Joseph J Berghammer, Janice V Mitrius, Harry Tracy Richardson, III.(Court Reporter: B. Slavin)(Law Clerk: J.Solorzano), filed.(arrivera, 4) (Entered: 05/30/2017) 05/31/2017 143 AO 435 TRANSCRIPT REQUEST by Janice V. Mitrius for Transcript of Motion Hearing on 5/30/17 before Judge Keith P. Ellison. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Bruce Slavin, filed. (Mitrius, Janice) (Entered: 05/31/2017) 06/02/2017 144 AO 435 TRANSCRIPT REQUEST by Charles W. Hanor for Transcript of Motion Hearing on 5/30/17 before Judge Keith P. Ellison. 14-Day turnaround requested. Court Reporter/Transcriber: Bruce Slavin, filed. (Hanor, Charles) (Entered: 06/02/2017) 06/04/2017 145 TRANSCRIPT re: Motion Hearing held on 5-30-17 before Judge Keith P Ellison. Court Reporter/Transcriber B. Slavin. Ordering Party Plaintiff Release of Transcript Restriction set for 9/5/2017., filed. (bslavin, ) (Entered: 06/04/2017) 06/05/2017 146 Notice of Filing of Official Transcript as to 145 Transcript. Party notified, filed. (hcarr, 4) (Entered: 06/05/2017) 06/19/2017 147 Joint MOTION JOINT MOTION TO ENTER A SCHEDULING / DOCKET CONTROL ORDER AND SET A FINAL PRETRIAL CONFERENCE DATEMotions referred to Dena Hanovice Palermo. by Buc-ee's, Ltd., filed. Motion Docket Date 7/10/2017. (Attachments: # 1 Proposed Order)(Mitrius, Janice) (Entered: 06/19/2017) 06/20/2017 148 SCHEDULING ORDER Granting 147 Joint MOTION JOINT MOTION TO ENTER A SCHEDULING / DOCKET CONTROL ORDER AND SET A FINAL PRETRIAL CONFERENCE DATE. ETT: 5 days. Jury. ( Pretrial Motions in Limine Filing due by 7/24/2017., Joint Pretrial Order due by 8/14/2017., Pretrial Conference set for 8/16/2017 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, Jury Trial set for 8/21/2017 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison)(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4) (Entered: 06/21/2017) 06/23/2017 149 Opposed MOTION In Limine to Exclude the Defendants' Survey Evidence of Dr. Kim Robertson . by Buc-ee's, Ltd., filed. Motion Docket Date 7/14/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Mitrius, Janice) Modified on 6/27/2017 (arrivera, 4). (Entered: 06/23/2017) 07/05/2017 150 Opposed MOTION In Limine To Exclude Any References To Alleged Failed Surveys. by Buc-ee's, Ltd., filed. Motion Docket Date 7/26/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Hamp, Eric) Modified on 7/6/2017 (arrivera, 4). (Entered: 07/05/2017) 07/07/2017 151 Opposed RESPONSE in Opposition to 149 Opposed MOTION In Limine to Exclude the Defendants' Survey Evidence of Dr. Kim Robertson, filed by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., Amjad Panjwani, S.W. Retail Inc., Shepherd Retail, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15)(Hanor, Charles) (Entered: 07/07/2017) 07/08/2017 152 MOTION for Leave to File Motion In Limine To Exclude Surveys of Dr. Simonson by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., Amjad Panjwani, S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 7/31/2017. (Attachments: # 1 Proposed Order)(Hanor, Charles) (Entered: 07/08/2017) 07/08/2017 153 Opposed MOTION In Limine to Exclude the Surveys of Dr. Alex Simonson by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., Amjad Panjwani, S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 7/31/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Hanor, Charles) (Entered: 07/08/2017) 07/10/2017 154 ORDER granting 152 Defendant's Motion for Leave to File Under Seal it's Motion in Limine to Exclude Plaintiff's Survey Evidence of Dr. Alex Simonson. (Signed by Judge Keith P Ellison) Parties notified. (rosaldana, 4) (Entered: 07/10/2017) 07/10/2017 155 Opposed MOTION In Limine To Preclude Defendants from Presenting, Referencing, or Introducing Any Evidence, Argument, or Material Related to Any Buc-ees Proceedings Involving Third-Party Bucks, Inc. by Buc-ee's, Ltd., filed. Motion Docket Date 7/31/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Fink, Katherine) (Entered: 07/10/2017) 07/11/2017 156 MOTION for Leave to File Motion for Dismissal by Blanco Restaurant, Inc., Falfurrias Highway Foods, Inc., Harlow Food, Inc., Highway 46 Retail, Inc., Live Oak Retail, Inc., Mariam, Inc., Amjad Panjwani, S.W. Retail Inc., Shepherd Retail, Inc., filed. Motion Docket Date 8/1/2017. (Attachments: # 1 Proposed Order)(Hanor, Charles) (Entered: 07/11/2017) 07/11/2017 157 Sealed Event, filed. (With attachments) (Entered: 07/11/2017) 07/12/2017 158 ORDER granting 156 Motion for Leave to File Under Seal it's Motion for Dismissal for Attempting to Influence the Testimony of a Witness. (Signed by Judge Keith P Ellison) Parties notified. (rosaldana, 4) (Entered: 07/12/2017)