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Sream, Inc. v. Superior Discount, LLC

United States District Court, E.D. Louisiana

July 3, 2018

SREAM, INC., Plaintiff
v.
SUPERIOR DISCOUNT, LLC, Defendant SREAM, INC., Plaintiff
v.
JOSEPH TRUONG, INC., Defendant SREAM, INC., Plaintiff
v.
KATTOUM, INC., Defendant SREAM, INC., Plaintiff
v.
SMOKE N' STYLE, Defendant SREAM, INC., Plaintiff
v.
SLIDELL QUICK STOP, INC., Defendant SREAM, INC., Plaintiff
v.
DOCK QUICK SHOP, LLC, Defendant SREAM, INC., Plaintiff
v.
KWICK E MART, ET AL. Defendants SREAM, INC., Plaintiff
v.
DISCOUNT ZONE 5268, Defendant SREAM, INC., Plaintiff
v.
E-Z PICK, INC., Defendant SREAM, INC., Plaintiff
v.
VILLAGE 2015, INC., Defendant SREAM, INC., Plaintiff VERSUS GASCO, Defendant SREAM, INC., Plaintiff
v.
DISCOUNT-N-OUT, Defendant SREAM, INC., Plaintiff
v.
FUEL ZONE, Defendant SREAM, INC., Plaintiff
v.
SUPER DISCOUNT GAS, INC., Defendant SREAM, INC., Plaintiff
v.
QUICKYS DISCOUNT, Defendant SREAM, INC., Plaintiff
v.
DANNY FOOD STORE, Defendant SREAM, INC., Plaintiff
v.
CLAIRBORNE EXPRESS, Defendant SREAM, INC., Plaintiff
v.
SHELL 3032 EXPRESS, LLC, Defendant

         SECTION: “E” (1)

          MINUTE ENTRY

          SUSIE MORGAN UNITED STATES DISTRICT JUDGE.

         A status conference was held on June 27, 2018, at 3:00 p.m. in the chambers of Judge Susie Morgan.

Present: Galen Hair, counsel for Plaintiff, Sream, Inc; Kyle Sclafani, counsel for Defendants, Smoke N' Style; Clairborne Express; Superior Discount, LLC, Joseph Truong, Inc., and Discount Zone 5268; Richard Duplantier, counsel for Defendants, Joseph Truong, Inc. and E-Z Pick, Inc.; Tom Buck and Brett Tweedel, counsel for Defendant, Discount Zone 5268, LLC; Lindsey Devereux, counsel for Defendants, Redfish Gas and Go, Inc. and Orleans Center Market, LLC; Charles Stiegler, counsel for Defendant Alfourat, Inc.; Patrick Schepens on behalf of Timothy Hassinger, counsel for third party Defendant Seneca Specialty Insurance Co.; Michael Cohen, counsel for Defendant, Discount N-Out, LLC; Thorne Harris, counsel for third party Defendant, India Imports, LLC; Marjorie Esman on behalf of Marie Breaux, counsel for Defendant, Quickys Discount; Dan Smetherman, counsel for Defendant, Super Discount Gas, Inc.; Nathan Chiantella, counsel for Defendant, Danny Food Store.
Not Present: Robert Evans, counsel for Fuel Zone; Kattoum, Inc., Pro Se Defendant; Slidell Quick Stop, Inc., Pro Se Defendant; Dock Quick Stop, LLC, Pro Se Defendant; Village 2015, Inc., Pro Se Defendant; Shell 3032 Express, LLC, Pro Se Defendant.

         The parties discussed the status of the cases. Plaintiff represented it no longer seeks a temporary restraining order or a preliminary injunction in any of the above captioned cases. Plaintiff maintains its request for a permanent injunction, the merits of which the Court will determine at trial. The Court continued the in person status conference currently set for July 13, 2018 to Wednesday, September 12, 2018 at No. 10:00 a.m.

         With respect to case No. 17-8239, Sream, Inc. v. Fuel Zone, the Court DENIED WITHOUT PREJUDICE AS MOOT Defendant's pending motion to dismiss.[1] Prior to the telephone status conference, counsel for Fuel Zone, Robert Evans, represented he was not able to participate due to an illness. With respect to case No. 17-8238, Sream, Inc. v. Discount N-Out, the Court GRANTED Third Party Defendant India Imports, Inc.'s motion to enroll Thorne Harris as counsel of record.[2]

         IT IS ORDERED that the parties adhere to the revised scheduling order, as set forth below:

Initial disclosures

Initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1) have not been completed and must be exchanged no later than July 2, 2018

Amendments to pleadings, third-party actions, cross-claims, and counterclaims

Filed and served no later than July 2, 2018

Status conference

September 12, 2018 at 10:00 a.m.

Second status conference

March 15, 2019 at 12:00 p.m.

Plaintiff's expert reports

Delivered to defense counsel by April 19, 2019

Defendant's expert reports

Delivered to plaintiff's counsel by May 21, 2019

Witness lists Each witness must be identified by name and address. The listing of a witness as a representative of an entity is not sufficient See pretrial notice at p. 7

Filed and served upon opponents by May 21, 2019

Exhibit lists Each exhibit must be listed with specificity and be Bates numbered. Broad, general categories of exhibits are not sufficient See pretrial notice at pp. 5-6

Filed and served upon opponents by May 21, 2019

Depositions and discovery Failure to comply with this order may result in sanctions pursuant to Rule 37

Completed by June 4, 2019

Non-evidentiary pretrial motions and motions in limine regarding the admissibility of expert testimony See Scheduling Order at p. 3 regarding the format of depositions

Filed and served no later than June 11, 2019 (in sufficient time to permit a submission date on or before June 26, 2019)

Responses/oppositions to non-evidentiary pretrial motions and motions in limine regarding the admissibility of expert testimony

Filed and served no later than June 18, 2019

Pretrial order Any exhibits to be used solely for impeachment must be presented to the Court for in camera review by this deadline. See Section IX.10.b of the pretrial notice

Filed by June 24, 2019 at 5:00 p.m.

Pretrial conference Attended by lead attorney. (See Local Rule 11.2)

June 27, 2019 at 1:00 p.m.

Final list of witnesses who will be called at trial

Filed no later than July 5, 2019 at 5:00 p.m.

Motions in limine (other than those regarding the admissibility of expert testimony) and memoranda in support

Filed no later than August 1, 2019 at 5:00 p.m.

Responses to motions in limine

Filed by August 8, 2019 at 5:00 p.m.

Joint statement of the case See pretrial notice at p. 8

Filed by August 12, 2019 at 5:00 p.m.

Joint jury instruction (or if agreement cannot be reached, counsel shall provide alternate versions with respect to any instruction in dispute, with its reasons for putting forth an alternative instruction and the law in support thereof See pretrial notice at p. 8

Filed and emailed to the Court by August 12, 2019 at 5:00 p.m.

Joint proposed jury verdict form (or if agreement cannot be reached, separate proposed jury verdict forms and a joint memorandum explaining the disagreements between the parties as to the verdict form) See pretrial notice at p. 8

Filed by August 12, 2019 at 5:00 p.m.

Proposed special voir dire questions See pretrial notice at p. 8

Filed by August 12, 2019 at 5:00 p.m.

Objections to exhibits and supporting memoranda NOTE: Each objection must identify the relevant objected-to exhibit by the number assigned to the exhibit in the joint bench book(s) See pretrial notice at p. 5

Filed by August 12, 2019 at 5:00 p.m.

Two copies of joint bench book(s) of tabbed exhibits, with indices of "objected-to" and "unobjected-to" exhibits, identifying which party will offer each exhibit and which witness will testify regarding the exhibit at trial See pretrial notice at pp. 5-6

Delivered to the Court by August 12, 2019 at 5:00 p.m.

Trial memoranda See pretrial notice at pp. 8-9

Filed by August 12, 2019 at 5:00 p.m.

Objections to deposition testimony and supporting memoranda See pretrial notice at p. 6 with particular attention to instructions regarding the format of depositions

Filed by August 12, 2019 at 5:00 p.m.

Responses to objections to exhibits See pretrial notice at p. 5

Filed by August 14, 2019 at 5:00 p.m.

Responses to objections to deposition testimony See pretrial notice at p. 6

Filed by August 14, 2019 at 5:00 p.m.

If counsel intends to ask questions on cross-examination of an economic expert which require mathematical calculations See pretrial notice at p. 7

The factual elements of such questions shall be submitted to the expert witness by August 14, 2019 at 5:00 p.m.

List and brief description of any charts, graphs, models, schematic diagrams, and similar objects intended to be used in opening statements or closing arguments See pretrial notice at p. 7

Provided to opposing counsel by August 14, 2019 at 5:00 p.m.

Objections to any charts, graphs, models, schematic diagrams, and similar objects intended to be used by opposing counsel in opening statements or closing arguments See pretrial notice at p. 7

Filed by August 15, 2019 at 5:00 p.m.

Jury trial Whenever a case is settled or otherwise disposed of, counsel must immediately inform the clerk's office, judge to whom the case is allotted, and all persons subpoenaed as witnesses. If a case is settled as to fewer than all parties or all claims, counsel must also identify the remaining parties and unsettled claims. See Local Rule 16.4

August 19, 2019 at 9:00 a.m.

---------

Notes:

[1] No. 17-8239, R. Doc. 15.

[2] No. 17-8238, R. Doc. 33.


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