SFM LLC v. Best Roast Coffee et al
| SFM LLC and SFM LLC doing business as Sprouts Farmers Market |
| Jason Roe, Best Roast Coffee LLC and Unknown Party |
| 2:2019cv04820 |
| July 25, 2019 |
| US District Court for the District of Arizona |
| James A Teilborg |
| Property Rights: Trademark |
| 15 U.S.C. § 1121 |
| Plaintiff |
Docket Report
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| Filing 27 RESPONSE to Motion re: #9 MOTION for Preliminary Injunction filed by Best Roast Coffee LLC, Jason Roe. (Peterson, Sterling) |
Filing 26
ORDER: The Court has reviewed the Notice (Doc. #23 ) seeking to have a preliminary injunction summarily entered against Defendants for failing to timely respond to the motion for preliminary injunction (Doc. #9 ) and the response to the Notice (Doc. #24 ). Due to Defendants seeming confusion regarding whether the motion to compel arbitration automatically extended the time to respond to the motion for preliminary injunction, the Court will give Defendants one last opportunity to respond to the motion for preliminary injunction. Thus, IT IS ORDERED that Defendants have until Friday 9/20/2019 to respond to the motion for preliminary injunction (Doc. #9 ). If Defendants do not respond within the deadline set herein, the Court will deem the failure to respond to be consent to the motion for preliminary injunction being granted. See Local Rule Civil 7.2(i). Additionally, because Defendants have already had over six weeks to respond, the Court will not entertain any motions for extension of time. In other words, if Defendants file another motion to stay or any other attempt to avoid or delay a substantive response, including a motion for more time, the Court will deem any such motion to be a failure to respond under Local Rule Civil 7.2(i). Ordered by Senior Judge James A. Teilborg on 9/16/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 25 REPLY to Response to Motion re: #20 MOTION to Stay The Proceedings and Compel Arbitration and Alternatively, Motion for Dismissal MOTION to CompelMOTION to Dismiss for Failure to State a Claim filed by Best Roast Coffee LLC, Jason Roe. (Peterson, Sterling) |
| Filing 24 RESPONSE re: #23 Notice (Other) by Defendants Best Roast Coffee LLC, Jason Roe. (Peterson, Sterling) |
| Filing 23 NOTICE re: Non-Opposition and Request to Summarily Grant Its Motion for Preliminary Injunction by SFM LLC re: #9 MOTION for Preliminary Injunction . (Stahl, Christian) |
| Filing 22 DECLARATION of Isaac Gabriel re: #21 Response in Opposition to Motion to Stay the Proceedings and Compel Arbitration and Alternatively, Motion for Dismissal by Plaintiff SFM LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stahl, Christian) |
| Filing 21 RESPONSE in Opposition re: #20 MOTION to Stay The Proceedings and Compel Arbitration and Alternatively, Motion for Dismissal MOTION to CompelMOTION to Dismiss for Failure to State a Claim filed by SFM LLC. (Stahl, Christian) |
| Filing 20 *MOTION to Stay The Proceedings, MOTION to Compel Arbitration, and Alternatively, MOTION to Dismiss for Failure to State a Claim by Best Roast Coffee LLC, Jason Roe. (Peterson, Sterling). *Added Motion to Compel and Motion to Dismiss for Failure to State a Claim on 8/23/2019 (RMV). |
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Filing 19
STANDARD CIVIL TRACK INITIAL ORDER: IT IS ORDERED, if not already accomplished prior to the date of this Order, that Plaintiff shall effect service of the Complaint and Summons upon all Defendants no later than 90 days after the filing of the Complaint. See attachment for details. Signed by Senior Judge James A Teilborg on 8/13/19. (CLB)
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| Filing 18 SERVICE EXECUTED filed by SFM LLC: Affidavit of Service re: Summons, Complaint, MIDP Notice, Motion for Preliminary Injunction upon Best Roast Coffee, LLC on 8/2/2019. (Stahl, Christian) |
| Filing 17 SERVICE EXECUTED filed by SFM LLC: Affidavit of Service re: Summons, Complaint, MIDP Notice, Motion for Preliminary Injunction upon Best Roast Coffee, LLC on 8/1/2019. (Stahl, Christian) |
| Filing 16 Summons Issued as to Best Roast Coffee LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 15 SUMMONS Submitted by SFM LLC. (Stahl, Christian) |
| Remark: Pro hac vice motion granted for Johanna M Wilbert on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 14 Summons Issued as to Best Roast Coffee LLC, Jason Roe. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 13 DECLARATION of Mark Miale re: #9 MOTION for Preliminary Injunction by Plaintiff SFM LLC. (Attachments: #1 Exhibit A - Vendor Setup Form, #2 Exhibit B - 11-3-2017 email, #3 Exhibit C - 11-5-2017 email, #4 Exhibit D - Press Release, #5 Exhibit E - 7-23-2019 email)(Stahl, Christian) |
| Filing 12 DECLARATION of Isaac Gabriel re: #9 MOTION for Preliminary Injunction by Plaintiff SFM LLC. (Attachments: #1 Exhibit A - 10-5-2017 letter, #2 Exhibit B - www_bestroast_coffee 5-2018 website, #3 Exhibit C - www_sprouts_coffee 5-2018 website, #4 Exhibit D - 7-31-2018 letter, #5 Exhibit E - 7-16-2019 email, #6 Exhibit F - Press Release, #7 Exhibit G - www_sprouts_coffee 7-2019 website)(Stahl, Christian) |
| Filing 11 DECLARATION of Diego Romero re: #9 MOTION for Preliminary Injunction by Plaintiff SFM LLC. (Attachments: #1 Exhibit A - Press Release)(Stahl, Christian) |
| Filing 10 DECLARATION of Alyssa Packard re: #9 MOTION for Preliminary Injunction by Plaintiff SFM LLC. (Attachments: #1 Exhibit A - Certificates of Registration)(Stahl, Christian) |
| Filing 9 MOTION for Preliminary Injunction by SFM LLC. (Attachments: #1 Text of Proposed Order)(Stahl, Christian) |
| Filing 8 NOTICE of Filing - Copyright, Trademark or Patent Information filed by SFM LLC. (Stahl, Christian) |
| Filing 7 NOTICE of Appearance by Christian Guillermo Stahl on behalf of SFM LLC. (Stahl, Christian) |
| Filing 6 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121 Form)(BAC) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) |
| Filing 4 Filing fee paid, receipt number 0970-17202980. This case has been assigned to the Honorable Senior Judge James A Teilborg. All future pleadings or documents should bear the correct case number: CV-19-04820-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.(BAC) |
| Filing 3 SUMMONS Submitted by SFM LLC. (Stahl, Christian) (Attachments: #1 Summons)(BAC) |
| Filing 2 Corporate Disclosure Statement by SFM LLC. (BAC) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-17202980 filed by SFM LLC. (Stahl, Christian) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(BAC) |
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