Sr. Ozzy's Franchising LLC et al v. Morales et al
| Sr. Ozzy's Franchising LLC and SR Ozzy's LLC |
| Jissel Morales, Fermin Morales, Martha Patricia Morales, Unknown Morales and SR Ozzy's Bar & Grill LLC |
| 2:2023cv00238 |
| February 6, 2023 |
| US District Court for the District of Arizona |
| G Murray Snow |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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Filing 26
ORDER that Plaintiffs show cause no later than April 12, 2023, as to why this action should not be dismissed as to Defendant Sr. Ozzy's Bar & Grill, LLC only for failure to prosecute, unless before then default has been entered or a responsive pleading has been filed. FURTHER ORDERED if Plaintiffs fail to comply with this order, the Clerk of Court shall dismiss this action on April 13, 2023, as to Defendant Sr. Ozzy's Bar & Grill, LLC only for Plaintiffs' lack of prosecution pursuant to Rule 41(b), Fed. R. Civ. P., and LRCiv 41.1. Signed by Chief Judge G Murray Snow on 4/3/2023. (KFZ)
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Filing 25
ORDER: Plaintiffs' Motion for Preliminary Injunction (Doc. #17 ) is GRANTED in part and DENIED in part. To the extent Plaintiffs seek a temporary restraining order, their motion is denied as moot in light of the foregoing relief. Plaintiffs shall serve copies of Plaintiffs' Motion and this Order on each currently unserved Defendant. See Order for details. Signed by Chief Judge G Murray Snow on 3/22/2023. (KJ)
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| Filing 24 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Motion Hearing held on 3/17/2023 re Motion for Preliminary Injunction or, in the Alternative, for a Temporary Restraining Order #17 . Diana Perez is sworn, examined and excused. IT IS ORDERED taking the motion under advisement. APPEARANCES: Evan Goldman for Plaintiffs. Osiel Perez and Diana Perez are also present. (Court Reporter Teri Veres.) Hearing held 2:06 PM to 2:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 23 NOTICE re: Notice of Evidence to be Presented at March 17, 2023 Hearing by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC . (Attachments: #1 Exhibit A)(Goldman, Evan) |
| Filing 22 NOTICE re: of Proof of Mailing by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC re: #21 Order Setting Hearing on Motion,,, . (Attachments: #1 Exhibit A)(Goldman, Evan) |
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Filing 21
ORDER setting a hearing on the merits of Plaintiffs' Motion for Preliminary Injunction or Temporary Restraining Order #17 on 3/17/2023 at 2:00 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. The parties are directed to contact the Court as soon as possible to indicate what evidence they intend to present at the hearing and how long they request to present their evidence. FURTHER ORDERED that Plaintiffs shall send this Order via certified mail to the address of the entity defendant and the known addresses of individual defendants within one day of the entry of this Order and file a Notice of Proof of Mailing within two days of the entry of this Order. Signed by Chief Judge G Murray Snow on 3/9/2023. (KFZ)
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| Filing 20 AFFIDAVIT of Evan M. Goldman re: #17 MOTION for Preliminary Injunction and Expedited Consideration or, in the Alternative, for a Temporary Restraining Order by Plaintiffs SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. (Attachments: #1 Exhibit A)(Goldman, Evan) |
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Filing 19
ORDER: Plaintiffs filed a Motion for Preliminary Injunction and Expedited Consideration or, in the Alternative, for a Temporary Restraining Order #17 and Memorandum in Support of #18 on February 15, 2023. The Court's staff called Plaintiffs' counsel's office on February 15, 2023 and advised that the Court will set a status conference on the Motion for Preliminary Injunction after proof of service has been filed on the docket. To date, there has been no proof of service. Signed by Chief Judge G Murray Snow on 2/27/2023. (REK)
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| Remark: Pro hac vice motion(s) granted for Evan M Goldman on behalf of Plaintiffs SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 18 MEMORANDUM in Support of #17 MOTION for Preliminary Injunction and Expedited Consideration or, in the Alternative, for a Temporary Restraining Order by Plaintiffs SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. (Urias, Sharon) |
| Filing 17 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. (Attachments: #1 Attachment Declaration of Diana Perez, #2 Proposed Order) (Urias, Sharon). Added motion part on 3/9/2023 (KJ). |
| Filing 16 NOTICE of Filing - Copyright, Trademark or Patent Information filed by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. (Urias, Sharon) |
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Filing 15
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiffs serve a copy of this Order upon Defendants and file a notice of service. See attached Order for complete details. Signed by Chief Judge G Murray Snow on 2/7/2023. (KFZ)
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Filing 14
ORDER/NOTICE PURSUANT TO FED. R. CIV. P. 4(m). IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on May 9, 2023. Signed by Chief Judge G Murray Snow on 2/7/2023. (KFZ)
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| Filing 13 Additional Attachments to Main Document re: #1 Complaint, 7 Notice of Deficiency (Text Only),, Amended Civil Cover Sheet by Plaintiff Sr. Ozzy's Franchising LLC. (Urias, Sharon) |
| Filing 12 Summons Issued as to Martha Patricia Morales. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 11 SUMMONS Submitted by Sr. Ozzy's Franchising LLC. (Urias, Sharon) |
| Filing 10 Summons Issued as to Fermin Morales, Jissel Morales, SR Ozzy's Bar & Grill LLC. (Attachments: #1 Summons, #2 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 8 NOTICE TO FILER OF DEFICIENCY re: #4 Summons Submitted filed by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. Summons (2) is not in compliance with LRCiv II. ELECTRONIC FILING AND SERVICE OF DOCUMENTS D.1. FOLLOW-UP ACTION REQUIRED: Please resubmit Summons (2) using standard summons form. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 6 Filing fee paid, receipt number AAZDC-21570254. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-23-0238-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 5 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)(MCO) |
| Filing 4 SUMMONS Submitted by SR Ozzy's LLC, Sr. Ozzy's Franchising LLC. (Urias, Sharon) (Attachments: #1 Summons, #2 Summons, #3 Summons)(MCO) |
| Filing 3 Corporate Disclosure Statement by SR Ozzy's LLC. (Urias, Sharon) (MCO) |
| Filing 2 Corporate Disclosure Statement by Sr. Ozzy's Franchising LLC. (Urias, Sharon) (MCO) |
| Filing 1 VERIFIED COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21570254 filed by Sr. Ozzy's Franchising LLC, SR Ozzy's LLC. (Urias, Sharon) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit)(MCO) |
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