Morris CM Enterprises, LLC v. Wingstop Franchising LLC
| Wingstop Franchising LLC |
| Morris CM Enterprises, LLC and Michael Morris |
| 2:2019cv02306 |
| November 15, 2019 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Kimberly J Mueller |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 44
JOINT STATUS REPORT by Wingstop Franchising LLC. (Newland, Sean)
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Filing 43
DESIGNATION of COUNSEL FOR SERVICE., attorney Karen C. Marchiano terminated (Newland, Sean)
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Filing 42
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/15/2021: In light of the court's Order granting Defendants Motion to Stay Proceedings Pending Arbitration, ECF No. #40 , the parties are directed to provide this court, within seven days of this Minute Order, a focused joint status report addressing the current status of arbitration proceedings. (Text Only Entry)(Schultz, C)
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Filing 41
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/10/20 GRANTING #30 Amended Motion for Default Judgment. (Kaminski, H)
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Filing 40
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/10/2020 GRANTING #9 Motion to Stay Plaintiff's Arbitrable Claims, pending resolution of the parties' arbitration. The preliminary injunction issued by this court remains in effect. (Huang, H)
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Filing 39
NOTICE of Non-Opposition to #38 Findings and Recommendations by Wingstop Franchising LLC. (Marchiano, Karen) Modified on 6/23/2020 (Kaminski, H).
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Filing 38
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/29/2020 RECOMMENDING that #30 Motion for Default Judgment be Granted, that #5 Judgment of the Counterclaim be Entered in Wingstop's favor and against Morris CM, and that Morris CM Enterprise, LLC and all persons in active concert or participation with them be permanently enjoined from using the trademarks, service mark, logo or trade name that is confusingly similar to any of the trademarks described in these findings and recommendations in connection with operating any restaurant or for any other purpose. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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Filing 37
REPLY by Wingstop Franchising LLC re #36 Response. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marchiano, Karen) Modified on 5/6/2020 (Becknal, R).
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Filing 36
RESPONSE and OPPOSITION by Morris CM Enterprises, LLC to #30 Motion for Default Judgment. (Moppin, Timothy) Modified on 4/30/2020 (Mena-Sanchez, L).
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Filing 35
CERTIFICATE of SERVICE by Wingstop Franchising LLC re #34 Order. (Newland, Sean)
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Filing 34
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/17/2020 ORDERING any opposition shall be filed no later than 4/29/2020, and the reply brief from defendant, if any, is due 5/6/2020; Plaintiff is cautioned that failure to respond to the motion in compliance with this order will be deemed as consent by each to a summary grant of the motion, and may result in the imposition of a default judgment; and Defendant shall promptly serve a copy of this order on plaintiff at its last-known address, and file a proof of service within 7 days of the same.(Becknal, R)
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Filing 33
STATEMENT of Failure to File Opposition to Amended Motion for Entry of Default Judgment #30 by Wingstop Franchising LLC. (Marchiano, Karen) Modified on 4/3/2020 (Kaminski, H).
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Filing 32
MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 3/18/2020: On the Court's own motion and pursuant to Local Rule 230(g), the 4/15/2020 hearing on the Motion for Default Judgment #30 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Streeter, J)
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Filing 31
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: In light of the Amended Motion for Default Judgment (ECF No. #30 ) pending before Magistrate Judge Carolyn K. Delaney, the Status (Pretrial Scheduling) Conference set for 3/19/2020 is VACATED. The status conference will be reset, as necessary, upon resolution of the pending motion. (Text Only Entry) (Schultz, C)
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Filing 30
AMENDED #28 MOTION for DEFAULT JUDGMENT by Wingstop Franchising LLC. Motion Hearing set for 4/15/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Proposed Order)(Marchiano, Karen) Modified on 3/13/2020 (Benson, A.).
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Filing 29
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: The court is in receipt of Wingstop Franchising LLC's Motion for Entry of Default Judgment (ECF No. #28 ). The motion, as filed, is defective. Wingstop is directed to comply with Local Rules 302(c)(19) and 230(a) and re-notice the motion before the assigned Magistrate Judge. Accordingly, the 4/24/20 hearing date before Chief District Judge Kimberly J. Mueller is VACATED. (Text Only Entry) (Schultz, C)
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Filing 28
MOTION for DEFAULT JUDGMENT against Morris CM Enterprises, LLC by Counter Claimant Wingstop Franchising LLC. Motion Hearing set for 4/24/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Proposed Order)(Marchiano, Karen) Modified on 3/12/2020 (Benson, A.). Modified on 3/12/2020 (Streeter, J).
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Filing 27
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: In light of the Notice of Dismissal of Counter- Defendant Michael Morris (ECF No. #25 ), Counter-Defendant Michael Morris is DISMISSED, without prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Text Only Entry) (Schultz, C)
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Filing 26
JOINT STATUS REPORT by Wingstop Franchising LLC. (Marchiano, Karen)
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Filing 25
NOTICE of VOLUNTARY DISMISSAL as to Counter-Defendant Michael Morris by Wingstop Franchising LLC. (Marchiano, Karen) Modified on 3/6/2020 (Zignago, K.).
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Filing 24
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Timothy W. Moppin for Michael Morris,Timothy W. Moppin for Wingstop Franchising LLC,Timothy W. Moppin for Wingstop Franchising LLC (Moppin, Timothy)
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Filing 23
STATUS REPORT re: Compliance with Preliminary Injunction Order filed Defendant and Counter-Claimant by Wingstop Franchising LLC. (Marchiano, Karen) (Docket Text Modified on 2/6/2020 by C. Schultz)
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Filing 22
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On January 3, 2020, the court issued a preliminary injunction ordering Morris CM Enterprises LLC and Michael Morris to file with the court and serve upon Wingstop's counsel within fourteen (14) days a written report, under oath, detailing the manner in which they have complied with the preliminary injunction. Morris CM Enterprises LLC and Michael Morris have not filed a report, and the fourteen days have passed. The court now ORDERS the parties to file a joint status report within seven (7) days addressing the status of the Morris parties' compliance with the courts order, and if the Morris parties have not complied, what the court should do to enforce its order. The report must be no longer than five (5) pages. (Text Only Entry) (Schultz, C)
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Filing 21
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: Counsel for Morris CM Enterprises, LLC, Timothy Moppin, represented to the court at the hearing on Wingstop Franchising LLC's motion to stay the case that he was specially appearing for counter-defendant Michael Morris. Mr. Moppin shall file a notice of the status of his representation of Michael Morris with the court within fourteen (14) days. IT IS SO ORDERED. (Text Only Entry) (Schultz, C)
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Filing 20
MINUTES for MOTION HEARING held before Chief District Judge Kimberly J. Mueller on 1/17/2020. Plaintiff's Counsel, Timothy Moppin, present. Defendant's Counsel, Sean Newland, present. Mr. Moppin confirmed his appearance for Defendant Morris CM Enterprises, LLC and advised the court that he is specially appearing for Counter Defendant Michael Morris. The court asked Mr. Moppin to clarifying his representation of Mr. Morris within 14 days. After hearing oral argument as to Defendant's Motion to Stay (ECF No. #9 , the court took the matter under submission. A written order will issue. Court Reporter: Tiphanne Crowe. (Text Only Entry) (Schultz, C)
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Filing 19
REPLY by Wingstop Franchising LLC in support of #9 Motion to Stay. (Attachments: #1 Supplemental Declaration of Steven Link, #2 Exhibit D)(Marchiano, Karen) Modified on 1/14/2020 (Benson, A.).
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Filing 18
CLERK'S ENTRY OF DEFAULT as to *Morris CM Enterprises, LLC* (Mena-Sanchez, L)
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Filing 17
ORDER signed by District Judge Kimberly J. Mueller on 1/3/2020 ENJOINING Morris CM Enterprise LLC and Michael Morris, and their agents, servants, and employees, and all those individuals in active concert or participation with them, as detailed in this Order, and ORDERING Morris CM Enterprise LLC and Michael Morris to file with the court and to serve upon Wingstops counsel, within 14 days after entry of this preliminary injunction order, a written report, under oath, setting forth in detail the manner in which they have complied with this order. (Henshaw, R)
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Filing 16
OPPOSITION by Morris CM Enterprises, LLC to #9 Motion to Stay.(Moppin, Timothy) .
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Filing 15
REQUEST FOR ENTRY OF DEFAULT as to Michael Morris, Morris CM Enterprises, LLC by Wingstop Franchising LLC. (Marchiano, Karen)
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Filing 14
MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 12/20/2019. Plaintiff's counsel, Timothy Moppin, did not appear. Karen Marchiano appeared for the defendant. The court and counsel discussed Mr. Moppin's failure to appear. After hearing oral arguments, the court SUBMITTED Defendant's Motion for Preliminary Injunction (ECF No. #8 ); formal order to issue. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Michel, G.)
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Filing 13
PRO HAC VICE ORDER signed by District Judge Kimberly J. Mueller on 12/19/19. Added attorney John F. Verhey, PHV for Wingstop Franchising LLC. (Coll, A)
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Filing 12
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Wingstop Franchising LLC for attorney John F. Verhey to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8630961) (Marchiano, Karen)
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Filing 11
CERTIFICATE of SERVICE by Wingstop Franchising LLC. (Marchiano, Karen)
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Filing 10
STATEMENT of Failure to File Opposition to #8 Motion for Preliminary Injunction by Counter Claimant Wingstop Franchising LLC, Defendant Wingstop Franchising LLC. (Marchiano, Karen) Modified on 12/13/2019 (Kaminski, H).
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Filing 9
MOTION to STAY by Wingstop Franchising LLC. Motion Hearing set for 1/17/2020 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration of Steven Link, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Marchiano, Karen) Modified on 12/9/2019 (Kaminski, H).
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Filing 8
MOTION for PRELIMINARY INJUNCTION by Wingstop Franchising LLC. Motion Hearing set for 12/20/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Exhibit, #2 Memorandum of Law, #3 Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M)(Marchiano, Karen) Modified on 11/20/2019 (Coll, A).
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Filing 7
SUMMONS ISSUED as to *Michael Morris, Morris CM Enterprises, LLC* with answer to complaint due within *21* days. Attorney *Karen C. Marchiano* *DLA Piper LLP* *2000 University Avenue* *East Palo Alto, CA 94303*. (Zignago, K.)
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Filing 6
MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 3/9/2020 is VACATED and RESET for 3/19/2020 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen days prior. (Text Only Entry) (Schultz, C)
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Filing 5
COUNTERCLAIM for PRELIMINARY and PERMANENT INJUNCTIVE RELIEF and DAMAGES against Morris CM Enterprises, LLC by Wingstop Franchising LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marchiano, Karen) Modified on 11/27/2019 (Benson, A.).
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Filing 4
CERTIFICATE of SERVICE by Wingstop Franchising LLC re #1 Notice - Other. (Marchiano, Karen)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/9/2020 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 KJM Standing Order, #2 Consent Form, #3 VDRP) (Becknal, R)
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Filing 2
NOTICE OF INTERESTED PARTIES by Wingstop Franchising LLC. (Marchiano, Karen)
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Filing 1
NOTICE of REMOVAL from Sacramento County Superior Court, 34-02019-00267448 by Wingstop Franchising LLC. Attorney Marchiano, Karen C. added. (Attachment: #1 Civil Cover Sheet). (Marchiano, Karen)
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PAYMENT for Civil Case filing fee in the amount of $ 400, receipt number 0972-8571264. (Marchiano, Karen)
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