Fitness Together Franchise, L.L.C. v. EM Fitness, L.L.C. et al
Fitness Together Franchise, L.L.C. |
FT Three, L.L.C., FT Poland, L.L.C., EM Fitness, L.L.C., Erin Mellinger, Axio Fitness Canfield, L.L.C., Axio Fitness Poland, L.L.C. and Axio Fitness Howland, L.L.C. |
1:2020cv02757 |
September 11, 2020 |
US District Court for the District of Colorado |
Daniel D Domenico |
Scott T Varholak |
Contract: Franchise |
15 U.S.C. § 1051 |
Plaintiff |
Docket Report
This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.
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Filing 51 Unopposed MOTION for Leave to Restrict by Plaintiff Fitness Together Franchise, L.L.C.. (Attachments: #1 Proposed Order (PDF Only))(Romero, Melissa) |
Filing 50 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Complaint by Defendants Axio Fitness Canfield, L.L.C., Axio Fitness Howland, L.L.C., Axio Fitness Poland, L.L.C.. (Attachments: #1 Proposed Order (PDF Only))(Westbrook, Nicole) |
Filing 49 RECEIPT of $50,000.00 from Plaintiff Fitness Together Franchise, L.L.C. for Security Bond re: #47 Order. (athom, ) |
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Filing 46 RESTRICTED DOCUMENT - Level 1: Exhibits for Preliminary Injunction Hearing by Plaintiff Fitness Together Franchise, L.L.C. (Attachments: #1 Exhibit 1 - Affidavit of Stephanie Hu, #2 Exhibit 2 - U.S. Trade Mark Registration Nos., #3 Exhibit 3 - September 30, 2011 Franchise Agreement (Poland) and Consent to Transfer, #4 Exhibit 4 - September 17, 2013 Franchise Agreement (Howland), #5 Exhibit 5 - August 20, 2018 Franchise Agreement (Canfield), #6 Exhibit 6 - July 30, 2020 Voluntary Termination and Release Agreement, #7 Exhibit 7 - Axio Fitness Ohio Registrations (07-28-20), #8 Exhibit 8 - Emails re change to Axio Fitness, #9 Exhibit 9 - Draft email re change to Axio Fitness, #10 Exhibit 10 - Emails Forwarding Trainer Application, #11 Exhibit 11 - Emails Forwarding Trainer Application, #12 Exhibit 12 - Emails re Mellinger equipment purchase, #13 Exhibit 13 - Emails re Mellinger equipment purchase, #14 Exhibit 14 - Emails re Mellinger equipment purchase, #15 Exhibit 15 - Emails from Vinnie Zimbardi to Client, #16 Exhibit 16 - Emails between Vinnie Zimbardi and Client, #17 Exhibit 17 - Emails between Vinnie Zimbardi and Clients, #18 Exhibit 18 - Emails between Vinnie Zimbardi and Client, #19 Exhibit 19 - Emails between Lauren Bevan and Client, #20 Exhibit 20 - Email forwarding Axio Fitness Weekly Report, #21 Exhibit 21 - Emails between Adam Catauro and Client, #22 Exhibit 22 - Emails confirming Boulevard Walkabout, #23 Exhibit 23 - August 26, 2020 Email re Axio Fitness logo, #24 Exhibit 24 - Emails between Brian Gustafson and Client, #25 Exhibit 25 - Email re Fitness Together Weekly Recipe, #26 Exhibit 26 - August 4, 2020 forward of July 29, 2020 Fitness Together email to Axio, #27 Exhibit 27 - August 19, 2020 Emails re Banking, #28 Exhibit 28 - Emails re Graphic Design work, #29 Exhibit 29 - Email re logo design, #30 Exhibit 30 - Email re logo design, #31 Exhibit 31 - Axio and Nutrition Together, #32 Exhibit 32 - Website Printouts for Axio Fitness, #33 Exhibit 33 - Website Printout - EM Fitness in Canfield, OH, US _ Mindbody (09-24-20), #34 Exhibit 34 - Facebook pages for Axio Fitness, #35 Exhibit 35 - August 29, 2020 Wellbiz Report - Fitness Together-Canfield, #36 Exhibit 36 - September 3, 2020 Wellbiz Report - Fitness Together-Howland, #37 Exhibit 37 - September 3, 2020 Wellbiz Report - Fitness Together-Poland, #38 Exhibit 38 - September 10, 2020 Wellbiz Report - Fitness Together-Poland, #39 Exhibit 39 - April 14, 2020 Email from Erin Mellinger to Stephanie Hu, #40 Exhibit 40 - April 16-17, 2020 Emails re Mellinger Franchise Buyouts, #41 Exhibit 41 - April 19, 2020 email registering Axio Fitness domain name, #42 Exhibit 42 - April 20, 2020 email from Erin Mellinger re Axio Fitness logo, #43 Exhibit 43 - April 22-24, 2020 Emails re Erin's VT&R, #44 Exhibit 44 - June 23-24, 2020 emails re Release Agreement Exhibits, #45 Exhibit 45 - July 1, 2020 email re Mindbody, #46 Exhibit 46 - Affidavit of Erin Mellinger (Defendants' Exhibit))(Romero, Melissa) Modified on 10/8/2020 to add title of document (athom, ). |
Filing 45 MINUTE ENTRY for Motions Hearing held before Judge Daniel D. Domenico on 10/6/2020. Court Reporter: Tracy Weir. (pglov) |
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Filing 43 Unopposed MOTION for Leave to Restrict by Plaintiff Fitness Together Franchise, L.L.C.. (Attachments: #1 Proposed Order (PDF Only))(Romero, Melissa) |
Filing 42 NOTICE (Joint Notice of Stipulation) by Plaintiff Fitness Together Franchise, L.L.C. (Reilly, Kathryn) |
Filing 41 MINUTE ENTRY for Status Conference held before Judge Daniel D. Domenico: Status Conference held on 10/1/2020. Court Reporter: Julie Thomas. (pglov) |
Filing 40 SUMMONSES issued by Clerk. (athom, ) |
Filing 39 REPLY In Support to Response to #22 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Axio Fitness Canfield, L.L.C., Axio Fitness Howland, L.L.C., Axio Fitness Poland, L.L.C. (Public Entry for Level 1 Restricted Document #38 ). Text Only Entry (athom, ) |
Filing 38 RESTRICTED DOCUMENT - Level 1: by Defendants Axio Fitness Canfield, L.L.C., Axio Fitness Howland, L.L.C., Axio Fitness Poland, L.L.C... (Bengtson, Blaine) |
Filing 37 SUMMONS REQUEST as to Axio Fitness Poland, L.L.C. by Plaintiff Fitness Together Franchise, L.L.C.. (Reilly, Kathryn) |
Filing 36 SUMMONS REQUEST as to Axio Fitness Howland, L.L.C. by Plaintiff Fitness Together Franchise, L.L.C.. (Reilly, Kathryn) |
Filing 35 SUMMONS REQUEST as to Axio Fitness Canfield, L.L.C. by Plaintiff Fitness Together Franchise, L.L.C.. (Reilly, Kathryn) |
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Filing 34 RESPONSE to #22 MOTION to Dismiss for Lack of Jurisdiction and Reply in Support to 17 MOTION for Preliminary Injunction, filed by Plaintiff Fitness Together Franchise, L.L.C. (Public Entry for Level 1 Restricted Document #31 ). Text Only Entry (athom, ) |
Filing 32 Exhibits in Support of Plaintiff's Response to the Axio Defendants' Motion to Dismiss and Reply in Support of its Motion for Preliminary Injunction by Plaintiff Fitness Together Franchise, L.L.C.. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35 - Proposed Order)(Reilly, Kathryn) |
Filing 31 RESTRICTED DOCUMENT - Level 1: by Plaintiff Fitness Together Franchise, L.L.C... (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28)(Reilly, Kathryn) |
Filing 30 NOTICE (Joint Notice of Filing Witness and Exhibit Lists) by Plaintiff Fitness Together Franchise, L.L.C. (Attachments: #1 Exhibit 1 - Witness Lists, #2 Exhibit 2 - Exhibit Lists)(Romero, Melissa) |
Filing 29 NOTICE of Estimate of Time for Cross-Examination by Plaintiff Fitness Together Franchise, L.L.C. (Romero, Melissa) |
Filing 28 NOTICE of Estimate of Time for Cross-Examination by Defendants Axio Fitness Canfield, L.L.C., Axio Fitness Howland, L.L.C., Axio Fitness Poland, L.L.C., EM Fitness, L.L.C., FT Poland, L.L.C., FT Three, L.L.C., Erin Mellinger (Westbrook, Nicole) |
Filing 27 Exhibit List (Joint Exhibit List for Plaintiff and Defendants) by Plaintiff Fitness Together Franchise, L.L.C.. (Romero, Melissa) |
Filing 26 Witness List (Preliminary Injunction Hearing Joint Witness List) by Plaintiff Fitness Together Franchise, L.L.C.. (Romero, Melissa) |
Filing 25 Unopposed MOTION for Leave to Restrict by Plaintiff Fitness Together Franchise, L.L.C.. (Attachments: #1 Proposed Order (PDF Only))(Romero, Melissa) |
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Filing 23 RESPONSE to 17 MOTION for Preliminary Injunction filed by Defendants EM Fitness, L.L.C., FT Poland, L.L.C., FT Three, L.L.C., Erin Mellinger. (Attachments: #1 Exhibit A)(Westbrook, Nicole) |
Filing 22 MOTION to Dismiss for Lack of Jurisdiction by Defendants Axio Fitness Canfield, L.L.C., Axio Fitness Howland, L.L.C., Axio Fitness Poland, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bengtson, Blaine) |
Filing 21 NOTICE of Entry of Appearance of Blaine K. Bengtson by Blaine Kenneth Bengtson on behalf of All Defendants Attorney Blaine Kenneth Bengtson added to party Axio Fitness Canfield, L.L.C.(pty:dft), Attorney Blaine Kenneth Bengtson added to party Axio Fitness Howland, L.L.C.(pty:dft), Attorney Blaine Kenneth Bengtson added to party Axio Fitness Poland, L.L.C.(pty:dft), Attorney Blaine Kenneth Bengtson added to party EM Fitness, L.L.C.(pty:dft), Attorney Blaine Kenneth Bengtson added to party FT Poland, L.L.C.(pty:dft), Attorney Blaine Kenneth Bengtson added to party FT Three, L.L.C.(pty:dft), Attorney Blaine Kenneth Bengtson added to party Erin Mellinger(pty:dft) (Bengtson, Blaine) |
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Filing 19 MOTION for Leave to File an Amended Proposed Order in Light of a New Material Fact by Plaintiff Fitness Together Franchise, L.L.C. (Attachments: #1 Exhibit 1 - Amended Proposed Order)(Reilly, Kathryn) Modified on 9/22/2020 to add a Level 1 Restriction - Counsel will be filing a Motion for Leave to Restrict (athom, ). |
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Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #11 Notice of Entry of Appearance for Nicole A. Westbrook and Blaine K. Bengtson, #12 Notice of Entry of Appearance of Blaine K. Bengtson filed by attorney Nicole A. Westbrook. The format for the attorneys signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). Also these documents do not contain attorney Bengtson's s/ signature. Pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases), attorney Blaine Kenneth Bengtson must re-file the above referenced document which must contain his s/ signature using his own log in and password. (Text Only Entry) (athom, ) |
Filing 17 MOTION for Preliminary Injunction by Plaintiff Fitness Together Franchise, L.L.C. (Public Entry for Level 1 Restricted Document #14 ). Text Only Entry (athom, ) |
Filing 16 AMENDED COMPLAINT and Jury Demand against EM Fitness, L.L.C., FT Poland, L.L.C., FT Three, L.L.C., Erin Mellinger, Axio Fitness Howland, L.L.C., Axio Fitness Canfield, L.L.C., Axio Fitness Poland, L.L.C., filed by Fitness Together Franchise, L.L.C. (Public Entry for Level 1 Restricted #13 ). Text only Entry (athom, ) |
Filing 14 RESTRICTED DOCUMENT - Level 1: by Plaintiff Fitness Together Franchise, L.L.C... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Proposed Order (PDF Only))(Reilly, Kathryn) |
Filing 13 RESTRICTED DOCUMENT - Level 1: by Plaintiff Fitness Together Franchise, L.L.C... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Reilly, Kathryn) |
Filing 12 NOTICE of Entry of Appearance of Blaine K. Bengtson by Nicole A. Westbrook on behalf of EM Fitness, L.L.C., FT Poland, L.L.C., FT Three, L.L.C., Erin Mellinger (Westbrook, Nicole) |
Filing 11 NOTICE of Entry of Appearance for Nicole A. Westbrook and Blaine K. Bengtson by Nicole A. Westbrook on behalf of EM Fitness, L.L.C., FT Poland, L.L.C., FT Three, L.L.C., Erin MellingerAttorney Nicole A. Westbrook added to party EM Fitness, L.L.C.(pty:dft), Attorney Nicole A. Westbrook added to party FT Poland, L.L.C.(pty:dft), Attorney Nicole A. Westbrook added to party FT Three, L.L.C.(pty:dft), Attorney Nicole A. Westbrook added to party Erin Mellinger(pty:dft) (Westbrook, Nicole) |
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Filing 9 NOTICE of Entry of Appearance by Melissa Lawson Romero on behalf of Fitness Together Franchise, L.L.C.Attorney Melissa Lawson Romero added to party Fitness Together Franchise, L.L.C.(pty:pla) (Romero, Melissa) |
Filing 8 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jtorr, ) |
Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (jtorr, ) |
Filing 6 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
Filing 5 UNRESTRICTED DOCUMENT - Level 1: Corporate Disclosure Statement by Plaintiff Fitness Together Franchise, L.L.C. (Reilly, Kathryn) Modified to add title on 9/11/2020 (jtorr, ). Modified on 9/29/2020 to unrestrict (athom, ). |
Filing 4 RESTRICTED DOCUMENT - Level 1: Motion for Temporary Restraining Order by Plaintiff Fitness Together Franchise, L.L.C... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Proposed Order (PDF Only))(Reilly, Kathryn) Modified to add title on 9/11/2020 (jtorr, ). |
Filing 2 RESTRICTED DOCUMENT - Level 1: Complaint and Jury Demand by Plaintiff Fitness Together Franchise, L.L.C... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Reilly, Kathryn) Modified to add title on 9/11/2020 (jtorr, ). |
Filing 1 Public Entry for ECF #2 Restricted - Level 1: Complaint and Jury Demand against EM Fitness, L.L.C., FT Poland, L.L.C., FT Three, L.L.C., Erin Mellinger (Filing fee $ 400,Receipt Number 1082-7482173)Attorney Kathryn A. Reilly added to party Fitness Together Franchise, L.L.C.(pty:pla), filed by Fitness Together Franchise, L.L.C.. (Attachments: #1 Civil Cover Sheet)(Reilly, Kathryn) Modified to add linkage on 9/11/2020 (jtorr, ). |
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