Gazelles FL, Inc. et al v. Cupp et al
| Verne Harnish, Gazelles FL, Inc., 1 PG, LLC and Gazelles, Inc. |
| Servant Ventures, Inc. and Keith Cupp |
| 6:2018cv00544 |
| April 9, 2018 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Orange |
| Anne C Conway |
| Leslie R Hoffman |
| Karla R Spaulding |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 85 Trademark Report sent to Alexandria, VA. (Attachments: #1 Order) (RMF) |
Filing 84
ORDER granting in part and denying in part #80 Motion to Seal. The Motion to Strike from the Public Record Exhibit 1 to DE 77 and any references to Terms of Settlement Contained in DE 77 is GRANTED. It is not feasible to strike references within a document, accordingly the entire document and exhibits at Docket entry 77 are hereby STRICKEN. The Clerk is directed to delete the documents from the docket. The Motion to File Under Seal Settlement Agreement and Release is DENIED. Defendants' Motion to Strike Plaintiffs' Exhibits #83 is DENIED as moot. Defendants' Motion to Enforce Settlement Agreement #83 is DENIED without prejudice. The Court will not enforce an agreement that is not before it. Pursuant to the Joint Notice of Settlement and in accordance with Local Rule 3.08(b) M.D. Fla., this cause is hereby DISMISSED without prejudice and subject to the right of the parties, within 135 days of the date of this order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen the action, upon good cause shown. After that 135-day period, however, dismissal shall be with prejudice. The Clerk is directed to close the file. Signed by Judge Anne C. Conway on 9/19/2019. (RMF)
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| Filing 83 RESPONSE to 77 MOTION to Enforce Settlement Agreement, MOTION to Strike Plaintiffs' Exhibits and COUNTER MOTION to Enforce Settlement Agreement filed by Keith Cupp, Servant Ventures, Inc.. (Attachments: #1 Affidavit of Keith Cupp, #2 Exhibit Stipulated, #3 Affidavit of Jennifer Remy)(Remy-Estorino, Jennifer) Modified on 9/5/2019 (RDO). |
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Filing 82
ORDER granting #81 Motion to Withdraw as Counsel. Signed by Magistrate Judge Leslie R. Hoffman on 8/23/2019. (MDH)
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| Filing 81 Unopposed MOTION for David S. Wood and Monica M. McNulty to withdraw as attorney by All Defendants. (Wood, David) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 80 MOTION for leave to file under seal and to Strike filed Settlement Agreement from public record by All Defendants. (Remy-Estorino, Jennifer) |
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Filing 79
ENDORSED ORDER denying without prejudice #78 Notice of Withdrawal of Counsel. The notice, which the Court construes as a motion to withdraw as counsel, does not comply with Local Rules 2.03(b) and 3.01(g). Signed by Magistrate Judge Leslie R. Hoffman on 8/22/2019. (MDH)
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| Filing 78 NOTICE/MOTION by Keith Cupp of Withdrawal of Counsel by David Wood and Monica McNulty. (Wood, David) Modified on 8/21/2019 (RDO). |
| Filing 77 ***STRICKEN AND REMOVED PER ORDER #84***MOTION to Enforce Settlement Agreement by Verne Harnish. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Shipley, C.) Modified on 8/21/2019 (RDO). Modified on 9/19/2019 (RMF). |
| Filing 76 JOINT NOTICE of settlement by all parties. (Attachments: #1 Exhibit Joint Stipulation for Entry of Order Approving Settlement)(Shipley, C.) Modified on 8/19/2019 (RDO). |
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Filing 75
ORDER: Within 7 days of the date of this Order, the parties shall file a Joint Notice advising the Court as to the outcome of the mediation conference. Signed by Judge Anne C. Conway on 8/9/2019. (ALL)
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Filing 74
ORDER denying #73 Motion for Leave to File Excess Pages. Signed by Judge Anne C. Conway on 7/25/2019. (Conway, Anne)
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| Filing 73 MOTION for Leave to File Excess Pages in Support of Defendants' Motion for Summary Judgment by All Defendants. (Remy-Estorino, Jennifer) |
| Filing 72 Amended NOTICE of mediation conference/hearing to be held on June 12, 2019 at 10:00am before Jay M. Cohen. (Remy-Estorino, Jennifer) Modified on 5/22/2019 (RMF). |
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Filing 71
ORDER denying #69 Motion to extend time. Defendants have failed to show good cause. The Court agrees that this case is not in a unique posture. Signed by Judge Anne C. Conway on 4/11/2019. (Conway, Anne)
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| Filing 70 RESPONSE in Opposition re #69 MOTION to extend time to trial deadlines and Incorporated Memorandum of Law filed by Gazelles FL, Inc., Verne Harnish. (Shipley, C.) |
| Filing 69 MOTION to extend time to trial deadlines by All Defendants. (Remy-Estorino, Jennifer) |
| Filing 68 Defendants' ANSWER and affirmative defenses to Complaint with Jury Demand to Plaintiffs' Second Amended Complaint by Keith Cupp, Servant Ventures, Inc..(Remy-Estorino, Jennifer) |
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Filing 67
ORDER granting #65 Motion for Leave to File amended answer and affirmative defenses within 5 days. Signed by Judge Anne C. Conway on 3/28/2019. (Conway, Anne)
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| Filing 66 RESPONSE in Opposition re #65 MOTION for leave to file Amended Answer and Affirmative Defenses filed by Gazelles FL, Inc., Verne Harnish. (Attachments: #1 Exhibit)(Shipley, C.) |
| Filing 65 MOTION for leave to file Amended Answer and Affirmative Defenses by All Defendants. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Amended Answer)(Remy-Estorino, Jennifer) |
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Filing 64
ORDER granting #63 Motion for Extension of Time to Respond to Discovery. See Order for details. Signed by Magistrate Judge Leslie R. Hoffman on 3/21/2019. (MDH)
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| Filing 63 MOTION for Extension of Time to Serve Responses to Discovery by All Defendants. (Remy-Estorino, Jennifer) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 3/22/2019 (LMM). |
| Filing 62 Case Reassigned to Leslie R. Hoffman. New case number: 6:18-cv-544-Orl-22LRH. Magistrate Judge Karla R. Spaulding no longer assigned to the case. (MAA) |
| Filing 61 Plaintiffs' Answer and Affirmative Defenses to Defendants' #55 Counterclaim by Gazelles FL, Inc.. Related document: #55 Counterclaim filed by Servant Ventures, Inc., Keith Cupp.(Shipley, C.) Modified on 1/14/2019 (RMF). |
| Set deadlines: for Gazelles FL, Inc.(a Florida corporation) and Verne Harnish(individually). Answer to counterclaim due by 1/11/2019. (ALL) |
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Filing 60
ENDORSED ORDER granting #59 Motion for Extension of Time to Answer or respond to#55 Counterclaim. New deadline: 1/11/2019. Signed by Magistrate Judge Karla R. Spaulding on 12/28/2018. (Spaulding, Karla)
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| Filing 59 Unopposed MOTION for Extension of Time to File Answer re #55 Counterclaim by Gazelles FL, Inc.(a Florida corporation), Verne Harnish(individually). (Shipley, C.) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 58
ORDER granting #57 Unopposed Motion for Leave to Withdraw as Counsel for Plaintiffs. James V. Etscorn, Esq., and Robert D. Sowell, Esq., withdraw as counsel of record for Plaintiffs. Signed by Magistrate Judge Karla R. Spaulding on 12/19/2018. (ECJ)
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| Filing 57 Unopposed MOTION to Withdraw as Counsel for Plaintiffs by Gazelles FL, Inc., Verne Harnish. (Sowell, Robert) |
| Filing 56 NOTICE of Appearance by C. Gene Shipley on behalf of Gazelles FL, Inc., Verne Harnish (Shipley, C.) |
| Filing 55 Amended COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Attachments: #1 Exhibit Agreement, #2 Exhibit Agreement)(Remy-Estorino, Jennifer) |
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Filing 54
ORDER granting #53 Motion to extend time to respond to #53 Defendants' Counterclaim. Signed by Magistrate Judge Karla R. Spaulding on 12/10/2018. (RDO)
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| Filing 53 Unopposed MOTION to extend time to respond to Counterclaim and incorporated memorandum of law by Gazelles FL, Inc., Verne Harnish. (Sowell, Robert) |
| Filing 52 Defendants' ANSWER and affirmative defenses with Jury Demand to #49 Amended Complaint , COUNTERCLAIM against All Plaintiffs by Servant Ventures, Inc., Keith Cupp. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Remy-Estorino, Jennifer) |
| reset deadline: answer for Keith Cupp, Servant Ventures, Inc. due 11/21/18 per Order #51. (RMF) |
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Filing 51
ORDER granting #50 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Second Amended Complaint. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Second Amended Complaint (Doc. No. 49) is extended up to and including November 21, 2018. Signed by Magistrate Judge Karla R. Spaulding on 11/6/2018. (ECJ)
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| Filing 50 Unopposed MOTION for Extension of Time to 11/21/18 to File Response/Reply as to #49 Amended Complaint by All Defendants. (Remy-Estorino, Jennifer) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 11/6/2018 (RMF). |
| Filing 49 AMENDED COMPLAINT Second Amended Complaint against Keith Cupp, Servant Ventures, Inc. with Jury Demand. filed by Gazelles FL, Inc., Verne Harnish.(Sowell, Robert) |
| reset deadline: Amended Complaint due by 10/24/2018 (RMF) |
| Filing 48 NOTICE of mediation conference/hearing to be held on 06/12/19 at 8:30 am before Jay M. Cohen. (Sowell, Robert) |
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Filing 47
ORDER granting #46 Motion to Extend Deadline to File Second Amended Complaint. The deadline for Plaintiffs to file their second amended complaint is extended up to and including October 24, 2018. Signed by Magistrate Judge Karla R. Spaulding on 10/5/2018. (ECJ)
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| Filing 46 MOTION for Extension of Time to 10/24/18 to Amend First Amended Complaint and incorporated memorandum of law by Gazelles FL, Inc., Verne Harnish. (Sowell, Robert) Modified on 10/5/2018 (RMF). |
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Filing 45
ORDER granting #22 Motion to dismiss for lack of jurisdiction.(SEE PDF for details). Plaintiffs Gazelles FL, Inc. and Verne Harnish's Amended Complaint #20 is DISMISSED without prejudice. Plaintiffs are GRANTED leave to file a second amended complaint within fourteen days. Signed by Judge Anne C. Conway on 9/25/2018. (RMF)
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| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE re #38 Order to show cause filed by Keith Cupp. (Remy-Estorino, Jennifer) |
| Filing 43 AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case/interested persons/ECF-2, #28 Related case/interested persons/ECF by Servant Ventures, Inc.. (Remy-Estorino, Jennifer) Modified on 9/21/2018 (RMF). |
| Filing 42 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case/interested persons/ECF-2, #28 Related case/interested persons/ECF by Keith Cupp. (Remy-Estorino, Jennifer) |
| Filing 41 AMENDED NOTICE of pendency of related cases re #5 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Servant Ventures, Inc.. Related case(s): yes (Remy-Estorino, Jennifer) Modified on 9/21/2018 (RMF). |
| Filing 40 NOTICE of pendency of related cases re #5 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Keith Cupp. Related case(s): yes (Remy-Estorino, Jennifer) |
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Filing 39
ORDER re Defendant Servant Venture Inc. No later than 10/1/2018 Defendant Servant Venture Inc. shall file a properly completed Amended Certificate of interested persons and corporate disclosure statement. Signed by Judge Anne C. Conway on 9/19/2018. (RMF)
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Filing 38
ORDER to show cause as to Keith Cupp. It is hereby Ordered that the Defendant, Keith Cupp, shall file, within 14 days of the date of this Order: 1. A written response to this Order explaining why sanctions should not be imposed for failure to file the required forms. 2. A Certificate of Interested Persons and Corporate Disclosure Statement and Notice of Pendency of Other Actions. Failure to comply with this Order may result in sanctions being imposed. Signed by Judge Anne C. Conway on 9/19/2018. (RMF)
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Filing 37
ORDER to Strike re: #36 Rule 26(a)(1) Initial Disclosures filed by Servant Ventures, Inc., Keith Cupp. Signed by Magistrate Judge Karla R. Spaulding on 8/31/2018. (ECJ)
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| Filing 36 (STRICKEN PER ORDER #37) NOTICE by Keith Cupp, Servant Ventures, Inc. re #29 Case management and scheduling order Initial Disclosures (Cohen, Benjamin) Modified on 9/4/2018 (RMF). |
| Filing 35 CERTIFICATE of interested persons and corporate disclosure statement re #28 Related case/interested persons/ECF by Servant Ventures, Inc.. (Remy-Estorino, Jennifer) |
| Filing 34 NOTICE of pendency of related cases re #28 Related case/interested persons/ECF per Local Rule 1.04(d) by Servant Ventures, Inc.. Related case(s): yes (Remy-Estorino, Jennifer) |
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Filing 33
ENDORSED ORDER denying without prejudice #30 Motion for Leave to File a reply. The Court will request further briefing if it determines such briefing would be helpful in resolving the motion. Signed by Magistrate Judge Karla R. Spaulding on 8/14/2018. (Spaulding, Karla)
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| Filing 32 RESPONSE in Opposition re #30 MOTION for leave to file Reply in response to Plaintiff's response in Opposition to Defendant's Motion to Dismiss for lack of personal jurisdiction filed by Gazelles FL, Inc., Verne Harnish. (Sowell, Robert) |
| Filing 31 CASE REFERRED to Mediation, Jay M. Cohen appointed as Mediator. (RMF) |
| Filing 30 MOTION for leave to file Reply in response to Plaintiff's response in Opposition to Defendant's Motion to Dismiss for lack of personal jurisdiction by All Defendants. (Remy-Estorino, Jennifer) |
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Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/28/2018, Joinder of Parties due by 9/28/2018, Discovery due by 5/31/2019, Dispositive motions due by 7/31/2019, Pretrial statement due by 11/15/2019, All other motions due by 8/30/2019, Plaintiff disclosure of expert report due by 3/29/2019, Defendant disclosure of expert report due by 4/30/2019, Jury Trial set for 1/2/2020 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway, Conduct mediation hearing by 6/28/2019. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 8/10/2018. (RMF)
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Filing 28
RELATED CASE ORDER,INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing.(DEFENDANTS). Notice of pendency of other actions due by 8/24/2018, Certificate of interested persons and corporate disclosure statement due by 8/24/2018. Signed by Judge Anne C. Conway on 8/10/2018. (RMF)
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| Filing 27 Amended MEMORANDUM in opposition re #22 Motion to dismiss/lack of jurisdiction filed by Gazelles FL, Inc., Verne Harnish. (Attachments: #1 Exhibit Exh 1 - Part 1, #2 Exhibit Exh 1 - Part 2, #3 Exhibit Exh 2)(Sowell, Robert) Modified on 8/7/2018 (BIA). |
| Filing 26 MEMORANDUM in opposition re #22 Motion to dismiss/lack of jurisdiction filed by Gazelles FL, Inc., Verne Harnish. (Attachments: #1 Exhibit Exhbit 1 - Part 1, #2 Exhibit Exhibit 1 - Part 2, #3 Exhibit Exhibit 2)(Sowell, Robert) |
| Filing 25 CASE MANAGEMENT REPORT. (Etscorn, James) |
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Filing 24
ORDER granting #23 Joint Motion for Telephonic Case Management Conference and for Extension of Time. The deadline for the parties to conduct the case management conference is extended up to and including August 3, 2018. Signed by Magistrate Judge Karla R. Spaulding on 7/30/2018. (ECJ)
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| Filing 23 Joint MOTION to Appear Telephonically at Case Management Conference, Joint MOTION to extend time to August 3, 2018 by Gazelles, Inc., Verne Harnish. (Sowell, Robert) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 22 First MOTION to dismiss for lack of jurisdiction by All Defendants. (Attachments: #1 Exhibit Affidavit of Keith Cupp in Support of Motion for Summary Judgment for Lack of Personal Jurisdiction)(Remy-Estorino, Jennifer) |
| Filing 21 CORPORATE Disclosure Statement by Servant Ventures, Inc.. (Remy-Estorino, Jennifer) |
| Filing 20 AMENDED COMPLAINT against Keith Cupp, Servant Ventures, Inc. with Jury Demand. filed by Gazelles FL, Inc., Verne Harnish.(Sowell, Robert) |
| reset deadline: Answer due 7/13/18 for Keith Cupp, Servant Ventures, Inc. (RMF) |
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Filing 19
ORDER granting #18 Motion for Extension of Time to File Response/Reply to Complaint. Signed by Magistrate Judge Karla R. Spaulding on 6/29/2018. (RDO)
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| Filing 18 Unopposed MOTION for Extension of Time to 7/13/18 to File Response/Reply as to #1 Complaint by Keith Cupp, Servant Ventures, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Remy-Estorino, Jennifer) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 6/29/2018 (RMF). |
| reset deadline: Answer due 6/29/18 for Keith Cupp, Servant Ventures, Inc. (RMF) |
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Filing 17
ORDER granting #16 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Complaint (Doc. No. 1) is extended up to and including June 29, 2018. Signed by Magistrate Judge Karla R. Spaulding on 6/8/2018. (ECJ)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Keith Cupp, Servant Ventures, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Remy-Estorino, Jennifer) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 15 NOTICE of Appearance by Jennifer Remy-Estorino on behalf of Keith Cupp, Servant Ventures, Inc. (Remy-Estorino, Jennifer) |
| Filing 14 NOTICE of Appearance by Monica Marie McNulty on behalf of Keith Cupp, Servant Ventures, Inc. (McNulty, Monica) |
| Filing 13 NOTICE of Appearance by Attorneys Robert Sowell and James V. Etscorn on behalf of 1 PG, LLC, Gazelles FL, Inc., Gazelles, Inc., Verne Harnish. (Sowell, Robert) Modified on 6/1/2018 (ALL). |
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Filing 12
ORDER AND DIRECTION TO THE CLERK OF COURT granting #11 Unopposed Motion to Appear Pro Hac Vice. Mark E. Beatty, Esq. and Kurt M. Rylander, Esq., may specially appear in this case as counsel for Defendants with David S. Wood, Esq., serving as local counsel. Signed by Magistrate Judge Karla R. Spaulding on 5/30/2018. (ECJ)
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| ***PRO HAC VICE FEES paid by attorney Mark E. Beatty, appearing on behalf of Keith Cupp, Servant Ventures, Inc. (Filing fee $150 receipt number ORL074012.) Related document: #11 Unopposed MOTION for attorneys Mark E. Beatty and Kurt M. Rylander to appear pro hac vice. (RCN) |
| ***PRO HAC VICE FEES paid by attorney Kurt M. Rylander, appearing on behalf of Keith Cupp, Servant Ventures, Inc. (Filing fee $150 receipt number ORL074010.) Related document: #11 Unopposed MOTION for attorneys Mark E. Beatty and Kurt M. Rylander to appear pro hac vice. (JP) |
| Filing 11 Unopposed MOTION for attorneys Mark E. Beatty and Kurt M. Rylander to appear pro hac vice filed by Keith Cupp, Servant Ventures, Inc. (Attachments: #1 Exhibit Special Admission Attorney Certification - Mark E. Beatty, #2 Exhibit Special Admission Attorney Certification - Kurt M. Rylander)(Wood, David) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 5/30/2018 (ALL). |
| Filing 10 NOTICE of pendency of related cases re #5 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by 1 PG, LLC, Gazelles FL, Inc., Gazelles, Inc., Verne Harnish. Related case(s): y (Vilmos, Nicolette) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case/interested persons/ECF-2 by 1 PG, LLC, Gazelles FL, Inc., Gazelles, Inc., Verne Harnish identifying Other Affiliate 1 PG, LLC for 1 PG, LLC; Other Affiliate Gazelles FL, Inc. for Gazelles FL, Inc.; Other Affiliate Gazelles, Inc. for Gazelles, Inc... (Vilmos, Nicolette) |
| Filing 8 NOTICE to counsel of Local Rule 2.02 for attorney Mark E. Beatty (signed by deputy clerk)(copy mailed). (RMF) |
| Filing 7 WAIVER of service returned executed on 04/17/18 by Gazelles FL, Inc., Gazelles, Inc., Verne Harnish, 1 PG, LLC as to Servant Ventures, Inc.. (Vilmos, Nicolette) |
| Filing 6 WAIVER of service returned executed on 04/15/2018 by Gazelles FL, Inc., Gazelles, Inc., Verne Harnish, 1 PG, LLC as to Keith Cupp. (Vilmos, Nicolette) |
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Filing 5
RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 4/25/2018, Certificate of interested persons and corporate disclosure statement due by 4/25/2018. Signed by Judge Anne C. Conway on 4/11/2018. (RMF)
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| Filing 4 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint) (RMF) |
| Filing 3 SUMMONS issued as to Servant Ventures, Inc. (MAA) |
| Filing 2 SUMMONS issued as to Keith Cupp. (MAA) |
| Filing 1 COMPLAINT against Keith Cupp, Servant Ventures, Inc. with Jury Demand (Filing fee $ 400 receipt number ORl-72577) filed by Gazelles FL, Inc., Gazelles, Inc., Verne Harnish, 1 PG, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(MAA) |
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