Hardees Restaurants LLC v. Arbor Capital Partners, LLC, et al
| Hardees Restaurants LLC |
| Arbor Capital Partners, LLC, Gerges Gerges, Edward Gerges, Aihab Gerges and ACP Restaurant Management, Inc. |
| Gerges Gerges, Aihab Gerges, Edward Gerges, ACP Restaurant Management, Inc. and Arbor Capital Partners, LLC |
| Hardees Restaurants LLC |
| 6:2026cv00978 |
| May 5, 2026 |
| U.S. District Court for the Middle District of Florida |
| Orlando Office |
| Paul G Byron |
| Daniel C Irick |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 2, 2026. A more recent docket listing may be available from PACER.
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Filing 73
NOTICE TO COUNSEL Jordan Louis Behlman of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (WLB)
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Filing 72
NOTICE by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges re #71 Answer to amended complaint Counterclaim NOTICE OF FILING OMITTED EXHIBITS (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Behlman, Jordan)
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Filing 71
Defendant/Counter-Plaintiffs' ANSWER and affirmative defenses with Jury Demand to #59 Amended Complaint, COUNTERCLAIM against Hardees Restaurants LLC by Gerges Gerges, Aihab Gerges, Edward Gerges, ACP Restaurant Management, Inc., Arbor Capital Partners, LLC.(Behlman, Jordan) Modified on 7/2/2026 to edit docket text. (WLB).
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Filing 70
ORDER for attorneys Satchel Fowler, Andrew Gardella, Elizabeth S. Tipping, and Jeffrey A. Zager to comply with the administrative procedures regarding electronic filing within thirty (30) days of the date of this Order. Signed by Judge Paul G. Byron on 7/1/2026. (KM)
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Filing 69
NOTICE OF SELECTION of Julie O'Kane as mediator by Hardees Restaurants LLC.(Miller, Craig)
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Filing 68
ENDORSED ORDER discharging #63 Order to show cause. Signed by Judge Paul G. Byron on 6/22/2026. (KM)
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Filing 67
RESPONSE TO ORDER TO SHOW CAUSE re #63 Order to show cause filed by Aihab Gerges, Edward Gerges, Gerges Gerges. (Behlman, Jordan)
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Filing 66
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Aihab Gerges. (Behlman, Jordan)
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Filing 65
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Edward Gerges. (Behlman, Jordan)
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Filing 64
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Gerges Gerges. (Behlman, Jordan)
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Filing 63
***DICHARGED PURSUANT TO 68 ENDORSED ORDER*** ORDER to show cause as to Aihab Gerges, Edward Gerges, and Gerges Gerges. Defendants Gerges Gerges, Edward Gerges, and Aihab Gerges has failed to comply with the Court's Order of May 6, 2026 directing counsel to file a Notice of Pendency of Other Actions and a Disclosure Statement. Therefore, it is ORDERED that Defendants Gerges Gerges, Edward Gerges, and Aihab Gerges shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal of the case without further notice or other appropriate sanctions. Signed by Judge Paul G. Byron on 6/15/2026. (KM) Modified on 6/22/2026 (LSS).
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Filing 62
ORDER. This cause is before the Court on the Case Management Report filed by the parties (Doc. #60). The report indicates that the parties have not yet agreed on a mediator. Therefore, the parties are directed to confer and advise the Court on the selection of a mediator and the mediation date within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 6/15/2026. (KM)
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Filing 61
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/31/2026. Joinder of Parties due by 7/31/2026. Discovery due by 6/1/2027. Dispositive motions due by 7/6/2027. Pretrial statement due by 10/18/2027. All other motions due by 10/25/2027. Plaintiff disclosure of expert report due by 4/5/2027. Defendant disclosure of expert report due by 5/3/2027. Final Pretrial Conference set for 11/16/2027 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Bench Trial set for the trial term commencing on 12/6/2027 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 6/14/2027. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 6/15/2026. (KM)
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Filing 60
CASE MANAGEMENT REPORT. (Miller, Craig)
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Filing 59
AMENDED COMPLAINT against ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges filed by Hardees Restaurants LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Miller, Craig)
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Filing 58
NOTICE of Lead Counsel Designation by Craig P. Miller on behalf of Hardees Restaurants LLC. Lead Counsel: Craig P. Miller. (Miller, Craig)
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Filing 57
ENDORSED ORDER granting #56 Motion to Appear Pro Hac Vice. Craig P. Miller is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 5/29/2026. (Irick, Daniel)
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Filing 56
Unopposed MOTION for Craig P. Miller to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25027696 for $150 Special Admission of a Non-Resident by Hardees Restaurants LLC. (Breslin, Theresa) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 55
SECOND NOTICE TO COUNSEL Andrew Gardella and Craig P. Miller Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; (Signed by Deputy Clerk). (AET)
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Filing 54
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by ACP Restaurant Management, Inc. (Behlman, Jordan) Modified on 5/29/2026 to edit docket text. (AR)
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Filing 53
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by ACP Restaurant Management, Inc. (Behlman, Jordan) Modified on 5/29/2026 to edit docket text. (AR)
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Filing 52
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Arbor Capital Partners, LLC. (Behlman, Jordan)
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Filing 51
NOTICE of a related action per Local Rule 1.07(c) by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges. Related case(s): Yes (Behlman, Jordan)
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Filing 50
NOTICE of Lead Counsel Designation by Jordan Louis Behlman on behalf of ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges. Lead Counsel: Jordan Behlman. (Behlman, Jordan)
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Filing 49
NOTICE by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges Substitution of Counsel for Defendants (Behlman, Jordan)
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Filing 48
ORDER. The #1 Complaint is DISMISSED WITHOUT PREJUDICE as a shotgun pleading. On or before June 9, 2026, Plaintiff may file an amended complaint consistent with the directives of this Order. Failure to timely file an amended complaint may result in dismissal of this action without further notice. Signed by Judge Paul G. Byron on 5/26/2026. (REG)
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Filing 47
NOTICE of a related action per Local Rule 1.07(c) by Hardees Restaurants LLC. Related case(s): Yes (Breslin, Theresa)
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Filing 46
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Hardees Restaurants LLC identifying Corporate Parent CKE Restaurants Holdings, Inc., Corporate Parent Hardee's Funding LLC, Corporate Parent Hardee's SPV Guarantor LLC, Corporate Parent Hardee's Food Systems LLC for Hardees Restaurants LLC.. (Breslin, Theresa)
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Filing 45
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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Filing 44
INITIAL CASE ORDER re: Case Management and Deeadlines. Signed by Judge Paul G. Byron on 5/6/2026. (KM)
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Filing 43
NOTICE TO All Counsel of Record of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (RPB)
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Filing 42
Case TRANSFERRED from the Middle District of Tennessee. Case assigned to District Judge Byron and Magistrate Judge Irick. New Case Number: 6:26-cv-978-PGB-DCI. (RPB)
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Filing 41
Case transferred in from District of Tennessee Middle; Case Number 3:25-cv-01135. File received electronically
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Filing 40
ORDER: For the reasons set forth in the accompanying Memorandum, the defendants' Motion Transfer Venue (Doc. No. #24) is GRANTED under 28 U.S.C. 1404(a).This case is hereby TRANSFERRED, pursuant to 1404(a), to the United States District Court for the Middle District of Florida, Orlando Division, in Orlando, Florida. Signed by District Judge Aleta A. Trauger on 05/05/2026. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 39
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 05/05/2026. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) [Transferred from tnmd on 5/5/2026.]
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Filing 38
RESPONSE in Support re #24 MOTION for Partial Dismissal and to Transfer Venue filed by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 37
RESPONSE in Opposition re #24 MOTION for Partial Dismissal and to Transfer Venue filed by Hardees Restaurants LLC. (Attachments: #1 Attachment Declaration of John Mayes)(Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 36
ORDER EXTENDING BRIEFING DEADLINES: It is hereby ORDERED that the Joint Motion #35 to Extend Briefing Deadlines is GRANTED and plaintiff shall have until up to and through January 7, 2026, to respond to Defendants Motion for Partial Dismissal and to Transfer Venue ("Motion") and Defendants shall have until up to and through January 16, 2026, to file a reply in support of its Motion. Signed by District Judge Aleta A. Trauger on 12/15/2025. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 35
Joint MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Partial Dismissal and to Transfer Venue by Hardees Restaurants LLC. (Attachments: #1 Attachment Proposed Order Granting Joint Motion to Extend Briefing Deadlines)(Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 34
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Hardees Restaurants LLC. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 33
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Gerges Gerges. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 32
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Edward Gerges. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 31
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Aihab Gerges. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 30
AMENDED DOCUMENT by ACP Restaurant Management, Inc.. Amendment to #27 Business Entity Disclosure Statement . (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 29
AMENDED DOCUMENT by Arbor Capital Partners, LLC. Amendment to #26 Business Entity Disclosure Statement . (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 28
ORDER: Given the filing of a Motion for Partial Dismissal and to Transfer Venue (Doc. No. 240, it is hereby ORDERED that the initial case management conference scheduled for December 15, 2025 is CONTINUED, to be reset, if appropriate, following disposition of this motion. Signed by District Judge Aleta A. Trauger on 12/09/2025. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 27
BUSINESS ENTITY DISCLOSURE STATEMENT filed by ACP Restaurant Management, Inc.. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 26
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Arbor Capital Partners, LLC. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 25
MEMORANDUM in Support of #24 MOTION for Partial Dismissal and to Transfer Venue filed by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges . (Attachments: #1 Exhibit 1 - Hardee's Restaurants LLC Business Detail, #2 Exhibit 2 - Declaration of Aihab Gerges, #3 Exhibit 3 - Declaration of Edward Gerges, #4 Exhibit 4 - Declaration of Gerges Gerges, #5 Exhibit 5 - First Amended Complaint for Damages, filed Dec. 16, 2024)(Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 24
MOTION for Partial Dismissal and to Transfer Venue by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges. (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 23
ORDER CONCERNING UPCOMING INITIAL CASE MANAGEMENT CONFERENCE: The initial case management conference in this case is scheduled for December 15, 2025 at 2:00 p.m. District Judge Aleta Trauger conducts her own initial case management conferences, and they are held IN PERSON, not by videoconference or telephone. Counsel is reminded that, as stated in the Notice setting the initial case management conference issued at the beginning of the case, LEAD COUNSEL for each party is required to attend the initial case management conference unless excused by order of the court. Signed by District Judge Aleta A. Trauger on 12/03/2025. (ad) [Transferred from tnmd on 5/5/2026.]
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TN State Bar status verified as active for Jeffrey A. Zager, Elizabeth S. Tipping, Satchel Fowler admitted to this court. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 22
AGREED ORDER: Based upon the agreement of the parties, as evidenced by the signatures of their respective counsel below, it is hereby ORDERED that Defendants shall have until December 3, 2025, to answer or otherwise respond to the Complaint filed in this action. Nothing herein shall constitute a waiver or admission of any claims or defenses of any party in this action. Signed by District Judge Aleta A. Trauger on 11/13/2025. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 21
ORDER: Motion #20 for Extension of Time to Answer re #1 Complaint GRANTED. Signed by District Judge Aleta A. Trauger on 11/13/2025. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 20
Joint MOTION for Extension of Time to File Answer by ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges. (Attachments: #1 Attachment Proposed Agreed Order)(Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 19
NOTICE of Appearance by Satchel Fowler on behalf of All Defendants (Fowler, Satchel) [Transferred from tnmd on 5/5/2026.]
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Filing 18
NOTICE of Appearance by Elizabeth S. Tipping on behalf of All Defendants (Tipping, Elizabeth) [Transferred from tnmd on 5/5/2026.]
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Filing 17
NOTICE of Appearance by Jeffrey A. Zager on behalf of All Defendants (Zager, Jeffrey) [Transferred from tnmd on 5/5/2026.]
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Filing 16
ORDER granting #14 and #15: Having satisfied the requirements of Local Rule 83.01(b), the Motions for Theresa Nolan Breslin and Craig P. Miller to Appear Pro Hac Vice are granted. Signed by Clerk of Court Lynda M. Hill on 10/29/2025. (lh) [Transferred from tnmd on 5/5/2026.]
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Filing 15
MOTION for attorney Craig P. Miller to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4426225) by Hardees Restaurants LLC. (Attachments: #1 Attachment Certificate of Good Standing of Craig P. Miller)(Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 14
MOTION for attorney Theresa Nolan Breslin to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4425291) by Hardees Restaurants LLC. (Attachments: #1 Attachment Certificate of Good Standing of Theresa Nolan Breslin)(Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 13
SUMMONS returned executed by Hardees Restaurants LLC. ACP Restaurant Management, Inc. served on 10/10/2025; Arbor Capital Partners, LLC served on 10/10/2025; Aihab Gerges served on 10/10/2025; Edward Gerges served on 10/10/2025; Gerges Gerges served on 10/10/2025. (Attachments: #1 Exhibit Exhibit A - Acknowledgement and Acceptance of Service of Summons and Complaint)(Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 12
Summons issued as to ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 11
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Hardees Restaurants LLC. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 10
NOTICE of Summons to be Issued as to Gerges Gerges. Counsel is responsible for printing and serving the summons after it is issued by the Clerk's Office. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 9
NOTICE of Summons to be Issued as to Edward Gerges. Counsel is responsible for printing and serving the summons after it is issued by the Clerk's Office. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 8
NOTICE of Summons to be Issued as to Arbor Capital Partners, LLC. Counsel is responsible for printing and serving the summons after it is issued by the Clerk's Office. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 7
NOTICE of Summons to be Issued as to Aihab Gerges. Counsel is responsible for printing and serving the summons after it is issued by the Clerk's Office. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 6
NOTICE of Summons to be Issued as to ACP Restaurant Management, Inc.. Counsel is responsible for printing and serving the summons after it is issued by the Clerk's Office. (Gardella, Andrew) [Transferred from tnmd on 5/5/2026.]
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Filing 5
NOTICE of Initial Case Management Conference set for 12/15/2025 at 02:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 4
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 3
NOTICE of Business Entity Disclosure Statement filing requirement. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 2
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad) [Transferred from tnmd on 5/5/2026.]
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Filing 1
COMPLAINT against ACP Restaurant Management, Inc., Arbor Capital Partners, LLC, Aihab Gerges, Edward Gerges, Gerges Gerges (Filing fee $405, Receipt number ATNMDC-4419542), filed by Hardees Restaurants LLC. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Prime Lease, #3 Exhibit C - Lease Assignment & Assumption Agreement, #4 Exhibit D - Sublease Agreement, #5 Exhibit E - Signed Sublease Guarantee, #6 Exhibit F - Conditional Consent to Close, #7 Exhibit G - Notice of Default and Termination - Franchise Agreement, #8 Exhibit H - Demand for Payment, #9 Exhibit I - Notice of Default and Termination - Sublease, #10 Attachment Civil Cover Sheet)(ad) [Transferred from tnmd on 5/5/2026.]
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TN State Bar status verified as active for Andrew Gardella admitted to this court. (ad) [Transferred from tnmd on 5/5/2026.]
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MN State Bar status verified as active for Craig P. Miller not admitted to this court - Local counsel secured. (ad) [Transferred from tnmd on 5/5/2026.]
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DC State Bar status verified as active for Theresa Nolan Breslin not admitted to this court - Local counsel secured. (ad) [Transferred from tnmd on 5/5/2026.]
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NOTICE TO COUNSEL Craig P. Miller, Theresa Nolan Breslin: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 10/23/2025. (ad) [Transferred from tnmd on 5/5/2026.]
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