Hill Nissan, Inc. v. Jenkins Nissan, Inc. et al
| Hill Nissan, Inc. |
| Jenkins Nissan, Inc., Frederick James Jenkins, Brian M. Fivecoat, Krista Garrison and Does 1-10 |
| 8:2011cv02757 |
| December 14, 2011 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Polk |
| Elizabeth A Jenkins |
| Mary S Scriven |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| Filing 67 Trademark Report sent to Alexandria, VA. (Attachments: #1 Stipulation for Dismissal, #2 Order Dismissing Case) (BES) |
Filing 66
ORDER dismissing case with prejudice. The Clerk is directed to terminate any pending motions and CLOSE this case. Signed by Judge Mary S. Scriven on 10/30/2012. (APV)
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| Filing 65 STIPULATION of Dismissal Pursuant to FRCP 41(a)(1) by Hill Nissan, Inc.. (Byerts, Robert) |
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Filing 64
ORDER directing administrative closure. This case is administratively closed pending receipt of a final stipulation of dismissal within sixty (60) days from the date of this Order. The Clerk is directed to terminate any pending motions in this case. Signed by Judge Mary S. Scriven on 9/20/2012. (APV)
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| Filing 63 MEDIATION REPORT Hearing held on September 11, 2012. Hearing outcome: the case has been completely settled.(Grilli, Peter) |
| Filing 62 MOTION to substitute attorney by Krista Garrison. (Haskell, Brian) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
| Filing 61 MOTION to dismiss Plaintiff's First Amended Complaint and Supporting Memorandum of Law by Krista Garrison. (Attachments: #1 Exhibit A)(Thorn, Eric) |
| Filing 60 First MOTION to dismiss Plaintiff's First Amended Complaint by Frederick James Jenkins. (Kapusta, Mark) |
| Filing 59 First MOTION to dismiss Plaintiff's First Amended Complaint by Brian M. Fivecoat. (Kapusta, Mark) |
| Filing 58 First MOTION to dismiss Plaintiff's First Amended Complaint by Jenkins Nissan, Inc.. (Kapusta, Mark) |
| Filing 57 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Hill Nissan, Inc.. Related document: #1 Complaint filed by Hill Nissan, Inc.. (Attachments: #1 Exhibit Ex A - Postings)(Ishman, Mark) |
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Filing 56
ORDER granting #38 Motion to dismiss; granting #24 Motion to dismiss; granting #25 Motion to dismiss; granting #26 Motion to dismiss. Plaintiff shall have fourteen (14) days from the date of this Order to file an Amended Complaint that complies with the Federal Rules of Civil Procedure. See Order for details. Signed by Judge Mary S. Scriven on 8/7/2012. (HMJ)
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| Filing 55 STATUS REPORT as to ESI Preservation by Brian M. Fivecoat, Krista Garrison, Frederick James Jenkins, Jenkins Nissan, Inc.. (Kapusta, Mark) |
| Filing 54 STATUS REPORT as to ESI Preservation by Hill Nissan, Inc.. (Ishman, Mark) |
| Filing 53 STATUS REPORT as to ESI Preservation by Brian M. Fivecoat, Frederick James Jenkins, Jenkins Nissan, Inc.. (Kapusta, Mark) |
| Filing 52 NOTICE by Brian M. Fivecoat, Krista Garrison, Hill Nissan, Inc., Frederick James Jenkins, Jenkins Nissan, Inc. re #51 Order EXECUTED CONFIDENTIALITY AGREEMENT AND ORDER (Ishman, Mark) |
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Filing 51
ORDER regarding Preliminary Pretrial Conference held on 6/26/2012. Signed by Magistrate Judge Elizabeth A. Jenkins on 6/28/2012. (RAS)
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| Filing 50 Minute Entry. Proceedings held before Magistrate Judge Elizabeth A. Jenkins: Discovery Hearing held on 6/26/2012, PRELIMINARY PRETRIAL CONFERENCE held on 6/26/2012. (digital) Court Reporter: Paul Spangler (CDM) (Additional attachment(s) added on 6/27/2012: #1 Minutes) (BES). |
| Filing 49 OBJECTION re #48 Notice of supplemental authority to allow for Electronic Stored Information Discovery by Krista Garrison by Krista Garrison. (Thorn, Eric) |
| Filing 48 NOTICE of supplemental authority re #43 Order Setting Hearing re ESI-related discovery by Hill Nissan, Inc. (Attachments: #1 Exhibit Notice to Ppreserve ESI)(Ishman, Mark) |
| Filing 47 CERTIFICATE of interested persons and corporate disclosure statement re #13 Corporate Disclosure Statement, #6 Interested persons order Amended Certificate by Brian M. Fivecoat, Frederick James Jenkins, Jenkins Nissan, Inc.. (Kapusta, Mark) |
| Filing 46 NOTICE of mediation conference/hearing to be held on September 11, 2012 @ 9:00 a.m. before Peter J. Grilli, Esq. (Grilli, Peter) |
| Filing 45 NOTICE of mediation conference/hearing to be held on September 11, 2012 9:00 AM before Peter J. Grilli. (Byerts, Robert) |
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Filing 44
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/1/2012, Joinder of Parties due by 9/1/2012, Discovery due by 4/3/2013, Dispositive motions due by 5/3/2013, Pretrial statement due by 9/13/2013, All other motions due by 9/20/2013, Plaintiff disclosure of expert report due by 2/4/2013, Defendant disclosure of expert report due by 3/4/2013, Jury Trial set for the November 2013 trial term, which commences on 11/4/2013 at 09:00 AM in Tampa Courtroom 10 B before Judge Mary S. Scriven. Conduct mediation hearing by 10/1/2012. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 6/1/2012. (Attachments: #1 )(APV) Modified on 6/4/2012 (BES).
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Filing 43
ORDER setting hearing. The parties shall appear before the undersigned for a preliminary pretrial conference on Tuesday, June 26, 2012 at 10:00 a.m. Signed by Magistrate Judge Elizabeth A. Jenkins on 6/1/2012. (JBF)
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| Filing 42 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Krista Garrison. (Thorn, Eric) |
| Filing 41 RESPONSE in opposition re #38 MOTION to dismiss Complaint and Supporting Memorandum of Law filed by Hill Nissan, Inc.. (Ishman, Mark) |
| Filing 40 AMENDED CASE MANAGEMENT REPORT. (Thorn, Eric) Modified on 5/11/2012 (BES). |
| Filing 39 CASE MANAGEMENT REPORT. (Ishman, Mark) |
| Filing 38 MOTION to dismiss Complaint and Supporting Memorandum of Law by Krista Garrison. (Attachments: #1 Exhibit A)(Thorn, Eric) |
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Filing 37
ORDER directing compliance. Parties shall file a case management report within fourteen (14) days from the date of this Order. Responses due by 5/10/2012. Signed by Judge Mary S. Scriven on 4/26/2012. (APV)
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Filing 36
ORDER granting #35 motion to appear pro hac vice. Signed by Magistrate Judge Elizabeth A. Jenkins on 3/28/2012. (JBF)
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| Filing 35 Amended MOTION for Mark W. Ishman to appear pro hac vice by Hill Nissan, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Byerts, Robert) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
| Filing 34 MOTION for Mark Ishman to appear pro hac vice by Hill Nissan, Inc.. (Attachments: #1 Text of Proposed Order)(Byerts, Robert) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
| Filing 33 **INCORRECT EVENT CODE; COUNSEL TO REFILE** RETURN of service unexecuted by Krista Garrison as to Krista Garrison. (Thorn, Eric) Modified on 3/5/2012 (JLH). |
| Filing 32 **TERMINATED; ATTORNEY NOTIFIED TO RE-FILE USING CORRECT FORM** WAIVER OF SERVICE returned executed on February 29, 2012 by Krista Garrison as to Krista Garrison. (Thorn, Eric) Modified on 3/2/2012 (RFK). |
| Filing 31 NOTICE of Appearance by Eric M. Thorn on behalf of Krista Garrison (Thorn, Eric) |
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Filing 30
ORDER denying #18 Motion to disqualify. Signed by Magistrate Judge Elizabeth A. Jenkins on 2/9/2012. (JBF)
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| Filing 29 RESPONSE in opposition re #26 MOTION to dismiss Plaintiff's Complaint, #25 MOTION to dismiss Plaintiff's Complaint filed by Hill Nissan, Inc.. (Ishman, Mark) |
| Filing 28 RESPONSE in opposition re #26 MOTION to dismiss Plaintiff's Complaint, #24 MOTION to dismiss Plaintiff's Complaint, #25 MOTION to dismiss Plaintiff's Complaint filed by Hill Nissan, Inc.. (Ishman, Mark) |
| Filing 27 RESPONSE to motion re #18 MOTION to disqualify Defense Counsel from Representing Corporate Defendant and its Executive Officers and Incorporated Memorandum of Law filed by Brian M. Fivecoat, Frederick James Jenkins, Jenkins Nissan, Inc.. (Kapusta, Mark) |
| Filing 26 MOTION to dismiss Plaintiff's Complaint by Brian M. Fivecoat. (Kapusta, Mark) |
| Filing 25 MOTION to dismiss Plaintiff's Complaint by Frederick James Jenkins. (Kapusta, Mark) |
| Filing 24 MOTION to dismiss Plaintiff's Complaint by Jenkins Nissan, Inc.. (Kapusta, Mark) |
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Filing 23
ORDER granting #17 Motion for extension of time to answer or respond. Defendants shall respond to the complaint on or before January 27, 2012. Signed by Magistrate Judge Elizabeth A. Jenkins on 1/24/2012. (JBF)
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| Filing 22 NOTICE of Appearance by Henry Lee Paul on behalf of Brian M. Fivecoat (Paul, Henry) |
| Filing 21 NOTICE of Appearance by Henry Lee Paul on behalf of Frederick James Jenkins (Paul, Henry) |
| Filing 20 NOTICE of Appearance by Henry Lee Paul on behalf of Jenkins Nissan, Inc. (Paul, Henry) |
| Filing 19 RESPONSE in opposition re #17 First MOTION for extension of time to file answer or otherwise plead re #1 Complaint filed by Hill Nissan, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Byerts, Robert) |
| Filing 18 MOTION to disqualify Defense Counsel from Representing Corporate Defendant and its Executive Officers by Hill Nissan, Inc.. (Byerts, Robert) |
| Filing 17 First MOTION for extension of time to file answer or otherwise plead re #1 Complaint by Brian M. Fivecoat, Frederick James Jenkins, Jenkins Nissan, Inc.. (Kapusta, Mark) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mark W. Ishman appearing on behalf of Hill Nissan, Inc. (Filing fee $10 receipt number TPA9115.) (JNB) |
| Filing 16 ** INCORRECT EVENT CODE; COUNSEL TO REFILE** First MOTION to extend time to RESPOND TO COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT by Brian M. Fivecoat, Frederick James Jenkins, Jenkins Nissan, Inc.. (Kapusta, Mark) Modified on 1/12/2012 (JLH). |
| Filing 15 NOTICE of pendency of related cases re #5 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Hill Nissan, Inc.. Related case(s): no (Byerts, Robert) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Hill Nissan, Inc.. (Byerts, Robert) |
| Filing 13 Corporate Disclosure Statement by Jenkins Nissan, Inc.. (Kapusta, Mark) |
| Filing 12 NOTICE of Appearance by Mark Reidy Kapusta on behalf of Jenkins Nissan, Inc. (Kapusta, Mark) |
| Filing 11 NOTICE of Appearance by Mark Reidy Kapusta on behalf of Frederick James Jenkins (Kapusta, Mark) |
| Filing 10 NOTICE of Appearance by Mark Reidy Kapusta on behalf of Brian M. Fivecoat (Kapusta, Mark) |
| Filing 9 RETURN of service executed on 12/14/2011 by Hill Nissan, Inc. as to Jenkins Nissan, Inc. (DMS) |
| Filing 8 RETURN of service executed on 12/14/2011 by Hill Nissan, Inc. as to Brian M. Fivecoat. (DMS) |
| Filing 7 RETURN of service executed on 12/14/2011 by Hill Nissan, Inc. as to Frederick James Jenkins. (DMS) |
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Filing 6
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due 14 days from the date of this order. Signed by Judge Mary S. Scriven on 12/29/2011. (APV)
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due 14 days from the date of this order. Signed by Judge Mary S. Scriven on 12/29/2011. (APV)
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| Filing 4 Case Reassigned to Judge Mary S. Scriven. New case number: 8:11-cv-2757-35EAJ. Judge Richard A. Lazzara no longer assigned to the case. (DMS) |
| Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 COMPLAINT) (JLH) |
| Filing 2 Summons issued as to Brian M. Fivecoat, Frederick James Jenkins, Jenkins Nissan, Inc.. (JLH) |
| Filing 1 COMPLAINT against Does 1-10, Brian M. Fivecoat, Krista Garrison, Frederick James Jenkins, Jenkins Nissan, Inc. with Jury Demand (Filing fee $ 350 receipt number TPA 8745) filed by Hill Nissan, Inc.. (Attachments: #1 Civil Cover Sheet)(JLH) |
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