JTH Tax, Inc. v. Colyer et al
| JTH Tax, Inc. d/b/a Liberty Tax Service, JTH Tax, Inc. and JTH Tax, Inc. doing business as Liberty Tax Service |
| Universal Group Tax & Insurance Specialist, BTMC, Inc., Universal Group Insurance, Inc., Timothy Colyer and Bobbi Colyer |
| 8:2019cv00853 |
| April 9, 2019 |
| US District Court for the Middle District of Florida |
| Christopher P Tuite |
| James D Whittemore |
| Contract: Franchise |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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This docket was last retrieved on October 15, 2019. A more recent docket listing may be available from PACER.
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Filing 44
ORDER dismissing with prejudice. Signed by Judge James D. Whittemore on 10/15/2019. (JHA)
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| Filing 43 STIPULATION of Dismissal Joint Stipulation of Dismissal by JTH Tax, Inc.. (Whitelock, Julia) |
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Filing 42
ORDER dismissing case without prejudice based on #41 Notice of Settlement. Signed by Judge James D. Whittemore on 8/9/2019. (AKA)
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| Filing 41 NOTICE of settlement by JTH Tax, Inc. (Whitelock, Julia) |
| Filing 40 STATUS report RE Preliminary Injunction Meet and Confer by JTH Tax, Inc.. (Whitelock, Julia) |
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Filing 39
ORDER AND NOTICE OF HEARING re: #33 Plaintiff's Motion for Entry of Temporary Restraining Order and Preliminary Injunction. Evidentiary Hearing set for 8/23/2019 at 09:00 AM in Tampa Courtroom 12B before Magistrate Judge Christopher P. Tuite. See Order for further details. (AMM)
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| Filing 38 Minute Entry. Proceedings held before Magistrate Judge Christopher P. Tuite: STATUS CONFERENCE held on 7/22/2019. (DIGITAL) (LYB) |
| Filing 37 NOTICE OF TELEPHONIC STATUS CONFERENCE re: #33 Plaintiff's Motion for Entry of Temporary Restraining Order and Preliminary Injunction. Telephonic Status Conference set for 7/22/2019 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Christopher P. Tuite. At least five minutes prior to the date and time specified for the conference, the parties shall call 1-877-336-1831; enter access code 8770970; and the security code 0853 followed by the # (pound) key. (AMM) |
| Filing 36 RESPONSE in Opposition re #33 MOTION for temporary restraining order and MOTION for preliminary injunction filed by BTMC, Inc., Bobbi Colyer, Timothy Colyer, Universal Group Insurance, Inc., Universal Group Tax & Insurance Specialist. (Attachments: #1 Affidavit Declaration of Bobbi Colyer)(Violette, Christopher) |
| Filing 35 RESPONSE in Opposition re #30 MOTION to Dismiss Defendant/Counter-Plaintiff Bobbi Colyer's Counterclaims (D.E. 21) filed by Bobbi Colyer. (Violette, Christopher) |
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Filing 34
ENDORSED ORDER directing Defendants BTMC, Inc., Bobbi Colyer, Timothy Colyer, Universal Group Insurance, Inc., and Universal Group Tax & Insurance Specialist to respond to #33 Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction on or before 7/12/2019. Signed by Magistrate Judge Christopher P. Tuite on 7/5/2019. (AHA)
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| Filing 33 MOTION for temporary restraining order and, MOTION for preliminary injunction by JTH Tax, Inc.. (Attachments: #1 Exhibit Declaration of Julia K. Whitelock, #2 Exhibit Declaration of Faith Leek, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y)(Trigo, Capri) |
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Filing 32
ORDER granting #31 Motion for Extension of Time to File Response/Reply. Signed by Judge James D. Whittemore on 6/27/2019. (AKA)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss Defendant/Counter-Plaintiff Bobbi Colyer's Counterclaims (D.E. 21) by Bobbi Colyer. (Violette, Christopher) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 30 MOTION to Dismiss Defendant/Counter-Plaintiff Bobbi Colyer's Counterclaims (D.E. 21) by JTH Tax, Inc.. (Trigo, Capri) |
| Filing 29 NOTICE of compliance re #26 Order on motion to appear pro hac vice by JTH Tax, Inc. (Trigo, Capri) |
| Filing 28 NOTICE of compliance re #23 Order on motion to appear pro hac vice by JTH Tax, Inc. (Trigo, Capri) |
| ***PRO HAC VICE FEES paid by attorney Peter G. Siachos (Filing fee $150 receipt number TPA056862.) Related document: #24 MOTION for Peter G. Siachos to appear pro hac vice. (ARC) |
| ***PRO HAC VICE FEES paid by attorney Julia K. Whitelock (Filing fee $150 receipt number TPA056862.) Related document: #22 MOTION for Julia K. Whitelock to appear pro hac vice. (ARC) |
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 9/10/2020 at 10:00 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. Jury Trial set for 10/5/2020 at 08:45 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 6/3/2019. (CAB)
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Filing 26
ORDER provisionally granting #24 motion to appear pro hac vice. Signed by Judge James D. Whittemore on 5/31/2019. (AKA)
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| Filing 25 CASE MANAGEMENT REPORT. (Trigo, Capri) |
| Filing 24 MOTION for Peter G. Siachos to appear pro hac vice by JTH Tax, Inc.. (Trigo, Capri) |
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Filing 23
ORDER provisionally granting #22 motion to appear pro hac vice. Signed by Judge James D. Whittemore on 5/31/2019. (AKA)
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| Filing 22 MOTION for Julia K. Whitelock to appear pro hac vice by JTH Tax, Inc.. (Trigo, Capri) |
| Filing 21 ANSWER and affirmative defenses with Jury Demand to #4 Amended Complaint , COUNTERCLAIM against JTH Tax, Inc. by Universal Group Tax & Insurance Specialist, BTMC, Inc., Timothy Colyer, Bobbi Colyer, Universal Group Insurance, Inc..(Violette, Christopher) |
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Filing 20
ORDER granting #19 Defendants' Unopposed Motion. Defendants shall have until May 24, 2019 to answer or otherwise respond to the Amended Verified Complaint. Signed by Judge James D. Whittemore on 5/2/2019. (AKA)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply to the Amended Complaint by All Defendants. (Violette, Christopher) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 18 NOTICE of Appearance by Christopher R. Violette on behalf of BTMC, Inc., Bobbi Colyer, Timothy Colyer, Universal Group Insurance, Inc., Universal Group Tax & Insurance Specialist (Violette, Christopher) |
| Filing 17 RETURN of service executed on April 12, 2019 by JTH Tax, Inc. as to Universal Group Tax & Insurance Specialist. (Trigo, Capri) |
| Filing 16 RETURN of service executed on April 12, 2019 by JTH Tax, Inc. as to Universal Group Insurance, Inc.. (Trigo, Capri) |
| Filing 15 RETURN of service executed on April 12, 2019 by JTH Tax, Inc. as to BTMC, Inc.. (Trigo, Capri) |
| Filing 14 RETURN of service executed on April 12, 2019 by JTH Tax, Inc. as to Bobbi Colyer. (Trigo, Capri) |
| Filing 13 RETURN of service executed on April 12, 2019 by JTH Tax, Inc. as to Timothy Colyer. (Trigo, Capri) |
| Filing 12 COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE. PROOF of service by JTH Tax, Inc. (Trigo, Capri) Modified on 4/24/2019 (BSN). |
| Filing 11 COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE. PROOF of service by JTH Tax, Inc. (Trigo, Capri) Modified on 4/24/2019 (BSN). |
| Filing 10 COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE. PROOF of service by JTH Tax, Inc. (Trigo, Capri) Modified on 4/24/2019 (BSN). |
| Filing 9 COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE. PROOF of service by JTH Tax, Inc. (Trigo, Capri) Modified on 4/24/2019 (BSN). |
| Filing 8 COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE. PROOF of service by JTH Tax, Inc. (Trigo, Capri) Modified on 4/24/2019 (BSN). |
| Filing 7 Trademark Report sent to Alexandria, VA. (LSS) |
| Filing 6 SUMMONS issued as to BTMC, Inc., Bobbi Colyer, Timothy Colyer, Universal Group Insurance, Inc., Universal Group Tax & Insurance Specialist. (LSS) (LSS). |
| Filing 5 NOTICE of designation under Local Rule 3.05 - Track 2 (CAB) |
| Filing 4 AMENDED COMPLAINT against BTMC, Inc., Bobbi Colyer, Timothy Colyer, Universal Group Insurance, Inc., Universal Group Tax & Insurance Specialist filed by JTH Tax, Inc. d/b/a Liberty Tax Service. (Attachments: #1 Proposed Summons to Bobbi Colyer, #2 Proposed Summons to BTMC, Inc., #3 Proposed Summons to Timothy Colyer, #4 Proposed Summons to Universal Group Insurance, Inc., #5 Text of Proposed Order to Universal Group Tax & Insurance, #6 Exhibit A - 6321 LTS Franchise Agreement FL135 3-23-16, #7 Exhibit B - 6321 Promissory Note RO-01, #8 Exhibit C - 6321 Promissory Note 6321-RO-04, #9 Exhibit D - 6321 Promissory Note 6321-LI-01, #10 Exhibit E - 6321 Promissory Note RTO for FL136, #11 Exhibit F - Notices to Cure, #12 Exhibit G - Finalized C&D Letter - Bobbi Colyer 1-25-2019, #13 Exhibit H - Termination Notice)(Trigo, Capri) |
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Filing 3
ORDER striking #1 Complaint as it is a shotgun pleading. Plaintiff may file an Amended Complaint within fourteen days. Signed by Judge James D. Whittemore on 4/10/2019. (AKA)
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| Filing 2 NEW CASE ASSIGNED to Judge James D. Whittemore and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-853-T-27CPT. (SJB) |
| Filing 1 ***STRICKEN PER #3 ORDER**8COMPLAINT against BTMC, Inc., Bobbi Colyer, Timothy Colyer, Universal Group Insurance, Inc., Universal Group Tax & Insurance Specialist (Filing fee $ 400 receipt number 113A-15335236) filed by JTH Tax, Inc. d/b/a Liberty Tax Service. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Exhibit A 6321 LTS Franchise Agreement FL135 3-23-16, #8 Exhibit B 6321 Promissory Note RO-01, #9 Exhibit C 6321 Promissory Note 6321 RO-04, #10 Exhibit D 6321 Promissory Note 6321 LI-01, #11 Exhibit E 6321 Promissory Note RTO for FL136, #12 Exhibit F Notice to Cure, #13 Exhibit G Finalized C&D Letter - Bobbi Colyer 1-25-19, #14 Exhibit H Termination Notice)(Trigo, Capri) Modified on 4/11/2019 (LSS). |
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