CHHJ Franchising L.L.C. v. J Bates LLC et al
| CHHJ Franchising L.L.C. |
| J BATES LLC, JOHN BATES, JENNIFER BATES and CRK Services, LLC doing business as Peake Moving & Hauling |
| 8:2025cv00490 |
| February 28, 2025 |
| U.S. District Court for the Middle District of Florida |
| Steven D Merryday |
| Christopher P Tuite |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on April 28, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 MOTION for Leave to File Motion to Set Aside the Default Judgment by Jennifer Bates, John Bates. (eportal) (GL) |
| Filing 17 Clerk's ENTRY OF DEFAULT as to CRK Services, LLC (AMS) |
| Filing 16 Clerk's ENTRY OF DEFAULT as to J Bates LLC (AMS) |
Filing 15
ENDORSED ORDER granting in part and denying in part #13 Plaintiff's Application for a Default. A review of the docket reveals that Defendants John and Jennifer Bates answered Plaintiff's complaint. See (#14). Although untimely, the Bates's delay in filing their answer has not prejudiced Plaintiff since this lawsuit is still in its early stages, and the preference in this Circuit is for cases to be heard on the merits. See Douse v. Neal Communities of S.W. Fla., Inc., 2021 WL 2806206, at *1 (M.D. Fla. Jan. 15, 2023) (citing Davila v. Marshall, 649 F. App'x 977, 980 (11th Cir. 2016)); Cherokee Funding II, LLC v. Iverson, 2018 WL 4194070, at *1 (M.D. Fla. May 22, 2018) (denying a motion for entry of clerk's default in part because "[d]efendant's eight-day delay in filing its answer has not prejudiced [p]laintiff, and its answer indicates that it has meritorious defenses to [p]laintiff's claims"). Defendants J Bates LLC and CRK Services LLC, however, have not filed a response to the complaint. As a result, Plaintiff's motion is granted with respect to Defendants J Bates LLC and CRK Services LLC and denied with respect to Defendants John and Jennifer Bates. The Clerk is directed to enter a default against J Bates LLC and CRK Services LLC. Signed by Magistrate Judge Christopher P. Tuite on 4/18/2025. (ACL)
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| Filing 14 ANSWER to #1 Complaint, by Jennifer Bates, John Bates. (e-portal) (Attachments: #1 Supplement Response 2, #2 Exhibit Letter) (JKB) |
| Filing 13 MOTION for Clerk's Entry of Default against All Defendants by CHHJ Franchising L.L.C.. (Attachments: #1 Affidavit)(Faris, James) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 12 PROOF of service by CHHJ Franchising L.L.C. (Faris, James) |
| Filing 11 PROOF of service by CHHJ Franchising L.L.C. (Faris, James) |
| Filing 10 PROOF of service by CHHJ Franchising L.L.C. (Faris, James) |
| Filing 9 PROOF of service by CHHJ Franchising L.L.C. (Faris, James) |
| Filing 8 NOTICE of Lead Counsel Designation by James Faris on behalf of CHHJ Franchising L.L.C. Lead Counsel: James W. Faris. (Faris, James) Modified text on 3/5/2025 (GL). |
| Filing 7 Trademark Report electronically sent to the U.S. Patent and Trademark Office. (AM) |
| Filing 6 SUMMONS issued as to Jennifer Bates, John Bates, CRK Services, LLC, J Bates LLC. (AM) |
| Filing 5 NOTICE TO COUNSEL James Faris of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JVC) |
| Filing 4 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (DAY) |
| Filing 3 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Christopher P. Tuite. New case number: 8:25-cv-490-SDM-CPT. (RPB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by CHHJ Franchising L.L.C. identifying Corporate Parent CHHJ Midco LLC, Corporate Parent CHHJ Holdings LLC, Corporate Parent Friedman & Soliman Enterprises LLC, Corporate Parent Susquehanna Private Capital Global Fund II, LLLP for CHHJ Franchising L.L.C.. (Faris, James) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-23075883) filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons)(Faris, James) |
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