Happy Tax Holding Corp. et al v. Hill et al
| Happy Tax Holding Corporation, Happy Tax Brands, LLC, Monica Poirier, Happy Tax Franchising, LLC and Mario Costanz |
| Tricia Drago, Jamey Hill, Johnnie Jemel Mainer-Smith, Bottom Line Tax Service LLC, Sean McDonald, Banyan Accounting, LLC, Chad Greene, The J.L. Hill Group, LLC and Does 1 through 20, inclusive |
| 1:2019cv24552 |
| November 4, 2019 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| Jose E Martinez |
| Federico A Moreno |
| Contract: Franchise |
| 15 U.S.C. § 1125 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 31, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 50
PAPERLESS ORDER granting #48 Defendants' Unopposed Renewed Motion for Enlargement of Time to Respond to the Plaintiffs' Complaint. Defendants Jamey Hill, The JL Hill Group LLC, Tricia Drago, Banyan Accounting, LLC, and Sean McDonald, shall jointly respond to the Complaint by January 31, 2020. Signed by Magistrate Judge Lauren Fleischer Louis on 12/31/2019. (agn)
|
| Filing 49 NOTICE of Voluntary Dismissal Without Prejudice by Monica Poirier (Berman, Jeffrey) |
| Filing 48 Unopposed MOTION for Extension of Time Respond to Complaint Through January 31, 2020 re 47 Order on Motion for Extension of Time, #46 MOTION for Extension of Time Enlargement of Time to Respond to Plaintiff's Complaint Through January 31, 2020 re #45 Order on Motion to Expedite,, Order on Motion for Miscellaneous Relief,, Order on Motion for Extension of Time to Fil by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC. Responses due by 1/10/2020 (Simpson, Lonnie) |
|
Filing 47
PAPERLESS ORDER denying without prejudice #46 Defendants' Motion for Enlargement of Time to Respond to the Plaintiff's Complaint for failure to comply with Local Rule 7.1(a)(3). The Motion certifies that counsel's single email attempt at conferral went unanswered. A single unanswered email does not amount to good faith conferral, accordingly, the Motion must be denied. Signed by Magistrate Judge Lauren Fleischer Louis on 12/27/2019. (agn)
|
| Filing 46 MOTION for Extension of Time Enlargement of Time to Respond to Plaintiff's Complaint Through January 31, 2020 re #45 Order on Motion to Expedite,, Order on Motion for Miscellaneous Relief,, Order on Motion for Extension of Time to File Response/Reply/Answer,, Order on Motion for Clarification, by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC. Responses due by 1/10/2020 (Simpson, Lonnie) |
|
Filing 45
ORDER on #25 , #33 , #36 , and #37 . The Clerk of the Court is directed to mail a copy of this Order and docket entry to pro se Defendant Chad Greene. Signed by Magistrate Judge Lauren Fleischer Louis on 12/20/2019. See attached document for full details. (agn)
|
| Filing 44 MOTION to Withdraw as Attorney by Kerry A. Brennan for / by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier. Responses due by 12/31/2019 (Attachments: #1 Text of Proposed Order)(Berman, Jeffrey) |
| Filing 43 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Status Conference held on 12/11/2019. Written order to follow. Attorney Appearance(s): Jeffrey Michael Berman, Lonnie Lloyd Simpson, Adam Gruder Wasch. Pro se Defendant Chad Greene telephonically appeared at this hearing. Total time in court: 30 minutes. (Digital 09:59:09) (aw) |
|
Filing 42
ORDER TO FILE PROOF OF SERVICE. Signed by Magistrate Judge Lauren Fleischer Louis on 12/10/2019. See attached document for full details. (agn)
|
|
Filing 41
PAPERLESS ORDER Setting Status Conference. A Status Conference is set for December 11, 2019 at 10:00 a.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Pro se Defendant, Chad Greene is permitted to appear telephonically at that hearing by using the following dial-in information: 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign and enter security code 5710 followed by the (#) sign. Plaintiffs' Counsel is directed to forward this docket entry to pro se Defendant Chad Greene. Signed by Magistrate Judge Lauren Fleischer Louis on 12/10/2019. (aw) Modified on 12/10/2019 to correct text changing Defense counsel to Plaintiffs' counsel (aw).
|
|
Filing 40
ORDER OF REFERRAL TO MAGISTRATE JUDGE LOUIS FOR ALL PRETRIAL PROCEEDINGS. Signed by Judge Robert N. Scola, Jr for Judge Federico A. Moreno on 12/5/2019. See attached document for full details. (mmd)
|
|
Filing 39
PAPERLESS Order Cancelling Status Conference set for December 3, 2019. Signed by Judge Federico A. Moreno on 12/2/2019. (mmc)
|
| Filing 38 Clerks Notice to Filer re #36 Defendant's MOTION for Extension of Time to respond to complaint re #1 Complaint,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 37 MOTION for clarification 35 Order Setting Status Conference, 32 Order on Motion to Continue, by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier. Responses due by 12/10/2019 (Berman, Jeffrey) |
| Filing 36 Defendant's Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Jamey Hill. Responses due by 12/10/2019 (Simpson, Lonnie) Modified Relief on 11/27/2019 (ls). |
|
Filing 35
PAPERLESS ORDER Setting Status Conference: Status Conference, not an evidentiary hearing,is set for 12/3/2019 at 03:30 PM before Judge Federico A. Moreno, Wilkie D. Ferguson Courthouse, Courtroom 13-3. Signed by Judge Federico A. Moreno on 11/25/2019. (mmd)
|
|
Filing 34
ORDER TRANSFERRING CASE to Judge Federico A. Moreno and Magistrate Judge Lauren Fleischer Louis for all further proceedings, accepted and signed on 11/25/2019. Judge Jose E. Martinez no longer assigned to case. Signed by Judge Jose E. Martinez on 11/25/2019. See attached document for full details. (mmd)
|
| Filing 33 MOTION to Modify Nov 4 Order Requiring Parties to Meet and File Conference Report re #6 Order Requiring Joint Scheduling Report by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC. (Attachments: #1 Exhibit)(Simpson, Lonnie) |
|
Filing 32
PAPERLESS ORDER granting #28 Defendants' Motion to Continue November 27, 2019 Hearing. Preliminary Injunction Hearing reset for 12/3/2019 03:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/22/2019. (kml)
|
| Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement by Bottom Line Tax Service LLC, Johnnie Jemel Mainer-Smith (Wasch, Adam) |
| Filing 30 Certificate of Other Affiliates/Corporate Disclosure Statement by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier (Berman, Jeffrey) |
| Filing 29 CERTIFICATE of Counsel re #28 Defendant's MOTION to Continue Nov. 27, 2019 Hearing re 26 Order on Motion to Continue,, Amended S.D. FLA. Local Rul 7.1(a)(3) Certification for Defendant's Motion to Continue November 27, 2019 Hearing by Lonnie Lloyd Simpson on behalf of Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC (Simpson, Lonnie) |
| Filing 28 Defendant's MOTION to Continue Nov. 27, 2019 Hearing re 26 Order on Motion to Continue,, by Jamey Hill. Responses due by 12/4/2019 (Simpson, Lonnie) |
| Filing 27 MOTION to Vacate #7 Order on Expedited Motion, by Bottom Line Tax Service LLC, Johnnie Jemel Mainer-Smith. Responses due by 12/4/2019 (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(Wasch, Adam) |
|
Filing 26
PAPERLESS ORDER granting #19 Plaintiffs' Motion for Brief Continuance of Preliminary Injunction Hearing and Motion to Extend Temporary Restraining Order. The Court finds good cause exists to continue the preliminary injunction hearing previously set for November 21, 2019, as well as an extension of the TRO. Because Defendants assert that they are not in fact performing any of the acts they are enjoined from, the Court finds they will not be unduly burdened by such an extension. See ECF No. #22 at paragraph 5. Preliminary Injunction Hearing reset for 11/27/2019 01:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/20/2019. (kml)
|
| Filing 25 MOTION to Expedite Discovery by Mario Costanz, Happy Tax Brands, LLC, Monica Poirier. (Berman, Jeffrey) |
| Filing 24 RESPONSE in Opposition re #19 MOTION to Continue Preliminary Injunction Hearing re 17 Order Setting/Cancelling Hearing, 18 Order,, Set/Reset Hearings, MOTION Extend Temporary Restraining Order re #7 Order on Expedited Motion, filed by Bottom Line Tax Service LLC, Johnnie Jemel Mainer-Smith. Replies due by 11/27/2019. (Wasch, Adam) |
| Filing 23 RESPONSE in Support re #19 MOTION to Continue Preliminary Injunction Hearing re 17 Order Setting/Cancelling Hearing, 18 Order,, Set/Reset Hearings, MOTION Extend Temporary Restraining Order re #7 Order on Expedited Motion, filed by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier. (Berman, Jeffrey) |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Continue Preliminary Injunction Hearing re 17 Order Setting/Cancelling Hearing, 18 Order,, Set/Reset Hearings, MOTION Extend Temporary Restraining Order re #7 Order on Expedited Motion, and Motion to Dissolve Temporary Restraining Order filed by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC. Replies due by 11/27/2019. (Attachments: #1 Exhibit)(Simpson, Lonnie) |
| Filing 21 Certificate of Other Affiliates by Jamey Hill (Simpson, Lonnie) |
|
Filing 20
PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #19 Plaintiffs' Motion to Continue Preliminary Injunction Hearing and Motion to Extend Temporary Restraining Order. Defendants shall file a response by the close of business on November 20, 2019 . Signed by Judge Jose E. Martinez on 11/19/2019. (kml)
|
| Filing 19 MOTION to Continue Preliminary Injunction Hearing and Motion to Extend Temporary Restraining Order re 17 Order Setting/Cancelling Hearing, 18 Order,, Set/Reset Hearings, ( Responses due by 12/3/2019), MOTION Extend Temporary Restraining Order re #7 Order on Expedited Motion, by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier. (Attachments: #1 Text of Proposed Order Proposed Order)(Berman, Jeffrey) Modified text on 11/19/2019 (kpe). |
|
Filing 18
PAPERLESS ORDER RESETTING re 16 Preliminary Injunction Hearing set for 11/20/2019. Preliminary Injunction Hearing reset for 11/21/2019 02:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/19/2019. (wh)
|
|
Filing 17
PAPERLESS Order Cancelling Preliminary Injunction Hearing set for 11/20/2019 at 2:30 PM before Judge Martinez. The Preliminary Injunction Hearing is reset for 11/21/2019 at 2:30 PM before Judge Martinez. Signed by Judge Jose E. Martinez on 11/19/2019. (kml)
|
| Set Deadlines per DE 20 Order as to #19 MOTION to Continue Preliminary Injunction Hearing. Responses due by 11/20/2019. (kpe) |
|
Filing 16
PAPERLESS ORDER re #7 Order on Expedited Motion. Order Cancelling Preliminary Injunction Hearing set for 11/14/2019 @ 2:30pm before Judge Jose E. Martinez. Preliminary Injunction Hearing reset for 11/20/2019 02:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/13/2019. (wh)
|
| Filing 15 NOTICE by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC re #7 Order on Expedited Motion, Notice of Filing Declaration of Kasey A. Feltner for November 14, 2019 Injunction Hearing (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Simpson, Lonnie) |
| Filing 14 NOTICE by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC Notice of Related Actions (Simpson, Lonnie) |
| Filing 13 NOTICE by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC re #7 Order on Expedited Motion, Defendants' Request for Judicial Notice for November 14, 2019 Injunction Hearing (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Simpson, Lonnie) |
| Filing 12 NOTICE by Bottom Line Tax Service LLC, Johnnie Jemel Mainer-Smith re #7 Order on Expedited Motion, of Filing Declaration of Johnnie Jemel Mainer-Smith. Attorney Adam Gruder Wasch added to party Bottom Line Tax Service LLC(pty:dft), Attorney Adam Gruder Wasch added to party Johnnie Jemel Mainer-Smith(pty:dft). (Attachments: #1 Affidavit) (Wasch, Adam) |
| Filing 11 NOTICE of Filing Declaration by Banyan Accounting, LLC, Tricia Drago, Jamey Hill, Sean McDonald, The J.L. Hill Group, LLC re #7 Order on Expedited Motion, . Attorney Lonnie Lloyd Simpson added to party Banyan Accounting, LLC(pty:dft), Attorney Lonnie Lloyd Simpson added to party Tricia Drago(pty:dft), Attorney Lonnie Lloyd Simpson added to party Jamey Hill(pty:dft), Attorney Lonnie Lloyd Simpson added to party Sean McDonald(pty:dft), Attorney Lonnie Lloyd Simpson added to party The J.L. Hill Group, LLC(pty:dft). (Simpson, Lonnie) Modified text on 11/8/2019 (kpe). |
|
Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kerry A. Brennan. Signed by Judge Jose E. Martinez on 11/8/2019. See attached document for full details. (kpe)
|
| Filing 9 RESPONSE to Order on Plaintiffs' Expedited Motion for Temporary Restraining Order re #7 Order, by Chad Greene. (kpe) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kerry A. Brennan, Esq.. Filing Fee $ 75.00 Receipt # 113C-12124988 by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier. Responses due by 11/20/2019 (Attachments: #1 Certification, #2 Text of Proposed Order)(Berman, Jeffrey) |
|
Filing 7
ORDER granting Plaintiffs' #5 Expedited Motion for Temporary Restraining Order. Preliminary Injunction Hearing set for 11/14/2019 02:30 PM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 11/5/2019. See attached document for full details. (kpe)
|
|
Filing 6
Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 11/4/2019. See attached document for full details. (dq)
|
| Filing 5 Plaintiff's EXPEDITED MOTION temporary restraining order enjoing defamation re #1 Complaint,, by Mario Costanz, Happy Tax Brands, LLC, Happy Tax Franchising, LLC, Happy Tax Holding Corporation, Monica Poirier. (Attachments: #1 Exhibit Proposed Order)(Berman, Jeffrey) |
| Filing 4 Summons Issued as to Banyan Accounting, LLC, Bottom Line Tax Service LLC, Tricia Drago, Chad Greene, Jamey Hill, Johnnie Jemel Mainer-Smith, Sean McDonald, The J.L. Hill Group, LLC. (kpe) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 COMPLAINT against Banyan Accounting, LLC, Bottom Line Tax Service LLC, Does 1 through 20, inclusive, Tricia Drago, Chad Greene, Jamey Hill, Johnnie Jemel Mainer-Smith, Sean McDonald, The J.L. Hill Group, LLC. Filing fees $ 400.00 receipt number 113C-12117661, filed by Happy Tax Brands, LLC, Happy Tax Holdings Corporation, Mario Costanz, Happy Tax Franchising, LLC, Monica Poirier. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s))(Berman, Jeffrey) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
