Consolidated Burger Holdings, LLC et al v. Burger King Corporation
| Consolidated Burger Holdings, LLC, Consolidated Burger B, LLC and Consolidated Burger A, LLC |
| Burger King Corporation |
| Parent Consolidated Burger Holdings, LLC and Lee Baugher |
| 1:2023cv24419 |
| November 20, 2023 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Jose E Martinez |
| Eduardo I Sanchez |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
PAPERLESS ORDER granting #26 Motion for Extension of Time. Plaintiffs shall respond to BKC's Amended Counterclaim on or before January 29, 2024. Signed by Judge Jose E. Martinez on 1/17/2024. (kin)
|
| Filing 30 Clerk's Notice to Filer re #26 Agreed MOTION for Extension of Time to file response to Amended Counterclaim . Filer Selected the Wrong Motion Relief(s); 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 29 Amended MOTION for Preliminary Injunction and Supporting Memorandum of Law by Burger King Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Joblove, Michael) |
| Filing 28 MEMORANDUM of Law on Subject Matter Jurisdiction by Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC. (Patel, Himanshu) |
| Filing 27 MEMORANDUM of Law Regarding Subject Matter Jurisdiction by Burger King Corporation. (Joblove, Michael) |
| Filing 26 Agreed Motion for Extension of Time to File Response/Reply/Answer as to #20 Amended ANSWER and Affirmative Defenses to Complaint and, Amended COUNTERCLAIM by Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC. Responses due by 1/30/2024. (Attachments: #1 Text of Proposed Order)(Patel, Himanshu) Modified Relief on 1/17/2024 (ls). |
| Status Conference re: #18 Defendant's Motion for Preliminary Injunction held on 1/11/2024 per docket entry #25. (kan) |
|
Filing 25
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Eduardo I. Sanchez: Status Conference re: #18 Defendant's Motion for Preliminary Injunction held on 1/11/2024. Total time in court: 33 minutes. Attorney Appearance(s): Michael D Joblove, Elizabeth Grace McIntosh, Himanshu M. Patel, Roberto Zarco, Michael Daniel Braunstein. (Digital zoom E.I.S. 16:34:44) MINUTE ORDER: In accordance with the Courts rulings at the January 11, 2024 status hearing in this matter, it is ORDERED AND ADJUDGED that: On or before Tuesday, January 16, 2024, the parties shall file memoranda (not to exceed 10 pages) addressing whether this Court has subject matter jurisdiction over this action; and On or before Monday, January 22, 2024, the parties shall confer and file their proposal(s) concerning the expedited discovery that Plaintiffs requested as necessary for the evidentiary hearing on the #18 Defendants Motion for Preliminary Injunction.This matter is scheduled for an Evidentiary Hearing on the Defendants Motion for Preliminary Injunction, to commence at 10:00 am on March 5, 2024, at the C. Clyde Atkins United States Courthouse, 6th Floor Courtroom, 301 N. Miami Avenue, Miami, FL 33128 before Magistrate Judge Eduardo I. Sanchez. Signed by Magistrate Judge Eduardo I. Sanchez on 1/11/2024.
|
|
Filing 24
PAPERLESS ORDER setting Status Hearing for 1/11/2024 04:30 PM on Zoom in Miami Division before Magistrate Judge Eduardo I. Sanchez on #18 Defendant's Motion for Preliminary Injunction and Supporting Memorandum of Law. The login information for the Zoom hearing will be emailed to counsel of record before the hearing. Signed by Magistrate Judge Eduardo I. Sanchez on 1/9/2024. (dpi)
|
| Filing 23 SUMMONS (Affidavit) Returned Executed on #10 Answer to Amended Complaint,, Counterclaim, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Burger King Corporation(A Florida Corporation). Lee Baugher served on 1/6/2024, response/answer due 1/29/2024. (McIntosh, Elizabeth) |
|
Filing 22
ORDER OF REFERENCE TO MAGISTRATE JUDGE. REFERRING #18 Defendant's MOTION for Preliminary Injunction and Supporting Memorandum of Law MOTION for Hearing filed by Burger King Corporation. Motions referred to Judge Eduardo I. Sanchez. Signed by Judge Jose E. Martinez on 1/4/2024. See attached document for full details. (nwn)
|
| Filing 21 Clerk's Notice to Filer re #20 Answer to Complaint,, Counterclaim,. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the amended counter claim. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional party. (Counter Plaintiff-Burger King Company, LLC was not added by attorney) (drz) |
| Filing 20 Amended ANSWER and Affirmative Defenses to Complaint Plaintiffs' First Amended Complaint and, Amended COUNTERCLAIM against Lee Baugher, Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC, Parent Consolidated Burger Holdings, LLC by Burger King Corporation. (Joblove, Michael) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #10 Answer to Amended Complaint,, Counterclaim, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Burger King Corporation. Parent Consolidated Burger Holdings, LLC served on 1/2/2024, response/answer due 1/23/2024. (McIntosh, Elizabeth) |
| Filing 18 Defendant's MOTION for Preliminary Injunction and Supporting Memorandum of Law, MOTION for Hearing by Burger King Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Joblove, Michael) |
| Filing 17 Summons Issued as to Parent Consolidated Burger Holdings, LLC. (cqs) |
| Filing 16 Summons Issued as to Lee Baugher. (cqs) |
| Filing 15 NOTICE of Filing Proposed Summons(es) to Parent Consolidated Burger Holdings, LLC by Burger King Corporation (McIntosh, Elizabeth) |
| Filing 14 NOTICE of Filing Proposed Summons(es) to Lee Baugher by Burger King Corporation (McIntosh, Elizabeth) |
| Filing 13 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) NOT issued for the following reasons. Parties being Summoned are a Third Party. The AO 441 Form needs to be used by attorney. (drz) |
| Filing 12 NOTICE of Filing Proposed Summons(es) to Lee Baugher by Burger King Corporation (McIntosh, Elizabeth) |
| Filing 11 NOTICE of Filing Proposed Summons(es) to Parent Consolidated Burger Holdings LLC by Burger King Corporation (McIntosh, Elizabeth) |
| Filing 10 Defendant Burger King Company LLC's ANSWER and Affirmative Defenses to Amended Complaint , Defendant's COUNTERCLAIM against Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC, Parent Consolidated Burger Holdings, LLC, Lee Baugher by Burger King Corporation. (Joblove, Michael) |
|
Filing 9
ORDER OF RECUSAL. Judge Joan A. Lenard recused. Case reassigned to Judge Jose E. Martinez for all further proceedings Signed by Judge Joan A. Lenard on 12/8/2023. See attached document for full details. (jc)
|
| Filing 8 Notice of Entry of Parties Listed on #6 Amended Complaint/Amended Notice of Removal, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Consolidated Burger A, LLC and Consolidated Burger A, LLC.. Attorney Himanshu M. Patel added to party Consolidated Burger A, LLC(pty:pla). (Patel, Himanshu) |
| Filing 7 Clerk's Notice to Filer re #6 Amended Complaint. Parties/ Not Added; ERROR - The Filer failed to add all parties from the complaint(CONSOLIDATED BURGER A, LLC,:A Delaware Limited Liability Company) (cqs) |
| Filing 6 First AMENDED COMPLAINT for Damages, Injunctive Relief and Demand for Jury Trial against Burger King Corporation, filed by Consolidated Burger Holdings, LLC, Consolidated Burger B, 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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Patel, Himanshu) |
| Filing 5 NOTICE of Attorney Appearance by Elizabeth Grace McIntosh on behalf of Burger King Corporation. Attorney Elizabeth Grace McIntosh added to party Burger King Corporation(pty:dft). (McIntosh, Elizabeth) |
| Filing 4 NOTICE of Attorney Appearance by Michael D Joblove on behalf of Burger King Corporation. Attorney Michael D Joblove added to party Burger King Corporation(pty:dft). (Joblove, Michael) |
| Filing 3 Summons Issued as to Burger King Corporation. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (nwn) |
| Filing 1 COMPLAINT against Burger King Corporation. Filing fees $ 402.00 receipt number AFLSDC-17086518, filed by Consolidated Burger Holdings, LLC, Consolidated Burger B, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet, #8 Summon(s) Burger King Corporation)(Zarco, Roberto) |
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.
