Fat Tuesday Key West, L.P. et al v. 190 Octane Retail, LLC et al
| Fat Tuesday Key West, L.P., Millennium Southernmost, LLC and Millennium Management Group, Inc. |
| 190 Octane Retail, LLC, David Briggs Enterprises, LLC, 190 Octane Franchisor, LLC, Rhett Briggs, William Tyson Walker, Travis L. Briggs and David A. Briggs, Jr. |
| 4:2024cv10010 |
| February 4, 2024 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Trademark |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 Plaintiff's MOTION for Leave to File / Supplement the Record with Incorporated Memorandum of Law by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Order on Motion to Supplement)(Thomas, Donald) |
| Filing 49 REPLY to Response to Motion re #42 Defendant's MOTION for Leave to File Surreplies filed by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Fernandez, Brian) |
| Filing 48 Defendant's REPLY to Response to Motion re #22 Defendant's MOTION to Compel Arbitration or, in the Alternative, Motion to Dismiss filed by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Fernandez, Brian) |
| Filing 47 Defendant's REPLY to Response to Motion re #21 Defendant's MOTION to Change Venue to the Eastern District of Louisiana filed by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Attachments: #1 Exhibit)(Fernandez, Brian) |
| Set/Reset Deadlines/Hearings per DE 44 Order re #21 Defendant's MOTION to Change Venue to the Eastern District of Louisiana. Replies due by 4/1/2024. (amb) |
| Filing 46 RESPONSE to Motion re #42 Defendant's MOTION for Leave to File Surreplies and Incorporated Memorandum of Law filed by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. Replies due by 4/2/2024. (Thomas, Donald) |
Filing 45
PAPERLESS ORDER granting #43 Unopposed Motion for Extension of Time. Defendants, 190 Octane Retail, LLC, David Briggs Enterprises, LLC, and 190 Octane Franchisor, LLC shall file their reply in support of their #21 Motion to Transfer and #22 Motion to Compel Arbitration on or before April 1, 2024. This Court's previous 44 Order granting the extension is VACATED. Signed by Judge Jose E. Martinez on 3/26/2024. (jck)
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Filing 44
(VACATED per DE 45 Order) PAPERLESS ORDER granting #43 Unopposed Motion for Extension of Time. Defendants, 190 Octane Retail, LLC, David Briggs Enterprises, LLC, and 190 Octane Franchisor, LLC shall file their reply support of their #21 Motion to Transfer on or before April 1, 2024. Signed by Judge Jose E. Martinez on 3/26/2024. (jck) Text Modified on 3/27/2024 (amb).
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Motion to Transfer and Motion to Compel by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Fernandez, Brian) |
| Filing 42 Defendant's MOTION for Leave to File Surreplies by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Fernandez, Brian) |
| Filing 41 RESPONSE to Motion re #21 Defendant's MOTION to Change Venue to the Eastern District of Louisiana filed by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. Replies due by 3/28/2024. (Attachments: #1 Exhibit 1)(Thomas, Donald) |
| Filing 40 RESPONSE to Motion re #22 Defendant's MOTION to Compel Arbitration or, in the Alternative, Motion to Dismiss filed by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. Replies due by 3/28/2024. (Attachments: #1 Exhibit 1)(Thomas, Donald) |
| Filing 39 Clerk's Notice to Filer re #38 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Rhett Briggs, Travis L. Briggs, David A. Briggs, Jr., William Tyson Walker. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (jc) |
| Filing 38 Notice of Appearance Pro Hac Vice on Behalf of Defendants Rhett Briggs, William Tyson Walker, Travis L. Briggs, and David A. Briggs, Jr., (Fernandez, Brian) Modified text on 3/21/2024 (jc). |
| Filing 37 NOTICE of Attorney Appearance by Desislava K. Docheva on behalf of Rhett Briggs, Travis L. Briggs, David A. Briggs, Jr., William Tyson Walker. Attorney Desislava K. Docheva added to party Rhett Briggs(pty:dft), Attorney Desislava K. Docheva added to party Travis L. Briggs(pty:dft), Attorney Desislava K. Docheva added to party David A. Briggs, Jr.(pty:dft), Attorney Desislava K. Docheva added to party William Tyson Walker(pty:dft). (Docheva, Desislava) |
| Filing 36 NOTICE of Attorney Appearance by Brian William Fernandez on behalf of Rhett Briggs, Travis L. Briggs, David A. Briggs, Jr., William Tyson Walker. Attorney Brian William Fernandez added to party Rhett Briggs(pty:dft), Attorney Brian William Fernandez added to party Travis L. Briggs(pty:dft), Attorney Brian William Fernandez added to party David A. Briggs, Jr.(pty:dft), Attorney Brian William Fernandez added to party William Tyson Walker(pty:dft). (Fernandez, Brian) |
| Filing 35 Summons Issued as to Rhett Briggs, Travis L. Briggs, David A. Briggs, Jr., William Tyson Walker. (amb) |
| Filing 34 NOTICE of Filing Proposed Summons(es) for Travis Briggs, William Tyson Walker, Rhett Briggs, and David Briggs by Fat Tuesday Key West, L.P. (Attachments: #1 Summon(s) Summons for Travis Briggs, #2 Summon(s) Summons for William Tyson Walker, #3 Summon(s) Summons for Rhett Briggs, #4 Summon(s) Summons for David Briggs) (Thomas, Donald) |
| Filing 33 Amended REPLY to Response to Motion re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law filed by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. (Attachments: #1 Exhibit A)(Brombacher, Randolph) |
| Filing 32 Plaintiff's REPLY to Response to Motion re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law filed by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. (Attachments: #1 Exhibit A)(Brombacher, Randolph) |
| Filing 31 Plaintiff's REPLY to Response to Motion re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law, #15 Plaintiff's MOTION for Hearing re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law filed by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. (Attachments: #1 Exhibit A)(Brombacher, Randolph) |
| Set/Reset Deadlines/Hearings per DE 29 Order re #22 Defendant's MOTION to Compel Arbitration or, in the Alternative, Motion to Dismiss. Responses due by 3/21/2024. (amb) |
| Set/Reset Deadlines/Hearings per DE 30 Order re #21 Defendant's MOTION to Change Venue to the Eastern District of Louisiana. Responses due by 3/21/2024. (amb) |
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Filing 30
PAPERLESS ORDER granting #28 Unopposed Motion for Extension of Time. Plaintiffs shall respond to #21 Defendant's Motion to Change Venue to the Eastern District of Louisiana on or before March 21, 2024. Signed by Judge Jose E. Martinez on 3/6/2024. (jck)
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Filing 29
PAPERLESS ORDER granting #27 Unopposed Motion for Extension of Time. Plaintiffs shall respond to #22 Defendant's Motion to Compel Arbitration on or before March 21, 2024. Signed by Judge Jose E. Martinez on 3/6/2024. (jck)
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #21 Defendant's MOTION to Change Venue to the Eastern District of Louisiana by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. (Brombacher, Randolph) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 Defendant's MOTION to Compel Arbitration or, in the Alternative, Motion to Dismiss by Fat Tuesday Key West, L.P., Millennium Management Group, Inc.. (Brombacher, Randolph) |
| Filing 26 Defendant's NOTICE of Correction to Response in Opposition to Plaintiffs' Motion to Disqualify by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC re #24 Response in Opposition to Motion, (Fernandez, Brian) |
| Filing 25 RESPONSE in Opposition re #15 Plaintiff's MOTION for Hearing re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law filed by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Replies due by 3/8/2024. (Fernandez, Brian) |
| Filing 24 RESPONSE in Opposition re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law filed by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Replies due by 3/8/2024. (Attachments: #1 Affidavit John S. Hicks, #2 Affidavit Noah B. Kressler)(Fernandez, Brian) |
| Filing 23 CLERK'S NOTICE - PHV Attorney Steven F. Griffith, Jr. has been added to this case for party 190 Octane Franchisor, LLC; re #20 Notice for PHV Attorney to Receive Electronic Notification (pt) |
| Filing 22 Defendant's MOTION to Compel Arbitration or, in the Alternative, Motion to Dismiss by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Responses due by 3/11/2024. (Fernandez, Brian) |
| Filing 21 Defendant's MOTION to Change Venue to the Eastern District of Louisiana by 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Responses due by 3/11/2024. (Attachments: #1 Exhibit)(Fernandez, Brian) |
| Filing 20 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by 190 Octane Franchisor, LLC (Fernandez, Brian) |
| Filing 19 NOTICE of Attorney Appearance by Desislava K. Docheva on behalf of 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Attorney Desislava K. Docheva added to party 190 Octane Franchisor, LLC (pty:dft). (Docheva, Desislava) |
| Filing 18 NOTICE of Attorney Appearance by Brian William Fernandez on behalf of 190 Octane Franchisor, LLC, 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Attorney Brian William Fernandez added to party 190 Octane Franchisor, LLC (pty:dft). (Fernandez, Brian) |
| Filing 17 CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorney's PACER account for attorney Randolph Max Brombacher re #16 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 16 NOTICE of Change of Address, Email or Law Firm Name by Randolph Max Brombacher (Brombacher, Randolph) |
| Filing 15 Plaintiff's MOTION for Hearing re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC. (Attachments: #1 Exhibit A)(Brombacher, Randolph) |
| Filing 14 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC identifying Other Affiliate Jeffrey C. Gunther, Other Affiliate Sherry Cioffi, Other Affiliate J. Guy Revelle III, Other Affiliate Thomas Buzyniski, Other Affiliate Scott Marks, Other Affiliate J Guy Revelle IV, Other Affiliate Kerry Gunther, Other Affiliate Mark I Gibson, Other Affiliate Miles Manwaring, Other Affiliate Scott Wilkinson for Millennium Southernmost, LLC ; Other Affiliate J. Guy Revelle III, Other Affiliate Mark I Gibson for Millennium Management Group, Inc.; Other Affiliate JOSEPH A WALSH, Other Affiliate B&B Frozen Assets Inc, Other Affiliate Darlene Marks, Other Affiliate Gertrude Revelle, Other Affiliate J. Guy Revelle III, Other Affiliate John M May, Other Affiliate Patrick Marks, Other Affiliate Penelope May, Other Affiliate Thomas Buzyniski, Other Affiliate Patricia Buzyniski, Other Affiliate Robert B Shields, Other Affiliate Robert E Lee, Jr, Other Affiliate Sarah Reed Haugen, Other Affiliate Scott Marks, Other Affiliate Wayne Allen Hill, Other Affiliate John A Gibson, III, Other Affiliate John Marks, Other Affiliate Mary Howard for Fat Tuesday Key West, L.P. (Brombacher, Randolph) |
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Filing 13
PAPERLESS ORDER granting #12 Motion for Extension of Time. Defendants shall respond to the #9 Motion to Disqualify on or before March 1, 2024. Signed by Judge Jose E. Martinez on 2/16/2024. (jck)
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| Set/Reset Deadlines/Hearings per DE 13 Order re #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law. Responses due by 3/1/2024. (amb) |
| Filing 12 First MOTION for Extension of Time to File Response/Reply/Answer as to #9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law by 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Fernandez, Brian) |
| Filing 11 Amended NOTICE OF FILING OF FLORIDA STATE COURT ORDER IN SUPPORT OF PLAINTIFFS' MOTION TO DISQUALIFY by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC re #10 Notice (Other), (Attachments: #1 Exhibit A) (Brombacher, Randolph) |
| Filing 10 Plaintiff's NOTICE OF FILING FLORIDA STATE CIRCUIT COURT ORDER by Fat Tuesday Key West, L.P., Millennium Management Group, Inc., Millennium Southernmost, LLC re #1 Notice of Removal (State Court Complaint), (Attachments: #1 Exhibit A) (Brombacher, Randolph) |
| Filing 9 Plaintiff's MOTION to Disqualify Counsel and Incorporated Memorandum of Law by Fat Tuesday Key West, L.P., Millennium Management Group, Inc.. Responses due by 2/23/2024. (Attachments: #1 Exhibit Email from JA DeMeo, #2 Exhibit Request from Kressler to Reeds Lawyer, #3 Exhibit Recognition of Stock Ownership Millenium, #4 Exhibit Affidavit of Cioffi, #5 Exhibit Letter to Kressler, #6 Exhibit 11.13.23 Ltr to Kressler from D. Thomas, #7 Exhibit 11.16.23 Ltr from Hicks to Plt's Counsel, #8 Exhibit Affidavit of Gibson)(Thomas, Donald) |
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Filing 8
PAPERLESS ORDER granting #7 Motion for Extension of Time. Defendants 190 Octane Retail, LLC and David Briggs Enterprises, LLC shall respond to the Amended Complaint on or before February 26, 2024. Signed by Judge Jose E. Martinez on 2/7/2024. (jck)
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| Filing 7 MOTION for Extension of Time to File Response/Reply/Answer to Amended Complaint by 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Fernandez, Brian) |
| Filing 6 Corporate Disclosure Statement by 190 Octane Retail, LLC, David Briggs Enterprises, LLC identifying Corporate Parent 190 Octane Holdings LLC for 190 Octane Retail, LLC, David Briggs Enterprises, LLC (Fernandez, Brian) |
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Filing 5
PAPERLESS ORDER granting #3 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Steven F. Griffith Jr. Signed by Judge Jose E. Martinez on 2/5/2024. (jck)
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| Filing 3 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven F. Griffith Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17266591 by 190 Octane Retail, LLC, David Briggs Enterprises, LLC. Responses due by 2/20/2024. (Attachments: #1 Text of Proposed Order)(Fernandez, Brian) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc) |
| 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 Eduardo I. Sanchez 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Verified Amended Complaint) Filing fee $ 405.00 receipt number AFLSDC-17265779, filed by 190 Octane Retail, LLC, David Briggs Enterprises, LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Fernandez, Brian) (Amended Complaint see pg. 1 of attach.1, Verified Complaint pg.602, of attach.1, no Answer/Motion to Dismiss filed) Modified text on 2/5/2024 (pc). |
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