SMOOTHIE KING FRANCHISES INC v. FIRSTFRUITS VALDOSTA LLC et al
Plaintiff: Smoothie King Franchises, Inc. and SMOOTHIE KING FRANCHISES INC
Defendant: Jeremy Pate, Firstfruits Thomasville, LLC, Firstfruits Valdosta, LLC, Firstfruits Tifton, LLC, FIRSTFRUITS TIFTON LLC and FIRSTFRUITS VALDOSTA LLC
Case Number: 7:2020cv00036
Filed: March 6, 2020
Court: US District Court for the Middle District of Georgia
Presiding Judge: HUGH LAWSON
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2020 Filing 18 MOTION for Default Judgment as to Defendants FirstFruits Valdosta, LLC, FirstFruits Tifton, LLC, FirstFruits Thomasville, LLC, and Jeremy Pate. by SMOOTHIE KING FRANCHISES INC filed by JOHN P JETT. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Declaration of Kevin King, #3 Exhibit B - Declaration of Deborah S. Coldwell, #4 Exhibit C - Declaration of Christopher P. Bussert, #5 Proposed Order)(JETT, JOHN)
April 8, 2020 CLERK'S ENTRY OF DEFAULT as to FIRSTFRUITS THOMASVILLE, LLC, FIRSTFRUITS TIFTON LLC, FIRSTFRUITS VALDOSTA LLC, JEREMY PATE - Plaintiff shall file a motion for default judgment within 21 days. The motion for default judgment shall state whether a hearing is necessary to determine damages, and if a hearing is not necessary, the motion shall include all evidence supporting the damages sought in the motion and a proposed order granting the motion. Failure to comply with this notice may result in this action being dismissed for failure to prosecute. (rlw)
April 8, 2020 Filing 17 Application to Clerk for Entry of Default against FIRSTFRUITS THOMASVILLE, LLC, FIRSTFRUITS TIFTON LLC, FIRSTFRUITS VALDOSTA LLC, JEREMY PATE (Attachments: #1 Exhibit A - Proofs of Service)(WOODARD, TAYAH)
April 8, 2020 Notice of Deficiency (related document(s): #16 Motion for Entry of Default, filed by SMOOTHIE KING FRANCHISES INC ); Document must be re-filed using correct event - Application to Clerk for Entry of Default located under Other Filings - Other Documents. (rlw)
April 7, 2020 Filing 16 MOTION for Entry of Default as to FirstFruits Valdosta, LLC, FirstFruits Tifton, LLC, FirstFruits Thomasville, LLC, and Jeremy Pate by SMOOTHIE KING FRANCHISES INC filed by TAYAH WOODARD. (Attachments: #1 Exhibit A - Affidavits of Service)(WOODARD, TAYAH)
March 17, 2020 Filing 15 SUMMONS Returned Executed by SMOOTHIE KING FRANCHISES INC as to FIRSTFRUITS VALDOSTA LLC. (JETT, JOHN)
March 17, 2020 Filing 14 SUMMONS Returned Executed by SMOOTHIE KING FRANCHISES INC as to FIRSTFRUITS TIFTON LLC. (JETT, JOHN)
March 17, 2020 Filing 13 SUMMONS Returned Executed by SMOOTHIE KING FRANCHISES INC as to FIRSTFRUITS THOMASVILLE, LLC. (JETT, JOHN)
March 17, 2020 Filing 12 SUMMONS Returned Executed by SMOOTHIE KING FRANCHISES INC as to JEREMY PATE. (JETT, JOHN)
March 10, 2020 Opinion or Order Filing 11 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DALEY R EPSTEIN (nop)
March 9, 2020 Filing 10 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SMOOTHIE KING FRANCHISES INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3412091, $100. LOCAL COUNSEL Name and Georgia Bar #: Tayah Woodard 312548. (Attachments: #1 Certificate of Good Standing)(EPSTEIN, DALEY)
March 9, 2020 Filing 9 Summons Issued as to FIRSTFRUITS THOMASVILLE, LLC. (Attachments: #1 Summons issued for FirstFruits Tifton, LLC, #2 Summons issued for FirstFruits Valdosta, LLC, #3 Summons issued for Jeremy Pate)(rlw)
March 9, 2020 Opinion or Order Filing 8 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SALLY L DAHLSTROM, I (nop)
March 9, 2020 Filing 7 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SMOOTHIE KING FRANCHISES INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3411625, $100. LOCAL COUNSEL Name and Georgia Bar #: Tayah Woodard 312548. (Attachments: #1 Certificate of Good Standing)(DAHLSTROM, SALLY)
March 9, 2020 Opinion or Order Filing 6 Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DEBORAH S COLDWELL (nop)
March 9, 2020 Filing 5 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SMOOTHIE KING FRANCHISES INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3411250, $100. LOCAL COUNSEL Name and Georgia Bar #: Tayah Woodard 312548. (Attachments: #1 Certificate of Good Standing)(COLDWELL, DEBORAH)
March 9, 2020 Filing 4 Consent Form (28 USC 636(c)(1)) sent to SMOOTHIE KING FRANCHISES INC (rlw)
March 9, 2020 NOTICE TO COUNSEL DEBORAH S COLDWELL, SALLY L DAHLSTROM, DALEY R EPSTEIN - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (rlw)
March 9, 2020 Notice of Deficiency (related document(s): #1 Complaint,,, filed by SMOOTHIE KING FRANCHISES INC ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE. (rlw)
March 6, 2020 Filing 3 MOTION for Preliminary Injunction by Smoothie King Franchises, Inc. filed by TAYAH WOODARD. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(WOODARD, TAYAH)
March 6, 2020 Filing 2 Corporate Disclosure Statement by Smoothie King Franchises, Inc. identifying Corporate Parent SMOOTHIE KING SYSTEMS INC., Corporate Parent SK USA INC for Smoothie King Franchises, Inc.. (WOODARD, TAYAH)
March 6, 2020 Filing 1 COMPLAINT against Firstfruits Thomasville, LLC, Firstfruits Tifton, LLC, Firstfruits Valdosta, LLC, Jeremy Pate Fee paid: Receipt # AGAMDC-3410602, $400 filed by Smoothie King Franchises, Inc. (Attachments: #1 Exhibit A - Valdosta Franchise Agreement, #2 Exhibit B - Valdosta Transfer of Franchise Agreement, #3 Exhibit C - Valdosta Guaranty, #4 Exhibit D - Tifton Franchise Agreement, #5 Exhibit E - Tifton Transfer of Franchise Agreement, #6 Exhibit F - Tifton Guaranty, #7 Exhibit G - Thomasville Franchise Agreement, #8 Exhibit H - Thomasville Guaranty, #9 Exhibit I - Notice and Termination, #10 Exhibit J - Defendants change of address, #11 Exhibit K - Investigator's Report, #12 Summons to FirstFruits Thomasville, LLC, #13 Summons to FirstFruits Tifton, LLC, #14 Summons to FirstFruits Valdosta, LLC, #15 Summons to Jeremy Pate, #16 Civil Cover Sheet)(WOODARD, TAYAH)

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Plaintiff: Smoothie King Franchises, Inc.
Represented By: TAYAH WOODARD
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Plaintiff: SMOOTHIE KING FRANCHISES INC
Represented By: SALLY L DAHLSTROM, I
Represented By: DEBORAH S COLDWELL
Represented By: TAYAH WOODARD
Represented By: JOHN P JETT
Represented By: DALEY R EPSTEIN
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Defendant: Jeremy Pate
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Defendant: Firstfruits Thomasville, LLC
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Defendant: Firstfruits Valdosta, LLC
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Defendant: Firstfruits Tifton, LLC
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Defendant: FIRSTFRUITS TIFTON LLC
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Defendant: FIRSTFRUITS VALDOSTA LLC
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