Massey, Inc. et al v. Moe's Southwest Grill, LLC et al
| Massey, Inc., Richard Brown, Angela Brown, Fusion Foods of Tennessee, Inc., Terry Delley, Sylvia Delley, Moe's Chattanooga, LLC, Rounding Third, LLC, James D. Killingsworth, Barco Grills, LLC, Ray Orgera, Elizabeth M. Orgera, Moe's Midwest, LLC, Edward Tronis, Parde Roswell, LLC, Parde, LLC, JSW Embry Village, LLC, JSW Cascade, LLC, Steven Walker, Scott Walker, The Jimmy Legs Group, LLC, TIP II Ansley, LLC, TIP II-Suburban, LLC, #3 Moe, LLC, 4 Moe's LLC, #5 Moe's, LLC, 3M Restaurants, LLC and Moe's Brothers Ventures, Inc. |
| Moe's Southwest Grill, LLC, Raving Brand Holdings, Inc., Raving Brands, Inc., H. Martin Sprock, III, Corporate John Does X, Y, Z and Individual John Does A, B and C |
| Moe's Southwest Grill, LLC, Raving Brand Holdings, Inc., Raving Brands, Inc. and H. Martin Sprock, III |
| Fusion Foods of Tennessee, Inc., Terry Delley, Moe's Chattanooga, LLC, Ray Orgera, Edward Tronis, JSW Embry Village, LLC, Steven Walker, Scott Walker and The Jimmy Legs Group, LLC |
| Robert Dreesch, Steven Egan-Fowler, Brad Dunning, Ray Orgera, Rod Roell, Moe's Southwest Grill, LLC, Raving Brand Holdings, Inc., Raving Brands, Inc., H. Martin Sprock, III, Corporate John Does X, Y, Z and Individual John Does A, B and C |
| Moe's Southwest Grill, LLC, Raving Brand Holdings, Inc., Raving Brands, Inc., H. Martin Sprock, III, Fusion Foods of Tennessee, Inc., Terry Delley, Moe's Chattanooga, LLC, Ray Orgera, Edward Tronis, JSW Embry Village, LLC, Steven Walker, Scott Walker, The Jimmy Legs Group, LLC, Robert Dreesch, Steven Egan-Fowler, Brad Dunning and Rod Roell |
| 1:2007cv00741 |
| March 30, 2007 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Richard W. Story |
| Contract: Franchise |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
620
ORDER: As modified, Defendants' total bill of costs amounts to $49,808.69. Having sustained Plaintiffs' objection to $5,985.25 of this amount, the Court AWARDS Defendants costs in the amount of $43,823.44. Signed by Judge Richard W. Story on 10/5/2015. (cem)
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Filing
599
ORDER: This case came before the Court for a bench trial beginning January 12, 2015. After reviewing the record and considering the evidence and arguments of counsel, the Court finds in favor of Defendants and hereby ORDERS that JUDGMENT be entered in favor of Defendants and against Plaintiffs. Signed by Judge Richard W. Story on 2/3/2015. (cem)
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Filing
501
ORDER denying Plaintiffs' 435 Motion for Reconsideration as to Court's Order on Spoliation Evidence, the Walkers' 440 Motion for Reconsideration as to Damages Claims of Scott Walker and Steven Walker is DENIED, and the Walkers' 441 Motion to Amend to Join JSW Cascade, LLC as a Party Plaintiff is GRANTED. Signed by Judge Richard W. Story on 7/1/2014. (cem)
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Filing
432
ORDER granting Defendants' 347 Motion to Exclude Spoliage Evidence. Defendants' Motion for Summary Judgment as to Damages Claims of Scott and Steven Walker 349 is GRANTED, Defendants' Motion for Summary Judgment as to Damages Clai ms of the Orgeras 350 is DENIED, Defendants' Motion for Summary Judgment as to Damages Analyses Relying Upon Previously-Undisclosed Documents 351 is DENIED, Defendants' Renewed Motion for Attorneys' Fees 369 is DENIED, Defendants ' Motion to Compel Payment of Expert Fees 392 is GRANTED, Defendants' Objection to the Golding Affidavit is SUSTAINED, Defendants' Motion to Strike Affidavit of Kevin Golding 394 is DENIED, AS MOOT, Plaintiffs' Motion to Withd raw as Counsel for Plaintiffs Scott Walker, Stephen Walker, JSW Embry Village, LLC, and JSW Cascade, LLC 400 is GRANTED, Plaintiffs' Motion to Strike Bill of Cost 402 is GRANTED, Plaintiffs' Motion for Leave to File Surreply 423 is GRANTED. Signed by Judge Richard W. Story on 11/26/2013. (cem)
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Filing
367
ORDER granting Movant's 337 Motion for Rule 54(b) Certification. The Clerk is ORDERED to enter final judgment in favor of Defendants and against Plaintiffs David Titshaw; Taylor Investment Partners II, LLC d/b/a Tip II Ansley, LLC and Tip II Suburban, LLC; Rounding Third, LLC; 3M Restaurants, LLC; and The Jimmy Legs Group, LLC. Signed by Judge Richard W. Story on 5/8/2013. (cem)
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Filing
339
ORDER denying as untimely 286 Motion for Attorney Fees. Defendants may re-file a motion for attorneys' fees when this action has been resolved as to all Plaintiffs. Signed by Judge Richard W. Story on 12/21/2012. (bdb)
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Filing
321
ORDER denying Plaintiffs' 292 Motion for Reconsideration. Signed by Judge Richard W. Story on 8/3/12. (cem)
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Filing
285
ORDER: Defendants' Motion for Summary Judgment as to Moe's Bros., LLC 175 is GRANTED and Plaintiff Moe's Bros., LLC's Motion to Reinsert Moe's Brother's Ventures Inc. In Lieu of Nominal Plaintiff Moe's Bros., LLC 196 is DENIED. As well, Defendant Moe's Southwest Grill, LLC's Motion for Summary Judgment as to Counts I-III 199 is GRANTED, in part and DENIED, in part. Defendant Moe's Southwest Grill, LLC's Motion for Summary Judgment as t o Pre-August 28, 2002 UFOC Recipients 200 , Defendants Moe's Southwest Grill, LLC, Moe's Southwest Holding, LLC, Raving Brand Holdings, Inc., Raving Brands, Inc. H. Martin Sprock, III's Motion for Summary Judgment as to All Claims for Damages, and in the Alternative, Partial Summary Judgment as to Fraud and Georgia RICO Claims 209 , and Plaintiffs' Motion for Partial Summary Judgment as to Counts II & III 210 are DENIED. Defendants Moe's Southwest Grill, LLC, Moe 9;s Southwest Holding, LLC, Raving Brand Holdings, Inc., H. Martin Sprock, III's Motion for Summary Judgment as to Edward Tronnes 203 and Defendants Moe's Southwest Grill, LLC, Moe's Southwest Holding, LLC, Raving Brand Holdings, Inc ., Raving Brands, Inc., H. Martin Sprock, III's Motion for Summary Judgment as to IIED 208 are GRANTED. Following these motions, the following Plaintiffs' claims are dismissed: Rounding Third, LLC; The Jimmy Legs Group, LLC; 3M Restauran ts, LLC; Edwards Tronnes; Taylor Investment Partners, II; David Titshaw; Moe's Bros. LLC; CCM Restaurants, LLC; JFM Restaurants, LLC; SMI Restaurants, LLC; Moe's Brunswick, LLC; Brian Ferris; and, John McKeown. The remaining parties are directed to file a joint proposed pre-trial order within 30 days. Signed by Judge Richard W. Story on 4/17/12. (cem)
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Filing
147
CONSENT ORDER regarding modification to scope of subpoenas and Order granting 126 Plaintiffs' Motion to compel discovery from certain non-party suppliers relating to post-sale documents. Signed by Judge Richard W. Story on 1/20/11. (cem)
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Filing
112
ORDER granting in part and denying in part Defendants' 96 Motion to Dismiss. The Motion is GRANTED as to Counts VI, VIII, X, and XI. The Motion is DENIED as to Counts I, II, III, IV, V, VII, and IX. Therefore, Counts VI, VIII, X, and XI of Pl aintiffs' Second Amended Complaint are DISMISSED. The parties shall confer in an effort to agree on a scheduling order governing discovery. In the event the parties are unable to submit a consent order by January 15, 2010, each party shall submit a proposed scheduling order to the Court by that date. Discovery shall then proceed in accordance with the Court's order. Signed by Judge Richard W. Story on 12/21/09. (dfb)
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Filing
69
ORDER GRANTING in part and DENYING in part 33 Motion for Judgment on the Pleadings. The Motion is DENIED as to Counts II and III and GRANTED as to Count VII. Defendant's 60 Motion for Oral Argument is GRANTED as to Defendants' 34 Mot ion to Consolidate for Mini-Trial and DENIED as to Defendants' 33 Motion for Judgment on the Pleadings. Evidentiary Hearing set for Tuesday, 10/28/2008, at 2:30 PM in ATLA Courtroom 2105 before Judge Richard W. Story. Signed by Judge Richard W. Story on 10/24/2008. (sjk)
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Filing
68
ORDER DENYING 50 Motion to Compel. The parties are ORDERED to comply with the terms of this Order. The discovery period is EXTENDED until 50 days after the issue date of this Order. Signed by Judge Richard W. Story on 10/9/2008. (sjk)
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