Chef Merito, Inc. v. Gonzalez et al
Plaintiff: Chef Merito, Inc.
Defendant: Carmen Gordillo, J&J Mexcol, LLC, Nelson Reyes, Mexcol Foods, Inc., Reyes Dist, LLC, Mexcol Distribution, LLC and Javier Gonzalez
Case Number: 1:2020cv01242
Filed: March 19, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: Trademark
Cause of Action: 28:1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2020 Filing 35 REPLY BRIEF re #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED filed by Chef Merito, Inc.. (Attachments: #1 Affidavit Declaration of William Pena, #2 Affidavit Declaration of Charles G. Smith)(Smith, Charles)
May 13, 2020 Filing 34 MOTION for Leave to File Sur-replyto Chef Merito's Reply in Support of its Emergency Motion for Temporary Restraining Order and Preliminary Injunction by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William)
May 8, 2020 Opinion or Order ORDER by docket entry only: Defendants Reyes Dist, LLC and Nelson Reyes filed a Reply to Response to Motion #32 , construed by the Court as a Sur-Reply. The rules of this Court do not permit the filing of a Sur-Reply as a matter of right without leave of Court. Accordingly, the Court DIRECTS Defendants Reyes Dist, LLC and Nelson Reyes to file a Motion for Leave to File Sur-Reply setting forth the reasons why the Court should consider their Sur-Reply filed on May 7, 2020. Entered by Judge Amy Totenberg on 05/08/2020. (hpc)
May 7, 2020 Filing 33 AFFIDAVIT re #32 Reply to Response to Motion Verification by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William)
May 7, 2020 Filing 32 RESPONSE to Reply re #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED filed by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William) Modified on 5/8/2020 to edit event text(bnp).
May 7, 2020 Submission of #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction to District Judge Amy Totenberg. (bnp)
May 6, 2020 Filing 31 NOTICE Of Filing of Amended Exhibit 5 To Defendants' Response To Plaintiff's Motion For Temporary Restraining Order by Javier Gonzalez, Carmen Gordillo, J&J Mexcol, LLC, Mexcol Distribution, LLC, Mexcol Foods, Inc. re #27 Response in Opposition to Motion,, (Attachments: #1 Exhibit 5 (Amended))(Weinstein, Michael) Modified on 5/7/2020 to edit event text (bnp).
May 6, 2020 Filing 30 REPLY to Response to Motion re #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED replying to Doc. 25 filed by Chef Merito, Inc.. (Buckley, Edward)
May 4, 2020 Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Javier Gonzalez's Counterclaim with Brief In Support by Chef Merito, Inc., Chef Merito, Inc.. (Attachments: #1 Brief in Support of Motion to Dismiss Javier Gonzalez's Counterclaim)(Buckley, Edward)
May 4, 2020 Opinion or Order Filing 28 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI)
May 1, 2020 Filing 27 RESPONSE in Opposition re #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED filed by Javier Gonzalez, Carmen Gordillo, J&J Mexcol, LLC, Mexcol Distribution, LLC, Mexcol Foods, Inc.. (Attachments: #1 Exhibit 1 - CA SOS, #2 Exhibit 2 - Gonzalez Affidavit, #3 Exhibit 3 - Employment Agreement, #4 Exhibit 4 - Non-Compete Agreement, #5 Exhibit 5 - Gordillo Affidavit)(Weinstein, Michael)
April 27, 2020 Filing 26 NOTICE by Chef Merito, Inc. re Order,, Chef Merito's Notice of Intent to File Reply Brief regarding Its Motion For Temporary Restraining Order and Preliminary Injunction (Buckley, Edward)
April 22, 2020 Filing 25 RESPONSE re #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED filed by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William)
April 20, 2020 Opinion or Order ORDER, by docket entry only: Plaintiffs' request for an immediate hearing and expedited briefing is DENIED. Defendants shall have the full 14 day response time permitted by the Courts local rules. No extensions in the briefing schedule will be granted absent exceptional cause. Plaintiff is DIRECTED to file a notice if it intends to file a reply brief and if so by what date. Upon receipt of this information, the Court will schedule a hearing in the case. By Judge Amy Totenberg on 4/20/20. (hfm)
April 20, 2020 Submission of #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED to District Judge Amy Totenberg. (bnp)
April 17, 2020 Filing 24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED with Brief In Support by Chef Merito, Inc.. (Attachments: #1 Brief in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction, #2 Affidavit Declaration of Ambar Corugedo, #3 Affidavit Declaration of Charles Smith, #4 Affidavit Declaration of Carlos Gonzalez, #5 Affidavit Declaration of Alberto Garcia, #6 Text of Proposed Order)(Buckley, Edward)
April 13, 2020 Filing 23 Certificate of Interested Persons by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William)
April 13, 2020 Filing 22 CERTIFICATE of Compliance (Weinstein, Michael)
April 13, 2020 Filing 21 Corporate Disclosure Statement by Javier Gonzalez, Carmen Gordillo, J&J Mexcol, LLC, Mexcol Distribution, LLC, Mexcol Foods, Inc. by Javier Gonzalez, Carmen Gordillo, J&J Mexcol, LLC, Mexcol Distribution, LLC, Mexcol Foods, Inc..(Weinstein, Michael)
April 13, 2020 Filing 20 ANSWER to #1 COMPLAINT by Carmen Gordillo, J&J Mexcol, LLC, Mexcol Distribution, LLC, Mexcol Foods, Inc..(Weinstein, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 13, 2020 Filing 19 ANSWER to #1 COMPLAINT , COUNTERCLAIM against Chef Merito, Inc. by Javier Gonzalez.(Weinstein, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 1, 2020 Opinion or Order Filing 18 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (dgs) (ADI)
March 31, 2020 Filing 17 Return of Service Executed by Chef Merito, Inc.. Carmen Gordillo served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward)
March 31, 2020 Filing 16 Return of Service Executed by Chef Merito, Inc.. Nelson Reyes served on 3/27/2020, answer due 4/17/2020. (Buckley, Edward)
March 31, 2020 Filing 15 Return of Service Executed by Chef Merito, Inc.. Reyes Dist, LLC served on 3/29/2020, answer due 4/20/2020. (Buckley, Edward)
March 31, 2020 Filing 14 Return of Service Executed by Chef Merito, Inc.. J&J Mexcol, LLC served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward)
March 31, 2020 Filing 13 Return of Service Executed by Chef Merito, Inc.. Mexcol Foods, Inc. served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward)
March 31, 2020 Filing 12 Return of Service Executed by Chef Merito, Inc.. Mexcol Distribution, LLC served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward)
March 31, 2020 Filing 11 CERTIFICATE of Compliance by Nelson Reyes, Reyes Dist, LLC re #6 Order, (Arroyo, William) Modified on 3/31/2020 to edit event text (bnp).
March 31, 2020 Filing 10 Return of Service Executed by Chef Merito, Inc.. Javier Gonzalez served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward)
March 31, 2020 Filing 9 ANSWER to #1 COMPLAINT by Nelson Reyes, Reyes Dist, LLC. Discovery ends on 8/28/2020. (Attachments: #1 Affidavit Affidavit of Nelson Reyes, #2 Exhibit Signature Samples of Nelson Reyes)(Arroyo, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
March 26, 2020 Opinion or Order ORDER, by docket entry only, granting #4 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 03/26/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
March 26, 2020 APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Charles G. Smith Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9507372).. Attorney Charles Gerard Smith added appearing on behalf of Chef Merito, Inc. (nmb)
March 25, 2020 Filing 8 CERTIFICATE of Compliance by Milinda L. Brown (Brown, Milinda)
March 25, 2020 Filing 7 CERTIFICATE of Compliance by Edward D. Buckley (Buckley, Edward)
March 25, 2020 Opinion or Order Filing 6 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 3/25/2020. (bnp)
March 23, 2020 Filing 5 AO Form 120 forwarded to Commissioner. (bnp)
March 23, 2020 Filing 4 APPLICATION for Admission of Charles G. Smith Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9507372).by Chef Merito, Inc.. (Attachments: #1 Text of Proposed Order)(Buckley, Edward) Documents for this entry are not available for viewing outside the courthouse.
March 20, 2020 Filing 3 PROPOSED AO 120 . (Buckley, Edward)
March 20, 2020 Submission of #1 Complaint with INJ Request to District Judge Amy Totenberg. (bnp)
March 20, 2020 Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (bnp)
March 20, 2020 Filing 2 Electronic Summons Issued as to Javier Gonzalez, Carmen Gordillo, J&J Mexcol, LLC, Mexcol Distribution, LLC, Mexcol Foods, Inc., Nelson Reyes, Reyes Dist, LLC. (Attachments: #1 Summons Gordillo, #2 Summons J&J Mexcol, #3 Summons Mexcol Foods, #4 Summons Mexcol Distribution, #5 Summons N. Reyes, #6 Summons Reyes Dist, LLC)(bnp)
March 19, 2020 Filing 1 COMPLAINT with INJ Request with Jury Demand filed by Chef Merito, Inc. (Filing fee $400, receipt number AGANDC-9496263) (Attachments: #1 Exhibit 1 - Gonzalez Employment Agreement, #2 Exhibit 2 - Gonzalez Non-Compete Agreement, #3 Exhibit 3 - Reyes Employment Agreement, #4 Exhibit 4 - Reyes Non-Compete Agreement, #5 Exhibit 5 - Articles of Incorporation for Mexcol Foods, Inc., #6 Exhibit 6 - Articles of Incorporation for El de los Chiles, #7 Exhibit 7 - Articles of Incorporation for Mexcol Distribution, LL, #8 Exhibit 8 - Copy of the seasoning packaging materials sold to Supermercado Garci, #9 Exhibit 9 - Copy of the product sold to another company with Chef Meritos Logo a, #10 Civil Cover Sheet)(bnp) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 3/20/2020 (bnp).

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Search for this case: Chef Merito, Inc. v. Gonzalez et al
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Defendant: Carmen Gordillo
Represented By: Michael B. Weinstein
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Defendant: J&J Mexcol, LLC
Represented By: Michael B. Weinstein
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Defendant: Nelson Reyes
Represented By: William H. Arroyo
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Defendant: Mexcol Foods, Inc.
Represented By: Michael B. Weinstein
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Defendant: Reyes Dist, LLC
Represented By: William H. Arroyo
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Defendant: Mexcol Distribution, LLC
Represented By: Michael B. Weinstein
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Defendant: Javier Gonzalez
Represented By: Michael B. Weinstein
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Plaintiff: Chef Merito, Inc.
Represented By: Milinda Lynn Brown
Represented By: Edward D. Buckley
Represented By: Charles Gerard Smith
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