Chef Merito, Inc. v. Gonzalez et al
| Chef Merito, Inc. |
| Carmen Gordillo, J&J Mexcol, LLC, Nelson Reyes, Mexcol Foods, Inc., Reyes Dist, LLC, Mexcol Distribution, LLC and Javier Gonzalez |
| 1:2020cv01242 |
| March 19, 2020 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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| 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) |
| 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) |
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)
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| Filing 33 AFFIDAVIT re #32 Reply to Response to Motion Verification by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William) |
| 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). |
| Submission of #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction to District Judge Amy Totenberg. (bnp) |
| 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). |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| Submission of #24 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED to District Judge Amy Totenberg. (bnp) |
| 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) |
| Filing 23 Certificate of Interested Persons by Nelson Reyes, Reyes Dist, LLC. (Arroyo, William) |
| Filing 22 CERTIFICATE of Compliance (Weinstein, Michael) |
| 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) |
| 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. |
| 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. |
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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)
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| Filing 17 Return of Service Executed by Chef Merito, Inc.. Carmen Gordillo served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward) |
| Filing 16 Return of Service Executed by Chef Merito, Inc.. Nelson Reyes served on 3/27/2020, answer due 4/17/2020. (Buckley, Edward) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| Filing 10 Return of Service Executed by Chef Merito, Inc.. Javier Gonzalez served on 3/23/2020, answer due 4/13/2020. (Buckley, Edward) |
| 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. |
| 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) |
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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)
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| Filing 8 CERTIFICATE of Compliance by Milinda L. Brown (Brown, Milinda) |
| Filing 7 CERTIFICATE of Compliance by Edward D. Buckley (Buckley, Edward) |
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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)
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| Filing 5 AO Form 120 forwarded to Commissioner. (bnp) |
| 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. |
| Filing 3 PROPOSED AO 120 . (Buckley, Edward) |
| 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) |
| Submission of #1 Complaint with INJ Request to District Judge Amy Totenberg. (bnp) |
| 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) |
| 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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