The Peach Truck, LLC v. Georgia Peach Truck, LLC
Plaintiff: Peach Truck, LLC, The
Defendant: Georgia Peach Truck, LLC
Case Number: 1:2020cv01420
Filed: April 1, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: William M Ray
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2020 Opinion or Order Filing 48 THIRD 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 05/26/2020. (adg) (ADI)
May 20, 2020 Filing 47 ANSWER to #40 Amended Complaint , COUNTERCLAIM against Peach Truck, LLC, The with Jury Demand by Georgia Peach Truck, LLC.(Henner, Lindsay) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 15, 2020 Filing 46 CERTIFICATE OF SERVICE Initial Disclosures, First Set of Interrogatories, First Set of Requests for Production of Documents by Peach Truck, LLC, The.(Faris, James)
May 15, 2020 Filing 45 CERTIFICATE OF SERVICE Defendant's First Requests for Production to Plaintiff by Georgia Peach Truck, LLC.(Bowler, John)
May 15, 2020 Filing 44 CERTIFICATE OF SERVICE Defendant's First Interrogatories to Plaintiff by Georgia Peach Truck, LLC.(Bowler, John)
May 15, 2020 Filing 43 CERTIFICATE OF SERVICE Initial Disclosures by Georgia Peach Truck, LLC.(Bowler, John)
May 15, 2020 Opinion or Order Filing 42 SCHEDULING ORDER: re: #41 Joint Preliminary Report and Discovery Plan. Discovery ends on 9/14/2020. Motions due by 10/14/2020 or Proposed Pretrial Order due by 10/14/2020. The Clerk is directed to submit this action on October 15, 2020, if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. Signed by Judge William M. Ray, II on 5/15/2020. (rjs)
May 15, 2020 Filing 41 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Georgia Peach Truck, LLC. (Bowler, John)
May 6, 2020 Filing 40 AMENDED COMPLAINT against Georgia Peach Truck, LLCwith Jury Demand filed by Peach Truck, LLC, The.(Faris, James) 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.
May 6, 2020 Filing 39 ANSWER to #32 Counterclaim by Peach Truck, LLC, The.(Faris, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 4, 2020 Opinion or Order Filing 38 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)
April 24, 2020 Filing 37 Certificate of Interested Persons and Corporate Disclosure Statement by Peach Truck, LLC, The. (Faris, James) Modified to edit text on 4/27/2020 (ah).
April 23, 2020 Filing 36 AO Form 120 forwarded to Commissioner. (ah)
April 22, 2020 Filing 35 PROPOSED AO 120 . (Faris, James)
April 15, 2020 Filing 34 NOTICE of Appearance by Michael Dickinson Hobbs, Jr on behalf of Georgia Peach Truck, LLC (Hobbs, Michael)
April 15, 2020 Filing 33 Certificate of Interested Persons and Corporate Disclosure Statement by Georgia Peach Truck, LLC. (Bowler, John) Modified to add text on 4/17/2020 (ah).
April 15, 2020 Filing 32 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 9/14/2020.), COUNTERCLAIM against Peach Truck, LLC, The with Jury Demand by Georgia Peach Truck, LLC.(Bowler, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 13, 2020 Opinion or Order Filing 31 ORDER granting #26 Application for Petitioner William Charles Ferrell, Jr's Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 4/13/2020. 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.(ah)
April 13, 2020 Opinion or Order Filing 30 ORDER granting #27 Application for Petitioner Kevin Preston Hartley's Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 4/13/2020. 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.(ah)
April 13, 2020 Opinion or Order Filing 29 ORDER granting #28 Application for Petitioner James Randy Michels' Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 4/13/2020. 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.(ah)
April 13, 2020 APPROVAL by Clerks Office re: #27 APPLICATION for Admission of Kevin Preston Hartley Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9575194).. Attorney Kevin Preston Hartley added appearing on behalf of Peach Truck, LLC, The (cdg)
April 13, 2020 APPROVAL by Clerks Office re: #28 APPLICATION for Admission of James Randy Michels Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9575231).. Attorney James R. Michels added appearing on behalf of Peach Truck, LLC, The (cdg)
April 13, 2020 APPROVAL by Clerks Office re: #26 APPLICATION for Admission of William Charles Ferrell, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9574333). Attorney Kevin Preston Hartley added appearing on behalf of Peach Truck, LLC, The (cdg)
April 8, 2020 Filing 28 APPLICATION for Admission of James Randy Michels Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9575231).by Peach Truck, LLC, The. (Faris, James) Documents for this entry are not available for viewing outside the courthouse.
April 8, 2020 Filing 27 APPLICATION for Admission of Kevin Preston Hartley Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9575194).by Peach Truck, LLC, The. (Faris, James) Documents for this entry are not available for viewing outside the courthouse.
April 8, 2020 Filing 26 APPLICATION for Admission of William Charles Ferrell, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9574333).by Peach Truck, LLC, The. (Faris, James) Documents for this entry are not available for viewing outside the courthouse.
April 8, 2020 RETURN of #23 APPLICATION for Admission of James Randy Michels Pro Hac Vice. to attorney for correction re: payment. (cdg)
April 8, 2020 RETURN of #22 APPLICATION for Admission of Kevin Preston Hartley Pro Hac Vice. to attorney for correction re: payment. (cdg)
April 8, 2020 RETURN of #21 APPLICATION for Admission of William Charles Ferrell, Jr. Pro Hac Vice to attorney for correction re: payment. (cdg)
April 7, 2020 Filing 25 NOTICE of Appearance by Lindsay Mitchell Henner on behalf of Georgia Peach Truck, LLC (Henner, Lindsay)
April 3, 2020 Filing 24 Certification of Consent to Substitution of Counsel. John M. Bowler added as attorney. (Bowler, John)
April 3, 2020 Filing 23 APPLICATION for Admission of James Randy Michels Pro Hac Vice.by Peach Truck, LLC, The. (Faris, James) Documents for this entry are not available for viewing outside the courthouse.
April 3, 2020 Filing 22 APPLICATION for Admission of Kevin Preston Hartley Pro Hac Vice.by Peach Truck, LLC, The. (Faris, James) Documents for this entry are not available for viewing outside the courthouse.
April 3, 2020 Filing 21 APPLICATION for Admission of William Charles Ferrell, Jr. Pro Hac Vice.by Peach Truck, LLC, The. (Faris, James) Documents for this entry are not available for viewing outside the courthouse.
April 1, 2020 Filing 20 NOTICE of Appearance by James White Faris, VI on behalf of Peach Truck, LLC, The (Faris, James)
April 1, 2020 Opinion or Order Filing 19 STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge William M. Ray, II on 4/1/2020. (rjs)
April 1, 2020 Filing 18 Case transferred in from District of Tennessee Middle; Case Number 3:20-cv-00138. Original file certified copy of transfer order and docket sheet received.
April 1, 2020 Opinion or Order Filing 17 ORDER Dismissing #11 Motion to Dismiss and Granting #16 Motion to Transfer Venue to the Northern District of Georgia Atlanta Division. Signed by District Judge William L. Campbell, Jr on 4/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) [Transferred from Tennessee Middle on 4/1/2020.]
March 31, 2020 Filing 16 Joint MOTION for Entry of an Agreed Order Transferring Venue and Denying Motion to Dismiss without Prejudice by Peach Truck, LLC, The. (Attachments: #1 Exhibit 1 - Proposed Order)(Hartley, Kevin) [Transferred from Tennessee Middle on 4/1/2020.]
March 20, 2020 TN State Bar status verified as active for Timothy L. Warnock and Keane A. Barger. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
March 19, 2020 Opinion or Order Filing 15 ORDER: By no later than March 31, 2020, the parties shall file a joint motion for approval of an agreed order transferring venue and any other agreed-upon disposition of the pending motion to dismiss. Further, the initial case management conference scheduled for April 6, 2020, is CANCELLED. Signed by Magistrate Judge Barbara D. Holmes on 3/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) [Transferred from Tennessee Middle on 4/1/2020.]
March 18, 2020 Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 3/18/2020. (Tape #not recorded.) (Hearing lasted :05)(jwc) [Transferred from Tennessee Middle on 4/1/2020.]
March 17, 2020 Opinion or Order Filing 14 ORDER: The District Judge is provided notice that on March 16, 2020, Defendant filed a motion to dismiss with supporting memorandum and declaration (DocketNos. 11-13). The Clerk is directed to forward the motion to the Honorable William L. Campbell, Jr., District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 11:00 a.m., April 6, 2020, whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) [Transferred from Tennessee Middle on 4/1/2020.]
March 16, 2020 Filing 13 DECLARATION of William Brandon Smith filed by Georgia Peach Truck, LLC re: #11 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or to Transfer in the Alternative. (Warnock, Timothy) [Transferred from Tennessee Middle on 4/1/2020.]
March 16, 2020 Filing 12 MEMORANDUM in Support of #11 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or to Transfer in the Alternative filed by Georgia Peach Truck, LLC. (Warnock, Timothy) [Transferred from Tennessee Middle on 4/1/2020.]
March 16, 2020 Filing 11 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or to Transfer in the Alternative by Georgia Peach Truck, LLC. (Warnock, Timothy) [Transferred from Tennessee Middle on 4/1/2020.]
March 16, 2020 Filing 10 NOTICE of Appearance by Keane A. Barger on behalf of Georgia Peach Truck, LLC (Barger, Keane) [Transferred from Tennessee Middle on 4/1/2020.]
March 16, 2020 Filing 9 NOTICE of Appearance by Timothy L. Warnock on behalf of Georgia Peach Truck, LLC (Warnock, Timothy) [Transferred from Tennessee Middle on 4/1/2020.]
February 24, 2020 Filing 8 SUMMONS returned executed by Peach Truck, LLC, The. Georgia Peach Truck, LLC served on 2/23/2020. (Hartley, Kevin) [Transferred from Tennessee Middle on 4/1/2020.]
February 19, 2020 Opinion or Order Filing 7 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 2/19/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 18, 2020 Filing 6 Summons issued as to Georgia Peach Truck, LLC. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 18, 2020 Filing 5 NOTICE of Initial Case Management Conference set for 4/6/2020 at 11:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 18, 2020 TN State Bar status verified as active for James R. Michels, William C. Ferrell, Jr. and Kevin P. Hartley. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 18, 2020 Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 18, 2020 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 17, 2020 Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Peach Truck, LLC. (gb) [Transferred from Tennessee Middle on 4/1/2020.]
February 17, 2020 Filing 1 COMPLAINT against Georgia Peach Truck, LLC (Filing fee paid $400, Receipt number 0650-3088637), filed by The Peach Truck, LLC. Service copies will be picked up by counsel. (Attachments: #1 Exhibit 1 - Defendant's Web Page, #2 Exhibit 2 - Defendant's Facebook Post, #3 Exhibit 3 - THE PEACH TRUCK Certificate of Registration, #4 Exhibit 4 - GEORGIA FRESH THE PEACH TRUCK EST. 2012 (with design) Certificate of Registration, #5 Exhibit 5 - THE PEACH TRUCK TSDR Report, #6 Exhibit 6 - Lawn & Garden Retailer Article, #7 Exhibit 7 - Greenwich Sentinel Post, #8 Exhibit 8 - July 12, 2016 Cease and Desist Letter, #9 Exhibit 9 - Takedown Requests, #10 Exhibit 10 - GEORGIA PEACH TRUCK TSDR Report, #11 Exhibit 11 - May 30, 2017 Office Action, #12 Exhibit 12 - November 26, 2017 Response to Office Action, #13 Exhibit 13 - January 30, 2018 Office Action, #14 Exhibit 14 - August 3, 2018 Final Action, #15 Exhibit 15 - January 14, 2019 Cease and Desist Letter, #16 Exhibit 16 - March 1, 2019 Notice of Abandonment, #17 Exhibit 17 - Examples of Confusion, #18 Attachment Civil Cover Sheet)(gb) [Transferred from Tennessee Middle on 4/1/2020.]

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Plaintiff: Peach Truck, LLC, The
Represented By: James R. Michels
Represented By: James White Faris, VI
Represented By: William Charles Ferrell, Jr.
Represented By: Kevin Preston Hartley
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Defendant: Georgia Peach Truck, LLC
Represented By: Michael Dickinson Hobbs, Jr.
Represented By: John M. Bowler
Represented By: Lindsay Mitchell Henner
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