Fredmark, L.L.C. v. Zax, LLC
| Fredmark, L.L.C. |
| Zax, LLC |
| 1:2020cv01848 |
| April 29, 2020 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 24 RESPONSE in Opposition re #21 MOTION for Partial Summary Judgment and Defendant's Cross Motion for Summary Judgment filed by Zax, LLC. (Attachments: #1 Defendant's Cross Motion for Summary Judgment, #2 Statement of Material Facts Defendant's Statement of Material Facts, #3 Brief Defendant's Brief in Support of Its Cross Motion and in Opposition to Plaintiff's Motion for Partial Summary Judgment)(Daughtry, Bricker) |
| Filing 23 CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Zax, LLC.(Daughtry, Bricker) |
| Filing 22 Initial Disclosures by Fredmark, L.L.C.. (Attachments: #1 Attachment A (Witness List), #2 Attachment C (Document List))(Archer, T.) |
| Filing 21 MOTION for Partial Summary Judgment with Brief In Support by Fredmark, L.L.C.. (Attachments: #1 Statement of Material Facts, #2 Exhibit A (Lease), #3 Exhibit B (Amended Petition), #4 Exhibit C (Verified Answer), #5 Exhibit D (Termination Letter), #6 Exhibit E (March 14th Order), #7 Exhibit F (April 2nd Order), #8 Exhibit G (April 8th Order), #9 Exhibit H (April 23rd Order), #10 Exhibit I (Press Release), #11 Exhibit J (5.12.20.02 Executive Order), #12 Exhibit K (5.28.20.02 Executive Order), #13 Exhibit L (Letter to David K. Linder), #14 Exhibit M (Zaxby's Ads), #15 Exhibit N (Letter from Bricker S. Daughtry), #16 Exhibit O (Declaration of Joel Murovitz))(Archer, T.) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
Filing 20
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)
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Filing 19
SCHEDULING ORDER: re: #18 Joint Preliminary Report and Discovery Plan. Signed by Judge Timothy C. Batten, Sr. on 5/22/2020. (dmb)
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| Filing 18 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Fredmark, L.L.C.. (Archer, T.) |
| MINUTE ORDER GRANTING Virgil Maxey Wheeler, III'S #13 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. 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.(usw) |
| APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Virgil Maxey Wheeler, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9700216).. Attorney Virgil Maxey Wheeler, III added appearing on behalf of Fredmark, L.L.C. (nmb) |
| Filing 17 ANSWER to #16 Amended Complaint by Zax, LLC. Discovery ends on 10/15/2020.(Daughtry, Bricker) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr. on 5/15/20. (rsh) |
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Filing 14
ORDER finding jurisdiction is proper in this Court. Defendant ordered to answer or otherwise respond to Plaintiff's amended complaint within 14 days. Signed by Judge Timothy C. Batten, Sr. on 5/15/20. (rsh)
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| Filing 13 APPLICATION for Admission of Virgil Maxey Wheeler, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9700216).by Fredmark, L.L.C.. (Jones, Walter) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re: #8 Order to Show Cause, filed by Zax, LLC. (Daughtry, Bricker) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re: #8 Order to Show Cause, filed by Fredmark, L.L.C.. (Archer, T.) |
| Refund in the amount of $400.00 has been processed, effective 5/11/2020 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE Executed filed by Zax, LLC. Zax, LLC served on 5/8/2020. (Daughtry, Bricker) |
| Filing 9 NOTICE of Appearance by Patrick Nicholas Silloway on behalf of Fredmark, L.L.C. (Silloway, Patrick) |
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Filing 8
ORDER TO SHOW CAUSE: Defendant shall respond in writing by May 14 to show cause that the forum-defendant rule of 28 U.S.C. 1441(b)(2) is satisfied. Failure to show cause within the time allotted shall result in this case being remanded to the Superior Court of Cobb County. Signed by Judge Timothy C. Batten, Sr. on 5/7/2020. (dmb)
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| Filing 16 AMENDED COMPLAINT filed by Fredmark, L.L.C. against Zax, LLC. (redocketed from #7 in order to correct filers and to allow answer to link properly) (Attachments: #1 Exhibit A (Lease), #2 Exhibit B (Termination Letter), #3 Exhibit C (April 23, 2020 Letter), #4 Exhibit D (Letter from Bricker S. Daughtry to Plaintiff,), #5 Exhibit E (Executive Order 04.13.20.01), #6 Exhibit F (Executive Order 04.02.20.01), #7 Exhibit G (Executive Order 04.08.20.02, #8 Exhibit H (Executive Order 04.23.20.02))(tmf) 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 5/18/2020 to edit doc links(tmf). |
| Filing 7 AMENDED COMPLAINT against Fredmark, L.L.C. filed by Fredmark, L.L.C.. (Attachments: #1 Exhibit A (Lease), #2 Exhibit B (Termination Letter), #3 Exhibit C (April 23, 2020 Letter), #4 Exhibit D (Letter from Bricker S. Daughtry to Plaintiff,), #5 Exhibit E (Executive Order 04.13.20.01), #6 Exhibit F (Executive Order 04.02.20.01), #7 Exhibit G (Executive Order 04.08.20.02, #8 Exhibit H (Executive Order 04.23.20.02))(Archer, T.) 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. |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re: #4 Order to Show Cause, filed by Zax, LLC. (Attachments: #1 Exhibit Exhibit "A" - Declaration of Blake C. Bailey)(Daughtry, Bricker) |
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Filing 5
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. (mmc) (ADI)
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| Clerks Approval re #2 Application for Refund of Fees paid online. (mec) |
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Filing 4
ORDER TO SHOW CAUSE by 5/7/2020 that the complete diversity requirement is satisfied. Failure to do so with the time allotted shall result in this case being remanded to the Superior Court of Cobb County. Signed by Judge Timothy C. Batten, Sr. on 4/30/2020. (dmb)
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| Clerks Notation re #3 Certificate of Interested Persons. Reviewed and approved by Judge Timothy C. Batten, Sr. (usw) |
| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Zax, LLC identifying Corporate Parent Zaxby's Operating Company L.P. for Zax, LLC. (Daughtry, Bricker) |
| Filing 2 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-9640037. (Daughtry, Bricker) |
| Filing 1 INJ NOTICE OF REMOVAL with COMPLAINT. (Filing fee $ 400 receipt number BGANDC-9640253) filed by Zax, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(dmb) 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. |
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