Taylor Investment Partners II, LLC et al v. Moe's Franchisor SPV LLC et al
| Taylor Investment Partners II, LLC, Tip II - Ansley, LLC and Tip II - Suburban, LLC |
| Goto Foods LLC, Moe's Franchisor SPV LLC, Moe's Franchisor, LLC and Focus Brands, LLC |
| 1:2024cv00889 |
| February 28, 2024 |
| US District Court for the Northern District of Georgia |
| Steve C Jones |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
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Filing 21
AMENDED ORDER GRANTING #19 Plaintiffs' Emergency Motion to Seal Certain Information from Public Record and DIRECTING the Clerk to immediately seal Doc. Nos. [1-2], [7-2], and [8-3]. Signed by Judge Steve C. Jones on 03/12/2024. (ddm)
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Filing 20
ORDER granting #19 Motion for Leave to File Matters Under Seal and ORDERS and DIRECTS the Clerk of Court to immediately seal documents [7-2] and [8-3] from Public Record. Signed by Judge Steve C. Jones on 3/11/2024. (rsg)
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| Filing 19 Emergency MOTION for Leave to File Matters Under Seal re: #7 Amended Complaint,, #8 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction, #1 Complaint,,, with Brief In Support by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (Attachments: #1 Text of Proposed Order Granting Motion)(Vance, Kathryn) |
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Filing 18
ORDER approving the #14 Notice of Voluntary Dismissal, filed by Tip II - Ansley, LLC, Tip II - Suburban, LLC, Taylor Investment Partners II, LLC. The Clerk is DIRECTED to enter the dismissal and close this case. Signed by Judge Steve C. Jones on 3/01/2024. (rsg)
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| Filing 14 NOTICE of Voluntary Dismissal Without Prejudice filed by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (Vance, Kathryn) Modified on 3/1/2024 to note document does not comply with Fed.R.Civ.P.41(a)(1)(A)(ii) (ddm). |
| Submission of #14 Notice of Voluntary Dismissal, to District Judge Steve C. Jones. (ddm) |
| Civil Case Terminated. (rsg) |
| Filing 17 SEALED NOTICE Of Filing Memorandum in Support of #8 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (rsg) Modified on 3/1/2024 (rsg). |
| Filing 16 SEALED Amended Declaration of David P. Titshaw by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC (Attachments: #1 Exhibit F, #2 Exhibit S)(rsg) Modified on 3/1/2024 (rsg). |
| Filing 15 SEALED AMENDED COMPLAINT (Unredacted) by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (rsg) Modified on 3/1/2024 (rsg). |
| Filing 13 NOTICE of Appearance by Lindsay Mitchell Henner on behalf of Goto Foods LLC, Moe's Franchisor SPV LLC, Moe's Franchisor, LLC (Henner, Lindsay) |
| Filing 12 NOTICE of Appearance by Anne Peirce Caiola on behalf of Goto Foods LLC, Moe's Franchisor SPV LLC, Moe's Franchisor, LLC (Caiola, Anne) |
| Filing 11 Minute Entry for proceedings held before Judge Steve C. Jones: Telephone Conference held on 2/29/2024 regarding subject matter jurisdiction in this matter. The Court heard argument from counsel and directed briefs to be filed no later than noon on Friday, March 1, 2024, with ruling to issue thereafter. (Court Reporter Viola Zborowski)(rsg) |
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Filing 10
ORDER granting #9 Motion for Leave to File Matters Under Seal. IT IS HEREBY ORDERED THAT TIP's unredacted (i) Verified Amended Complaint, (ii) its unredacted Memorandum in Support of Emergency Motion for a Temporary Restraining Order, (iii) its unredacted Amended Declaration of David P. Titshaw and (iv) two exhibits attached to the Declaration shall be filed under seal and shall not be opened or the contents thereof displayed or revealed except by further order of the Court. Signed by Judge Steve C. Jones on 2/29/2024. (rsg)
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| Filing 9 MOTION for Leave to File Matters Under Seal re: #7 Amended Complaint, #8 Emergency MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (Attachments: #1 Text of Proposed Order Granting Motion)(Vance, Kathryn) |
| Filing 8 Emergency MOTION for Temporary Restraining Order and an Order to Show Cause Why a Preliminary Injunction should not issue, or in the alternative MOTION for Preliminary Injunction (IMMEDIATE HEARING REQUESTED), with Brief In Support, filed by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (Attachments: #1 Brief in Support of Motion, #2 Affidavit Att. 1: Declaration of David P. Titshaw, #3 ---Sealed---Exhibit Exhibits to Attachment 1, #4 Text of Proposed Order Granting TRO)(Vance, Kathryn) . Added MOTION for Preliminary Injunction on 2/29/2024 (ddm). Modified [8-3] per Order on 3/11/2024 (rsg). |
| Filing 7 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Tip II - Ansley, LLC, Taylor Investment Partners II, LLC, Tip II - Suburban, LLC. (Attachments: #1 Affidavit Att. 1: Declaration of David P. Titshaw, #2 ---Sealed---Exhibit Exhibits to Attachment 1)(Vance, Kathryn) 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 [7-2] per Order on 3/11/2024 (rsg). |
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Filing 6
ORDER for Plaintiffs to SHOW CAUSE as to why this action should not be dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). The Court ORDERS Plaintiffs to respond to this show cause order no later than 14-days from the date of this Order. Plaintiffs' response must be in the form of an amended complaint that corrects the above-stated deficiencies concerning the citizenship of any named Parties that are LLCs. Given that Plaintiffs' current Motion for Temporary Restraining Order is filed based on a complaint that does not properly assert subject matter jurisdiction, the Court must presently DENY Plaintiffs' #2 Motion for lack of subject matter jurisdiction. For the same reasons, it also DENIES Plaintiffs' #3 Motion for Leave to File Under Seal. Upon the refiling of an amended complaint correcting the subject matter jurisdiction deficiencies identified, Plaintiffs may refile an amended motion for emergency temporary relief based on the amended complaint and a renewed motion to seal accordingly. Signed by Judge Steve C. Jones on 2/28/2024. (rsg)
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| Filing 5 Electronic Summons Issued as to Goto Foods LLC, Moe's Franchisor SPV LLC, Moe's Franchisor, LLC. (Attachments: #1 Summons Moe's Franchisor LLC, #2 Summons Goto Foods)(rsg) |
| Filing 4 MOTION for Leave of Absence by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (rsg) |
| Filing 3 MOTION For Leave to File Under Seal by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (Attachments: #1 Text of Proposed Order)(rsg) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by Taylor Investment Partners II, LLC, Tip II - Ansley, LLC, Tip II - Suburban, LLC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(rsg). Added MOTION for Order to Show Cause on 2/28/2024 (rsg). (Additional attachment(s) added on 2/28/2024: #3 DEEMED WITHDRAWN Exhibit Unredacted Memorandum in Support) (rsg). Modified on 2/28/2024 (rsg). Modified on 2/29/2024 (rsg). Modified on 3/1/2024 (rsg). |
| Filing 1 COMPLAINT with Jury Demand filed by Tip II - Ansley, LLC, Taylor Investment Partners II, LLC, Tip II - Suburban, LLC. (Filing fee $405, receipt number AGANDC-13253885) (Attachments: #1 Attachment 1 Declaration of David P. Titshaw, #2 ---Sealed---Exhibits A-Z, #3 Civil Cover Sheet)(rsg) 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. (Additional attachment(s) added on 2/28/2024: #4 DEEMED WITHDRAWN Exhibit Unredacted Complaint)., #5 DEEMED WITHDRAWN Exhibit Unredacted Declaration of David P. Titshaw) (rsg). Modified on 2/28/2024 (rsg). Modified on 2/29/2024 (rsg). Modified on 3/1/2024 (rsg). Modified [1-2] per chambers on 3/11/2024 (rsg). Modified on 3/13/2024 (rsg). |
| Submission of #3 MOTION to Seal Document, #4 MOTION for Leave of Absence, to District Judge Steve C. Jones. (rsg) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Steve C. Jones. (rsg) |
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