STEAK N SHAKE ENTERPRISES, INC. et al v. IFOOD, INC. et al
Plaintiff: STEAK N SHAKE ENTERPRISES, INC. and STEAK N SHAKE, LLC
Defendant: IFOOD, INC., SHASHKI K. RATTAN and CHANDRU C. GURNANI
Case Number: 1:2021cv02131
Filed: July 28, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Matthew P Brookman
Referring Judge: Tanya Walton Pratt
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2021 Opinion or Order Filing 44 ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that on or before October 1, 2021, parties shall file a motion to dismiss this cause or a stipulation of dismissal. (See Order). Signed by Judge Tanya Walton Pratt on 9/2/2021.(AKH)
September 2, 2021 Filing 43 NOTICE of Settlement , as to Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC, Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN, filed by All Plaintiffs (Morrisson, Scott)
September 1, 2021 Filing 42 Witness List and Exhibit List for Hearing on SNS's Motion for Preliminary Injunction, filed by Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN. (Anaya, William)
September 1, 2021 Filing 41 Exhibit List , filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC, Witness List , filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Baird, Kay)
September 1, 2021 Filing 40 EXHIBIT re #39 Response in Opposition to Motion [Corrected Ex. 1] by All Defendants. (Anaya, William)
September 1, 2021 Filing 39 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction , filed by Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN. (Attachments: #1 Exhibit 1-Supplemental Declaration C. Gurmani)(Anaya, William)
August 30, 2021 Opinion or Order Filing 38 ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME FOR DEFENDENTS TO RESPOND TO PLAINTIFFFS' MOTION FOR PRELIMARY INJUNCTION #37 - The matter before the court is the Consent Motion for Extension of Time in which Defendants iFood, Inc., Shashi K. Rattan, and Chandru C. Gurnani ("Defendants") request anextension of time to file their opposition to Plaintiffs' Motion for Preliminary Injunction. The court, being duly advised, now GRANTS the motion. IT IS ORDERED that Defendants shall have to and including August 31, 2021 in which to respond to Plaintiffs' Motion for Preliminary Injunction. IT IS FURTHER ORDERED that Plaintiffs shall have to and including September 3, 2021 in which to reply to their Motion for Preliminary Injunction. Signed by Judge Tanya Walton Pratt on 8/30/2021. (JDC)
August 27, 2021 Filing 37 Consent MOTION for Extension of Time to File Response to 8/31/21 re #5 MOTION for Preliminary Injunction , filed by Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN. (Attachments: #1 Text of Proposed Order)(Anaya, William)
August 27, 2021 Opinion or Order Filing 36 SCHEDULING ORDER - The hearing on injunctive relief set September 8, 2021 at 9:00 a.m. will be held in person in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Counsel must appear in person, but any out of state witnesses may testify virtually. Connection information for witnesses will be sent separately to counsel of record by the courtroom deputy clerk. Witness and exhibit lists are due no later than September 1, 2021. Signed by Judge Tanya Walton Pratt on 8/27/2021.(JDC)
August 26, 2021 Filing 35 NOTICE Regarding Hearing on Plaintiffs' Motion for Preliminary Injunction Scheduled for 9-8-2021, filed by Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN (Anaya, William)
August 26, 2021 Filing 34 NOTICE Regarding Hearing on Motion for Preliminary Injunction Scheduled for 9-8-2021, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC, re #25 Scheduling Order. (Baird, Kay)
August 25, 2021 Opinion or Order Filing 33 ENTRY on Plaintiffs' Motion for Temporary Restraining Order - Plaintiffs' Motion for Temporary Restraining Order, (Filing No. #12 ), is GRANTED. This TRO shall remain in effect for fourteen (14) days after the date of issuance, or until any earlier additional order of the Court, or until a later date if Defendants consent to a longer extension. Plaintiffs' Motion for Preliminary Injunction remains scheduled for hearing on September 8, 2021. Signed by Judge Tanya Walton Pratt on 8/25/2021. (TRG)
August 20, 2021 Filing 32 RESPONSE in Opposition re #12 MOTION for Temporary Restraining Order , filed by Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN. (Attachments: #1 Exhibit 1-Declaration C. Gurmani)(Anaya, William)
August 18, 2021 Filing 31 MARGINAL ENTRY - regarding #30 Motion for Time. GRANTED. Defendants' response to Dkt. #12 is due Friday, August 20, 2021. Signed by Judge Tanya Walton Pratt on 8/18/2021. (AKH)
August 18, 2021 Filing 30 MOTION for Extension of Time to File Response to 8/20/2021 re #12 MOTION for Temporary Restraining Order , filed by Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN. (Attachments: #1 Exhibit A)(Anaya, William)
August 18, 2021 Filing 29 NOTICE of Change of Address for SHASHKI K. RATTAN. (Attachments: #1 Envelope) (AKH)
August 17, 2021 Filing 27 NOTICE of Appearance by William J. Anaya on behalf of Defendants CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN. (Anaya, William)
August 16, 2021 Filing 28 NOTICE of Change of Address for CHANDRU C. GURNANI. (Attachments: #1 Envelope) (AKH)
August 16, 2021 Opinion or Order Filing 26 MARGINAL ENTRY - regarding #24 MOTION for Expedited Hearing on Steak N Shake's Motion for Temporary Restraining Order if the Court Elects to Have a Hearing. Following the response deadline, the Court will rule on the Motion for TRO on the briefing. Signed by Judge Tanya Walton Pratt on 8/16/2021.(AKH)
August 13, 2021 Filing 24 MOTION for Expedited Hearing on Steak N Shake's Motion for Temporary Restraining Order if the Court Elects to Have a Hearing, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
August 13, 2021 Filing 23 BRIEF/MEMORANDUM in Support re #5 MOTION for Preliminary Injunction , filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
August 12, 2021 Opinion or Order Filing 25 SCHEDULING ORDER - Plaintiffs' Motion for Preliminary Injunction (Dkt. #5 ) and Motion for Temporary Restraining Order (Dkt. #12 ) are set for hearing on September 8, 2021 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. If the parties agree, the hearing can be held by video teleconferencing. Parties shall file a notice by August 26, 2021 if they are in agreement to a virtual hearing. Parties are allotted three hours total for the hearing. Witness and exhibits lists are due no later than September 1, 2021. Plaintiffs are directed to send a copy of this scheduling order to Defendants. Signed by Judge Tanya Walton Pratt on 8/12/2021. (AKH)
August 12, 2021 Opinion or Order Filing 22 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/11/2021. The briefing schedule for Plaintiff's Motion for Temporary Restraining Order (Docket No. #12 ) shall be as follows:A. Defendants Gurnani's and Rattan's responses shall be filed by August 18, 2021. B. Plaintiff does not anticipate filing a reply. The briefing and discovery schedule for Plaintiff's Motion for Preliminary Injunction (Docket No. #5 ) shall be as follows: A. Plaintiffs' supporting brief shall be filed by August 13, 2021. B. Defendants Gurnani's and Rattan's responses shall be filed by August 27, 2021. C. Plaintiffs' reply shall be filed by August 31, 2021. D. All preliminary injunction related discovery shall be completed by September 3, 2021. E. The parties request a hearing on the Motion for Preliminary Injunction on or after September 6, 2021. Defendants Gurnani and Rattan are DIRECTED to file a notice with the Court containing their contact information. Signed by Magistrate Judge Matthew P. Brookman. (TMB)(Copies sent via email and US Mail to pro se defendants)
August 10, 2021 Opinion or Order Filing 20 SCHEDULING ORDER: Status Conference set for 8/11/2021 at 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Plaintiffs are ORDERED to serve a copy of this order and the call-in information on Defendants. Signed by Magistrate Judge Matthew P. Brookman on 8/10/2021.(TMB)
August 10, 2021 Opinion or Order Filing 19 ORDER - This matter is before the Court on Plaintiffs' Motion for Temporary Restraining Order (Dkt. #12 ). Parties are to meet with Magistrate Judge Matthew P. Brookman to discuss a discovery plan, briefing schedule, and to determine a date for the hearing, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. (See Order). Signed by Judge Tanya Walton Pratt on 8/10/2021.(AKH)
August 10, 2021 Filing 18 CERTIFICATE of Counsel Regarding Notice of Steak n Shake's Motion for Temporary Restraining Order by Kay Dee Baird on behalf of STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC (Baird, Kay)
August 9, 2021 Filing 17 DECLARATION of Yesenia C. Argueta re #13 Brief/Memorandum in Support by STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Attachments: #1 Exhibit 1 - July 29 pictures of Fayetteville Road, #2 Exhibit 2 - August 6 pictures of Fayetteville Road, #3 Exhibit 3 - July 29 pictures of Duraleigh Road, #4 Exhibit 4 - August 6 pictures of Duraleigh Road, #5 Exhibit 5 - July 29 pictures of Millbrook Road, #6 Exhibit 6 - August 6 pictures of Millbrook Road)(Morrisson, Scott)
August 9, 2021 Filing 16 Submission of Exhibit 3 (Part 2) to Declaration of Rebecca Willis in Support of Steak n Shake's Motion for Temporary Restraining Order, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
August 9, 2021 Filing 15 Submission of Exhibit 3 (Part 1) to Declaration of Rebecca Willis in Support of Steak n Shake's Motion for Temporary Restraining Order, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
August 9, 2021 Filing 14 DECLARATION of Rebecca Willis re #13 Brief/Memorandum in Support by STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Attachments: #1 Exhibit 1 - Area Development Agreement, #2 Exhibit 2 - Amendment to Area Development Agreement, #3 Exhibit 4 - Duraleigh Road Franchise Agreement, #4 Exhibit 5 - Grand Central Mall Road Franchise Agreement, #5 Exhibit 6 - Fayetteville Road Franchise Agreement, #6 Exhibit 7 - January 4, 2018 Notice, #7 Exhibit 8 - August 14, 2019 Notice, #8 Exhibit 9 - February 11, 2020 Notice, #9 Exhibit 10 - May 20, 2021 Notice, #10 Exhibit 11 - July 12, 2021 Notice, #11 Exhibit 12 - Gueest Feedback, #12 Exhibit 13 - Steak n Shake Menu, #13 Exhibit 14 - Email to Legal from Defendant Gurnani)(Morrisson, Scott)
August 9, 2021 Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION for Temporary Restraining Order , filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
August 9, 2021 Filing 12 MOTION for Temporary Restraining Order , filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Attachments: #1 Text of Proposed Order)(Morrisson, Scott)
August 9, 2021 Filing 11 NOTICE of Proof of Service CMRRR, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC (Attachments: #1 Exhibit 1 - CM-RRR - iFood, Inc., #2 Exhibit 2 - CM-RRR - Shashi K. Rattan, #3 Exhibit 3 - CM-RRR - Chandru C. Gurnani) (Baird, Kay) Modified on 8/10/2021 (AKH).
July 29, 2021 Opinion or Order Filing 10 ORDER - regarding #5 MOTION for Preliminary Injunction filed by STEAK N SHAKE, LLC, STEAK N SHAKE ENTERPRISES, INC. Parties are to meet with Magistrate Judge Matthew P. Brookman to discuss a discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 7/29/2021.(AKH)
July 29, 2021 Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
July 29, 2021 Filing 8 Summonses Issued as to CHANDRU C. GURNANI, IFOOD, INC., and SHASHKI K. RATTAN. (DJH)
July 28, 2021 Filing 7 Submission of Exhibit C (Part 2 of 2) - Franchise Agreement - 2840 Millbrook Road, Raleigh, NC, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
July 28, 2021 Filing 6 Submission of Exhibit C (Part 1 of 2) - Franchise Agreement - 2840 Millbrook Road, Raleigh, NC, filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
July 28, 2021 Filing 5 MOTION for Preliminary Injunction , filed by Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
July 28, 2021 Filing 4 Corporate Disclosure Statement by STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
July 28, 2021 Filing 3 NOTICE of Appearance by Kay Dee Baird on behalf of Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Baird, Kay)
July 28, 2021 Filing 2 NOTICE of Appearance by Scott Stuart Morrisson on behalf of Plaintiffs STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Morrisson, Scott)
July 28, 2021 Filing 1 COMPLAINT for Injunctive Relief and Damages against CHANDRU C. GURNANI, IFOOD, INC., SHASHKI K. RATTAN, filed by STEAK N SHAKE ENTERPRISES, INC., STEAK N SHAKE, LLC. (Filing fee $402, receipt number 0756-6677297) (Attachments: #1 Exhibit A - Area Development Agreement, #2 Exhibit B - Amendment to Area Development Agreement, #3 Exhibit D - Franchise Agreement - 5900 Duraleigh Road, Raleigh, NC, #4 Exhibit E - Franchise Agreement - 116 Grand Central Mall, Vienna, WV, #5 Exhibit F - Franchise Agreement - 4202 Fayetteville Road, Garner, NC, #6 Exhibit G - 2018-01-04 - Notice of Default under ADA to iFood, #7 Exhibit H - 2019-08-14 - Notice of Default - iFood, #8 Exhibit I - 2020-02-11 - Notice of Default - iFood, #9 Exhibit J - 2021-05-20 - Notice of Default - iFood, #10 Exhibit K - 2021-07-12 - Notice of Default and Termination, #11 Civil Cover Sheet, #12 Proposed Summons)(Morrisson, Scott)

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Plaintiff: STEAK N SHAKE ENTERPRISES, INC.
Represented By: Kay Dee Baird
Represented By: Scott Stuart Morrisson
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Plaintiff: STEAK N SHAKE, LLC
Represented By: Kay Dee Baird
Represented By: Scott Stuart Morrisson
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Defendant: IFOOD, INC.
Represented By: William J. Anaya
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Defendant: SHASHKI K. RATTAN
Represented By: William J. Anaya
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Defendant: CHANDRU C. GURNANI
Represented By: William J. Anaya
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