ALFARAH RESTAURANT GROUP OF IN, INC. v. TACO BELL FRANCHISOR, LLC et al
| ALFARAH RESTAURANT GROUP OF IN, INC. |
| TACO BELL FRANCHISOR, LLC, FLYNN RESTAURANT GROUP, LP and BELL INDIANA LLC |
| 1:2023cv02280 |
| December 19, 2023 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 61 STIPULATION of Dismissal with Prejudice, as to Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC., Defendants BELL INDIANA LLC, FLYNN RESTAURANT GROUP, LP, TACO BELL FRANCHISOR, LLC, filed by ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Text of Proposed Order of Dismissal)(White, Sean) |
Filing 60
ORDER GRANTING #58 MOTION FOR EXTENSION OF TIME TO FILE REPLY - The deadline for Alfarah to file its reply in support of its Motion to Remand shall be up to and including February 9, 2024. (See Order.) Signed by Magistrate Judge Tim A. Baker on 2/5/2024. (JSR)
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Filing 59
ORDER granting Defendant Bell Indiana LLC's #57 MOTION for Extension of Time to File Reply to 2/9/24 re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Magistrate Judge Tim A. Baker on 2/5/2024. (SWM)
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| Filing 58 MOTION for Extension of Time to File Reply to 02/09/24 re #39 MOTION to Remand , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Text of Proposed Order on Motion for Extension of Time)(White, Sean) |
| Filing 57 MOTION for Extension of Time to File Reply to 2/9/24 re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BELL INDIANA LLC. (Attachments: #1 Text of Proposed Order)(Eleftheri, Anthony) |
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Filing 56
ORDER GRANTING #55 JOINT MOTION FOR EXTENSION OF TIME TO FILE REPLIES - The deadline for Taco Bell to file its reply in support of its Motion to Dismiss is extended four (4) days to and including February 9, 2024. (See Order.) Signed by Magistrate Judge Tim A. Baker on 1/30/2024. (JSR)
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| Filing 55 Joint MOTION for Extension of Time to File Reply to 2/2/24 and 2/9/24 re #39 MOTION to Remand , #45 MOTION to Dismiss of Taco Bell Franchisor, LLC , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Text of Proposed Order on Joint Motion for Extension of Time)(White, Sean) |
| Filing 54 RESPONSE in Opposition re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #45 MOTION to Dismiss of Taco Bell Franchisor, LLC , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (White, Sean) |
| Filing 53 AFFIDAVIT (Supplemental) of Nidal Al-Farah by ALFARAH RESTAURANT GROUP OF IN, INC.. (White, Sean) |
| Filing 52 REPLY in Support of Motion re #13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (White, Sean) |
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Filing 51
ORDER granting #50 Unopposed MOTION for Extension of Time to File Reply - The deadline for Plaintiff's reply in support of its Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants [Doc #13 ] is extended through and including January 24, 2024. (See Order.) Signed by Magistrate Judge Tim A. Baker on 1/23/2024. (JSR)
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| Filing 50 Unopposed MOTION for Extension of Time to File Reply to 01/24/2024 re #13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Text of Proposed Order Order Extending Time to File Reply)(White, Sean) |
| Filing 49 RESPONSE in Opposition re #39 MOTION to Remand / Taco Bell Franchisor, LLC's Opposition to Plaintiff's Motion to Remand, filed by Defendant TACO BELL FRANCHISOR, LLC. (Attachments: #1 Exhibit A - Motion for Reconsideration, #2 Exhibit B - Motion to Vacate Remand Order, #3 Exhibit C - Hand v. Chrysler Corp. Docket)(Weiss, Daniel) |
| Filing 48 RESPONSE in Opposition re #39 MOTION to Remand , filed by Defendant BELL INDIANA LLC. (Eleftheri, Anthony) |
| Filing 47 RESPONSE in Opposition re #13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants / Taco Bell Franchisor, LLC's Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunctive Relief, filed by Defendant TACO BELL FRANCHISOR, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Weiss, Daniel) |
| Filing 46 BRIEF/MEMORANDUM in Support re #45 MOTION to Dismiss of Taco Bell Franchisor, LLC / Taco Bell's Memorandum of Law in Support of Motion to Dismiss, filed by Defendant TACO BELL FRANCHISOR, LLC. (Weiss, Daniel) |
| Filing 45 MOTION to Dismiss of Taco Bell Franchisor, LLC, filed by Defendant TACO BELL FRANCHISOR, LLC. (Weiss, Daniel) |
| Filing 44 RESPONSE in Opposition re #13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants , filed by Defendant BELL INDIANA LLC. (Attachments: #1 Affidavit Affidavit of Sarat Koneru)(Eleftheri, Anthony) |
| Filing 43 BRIEF/MEMORANDUM in Support re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BELL INDIANA LLC. (Eleftheri, Anthony) |
| Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BELL INDIANA LLC. (Eleftheri, Anthony) |
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Filing 41
ORDER granting #40 Motion for Extension of Time. The deadline for Defendants to file their responses to Plaintiff's Motion to Remand is no later than January 19, 2024, and the deadline for Plaintiff to file its reply is no later than January 29, 2024. Signed by Magistrate Judge Tim A. Baker on 1/10/2024. (LBT)
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| Filing 40 Unopposed MOTION for Extension of Time to Respond and Reply to Motion to Remand to January 19, 2024, and January 29, 2024 , filed by Defendant TACO BELL FRANCHISOR, LLC. (Attachments: #1 Text of Proposed Order)(Weiss, Daniel) |
| Filing 39 MOTION to Remand , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (White, Sean) |
| Filing 38 NOTICE of Appearance by Tyler Lewis Jones on behalf of Defendant BELL INDIANA LLC. (Jones, Tyler) |
| Filing 37 Rule 7.1 Disclosure Statement by BELL INDIANA LLC. (Eleftheri, Anthony) |
| Filing 36 NOTICE of Appearance by Anthony Marino Eleftheri on behalf of Defendant BELL INDIANA LLC. (Eleftheri, Anthony) |
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Filing 35
ORDER GRANTING STIPULATION TO SUBSTITUTE PROPER PARTY - Come now Plaintiff Alfarah Restaurant Group of IN, Inc. and Defendant Fynn Restaurant Group LP, by counsel, and stipulate and agree that Defendant Flynn Restaurant Group LP should be dismissed without prejudice and that Bell Indiana LLC should be substituted as a Defendant in this action. And the Court, being duly advised, now approves said Stipulation. Filing No. #31 . Defendant Flynn Restaurant Group LP be and hereby is dismissed without prejudice and that Bell Indiana LLC be substituted as a Defendant in this action. IT IS FURTHER ORDERED that all defenses and rights available to Bell Indiana LLC be and hereby are preserved. Signed by Magistrate Judge Tim A. Baker on 1/5/2024. (KAA)
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Filing 34
ORDER granting #32 Motion for Extension of Time to File Motion to Dismiss and to Respond to Plaintiff's #13 Motion for Preliminary Injunction - The deadline for Defendants to file Motions to Dismiss is extended five days, up to and including January 10, 2024. Plaintiff shall file a response by January 24, 2024, and Defendants shall file any replies by February 5, 2024. IT IS FURTHERMORE ORDERED ADJUDGED AND DECREED that the deadline to respond to Plaintiff's Motion for Preliminary Injunction is extended by five days, up to and including January 10, 2024. Plaintiff shall file any reply briefs on or before January 22, 2024. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 1/4/2024. (JRB)
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| Filing 33 NOTICE of Appearance by Tyler Lewis Jones on behalf of Defendant FLYNN RESTAURANT GROUP, LP. (Jones, Tyler) |
| Filing 32 Unopposed MOTION for Extension of Time to File Motion to Dismiss and to Respond to Plaintiff's Motion for Preliminary Injunction, filed by Defendant FLYNN RESTAURANT GROUP, LP. (Attachments: #1 Text of Proposed Order)(Eleftheri, Anthony) |
| Filing 31 STIPULATION to Substitute Proper Party, filed by Defendant FLYNN RESTAURANT GROUP, LP. (Attachments: #1 Text of Proposed Order)(Eleftheri, Anthony) Modified on 1/5/2024 to add gavel (KAA). |
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Filing 30
ORDER granting #29 Motion for Extension of Time to File a Motion to Remand to 1/5/2024. Signed by Magistrate Judge Tim A. Baker on 12/29/2023. (JRB)
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| Filing 29 MOTION for Extension of Time to January 5, 2024 to file Motion to Remand, filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Exhibit A - Emails, #2 Text of Proposed Order on Motion for Extension of Time)(White, Sean) |
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Filing 28
MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 12/22/2023. **SEE ORDER FOR DETAILS** Signed by Magistrate Judge Tim A. Baker. (MGG) (Main Document 28 replaced on 1/10/2024) (MGG).
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| Filing 27 Statement Regarding Status And Scheduling For December 22 Conference by TACO BELL FRANCHISOR, LLC. (Weiss, Daniel) |
| Filing 26 Rule 7.1 Disclosure Statement by FLYNN RESTAURANT GROUP, LP. (Eleftheri, Anthony) |
| Filing 25 CONSENT Notice of Consent to Removal by FLYNN RESTAURANT GROUP, LP. (Eleftheri, Anthony) |
| Filing 24 NOTICE of Appearance by Anthony Marino Eleftheri on behalf of Defendant FLYNN RESTAURANT GROUP, LP. (Eleftheri, Anthony) |
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Filing 23
ORDER granting #6 Motion to Appear pro hac vice. Attorney Gabriel K. Gillett for TACO BELL FRANCHISOR, LLC added. Signed by Magistrate Judge Tim A. Baker on 12/21/2023. (SWM)
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Filing 22
ORDER granting #5 Motion to Appear pro hac vice. Attorney Daniel Weiss for TACO BELL FRANCHISOR, LLC added. Signed by Magistrate Judge Tim A. Baker on 12/21/2023. (SWM)
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Filing 20
ORDER SETTING TELEPHONIC STATUS CONFERENCE - A Telephonic Status Conference is set for 12/22/2023 at 10:30 AM (Eastern Time) before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. (See Order.) Signed by Magistrate Judge Tim A. Baker on 12/21/2023. (JSR)
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| Filing 19 NOTICE of Appearance by Stephen E. Ferrucci on behalf of Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Ferrucci, Stephen) |
| Filing 18 NOTICE of Filing Plaintiff's Objection to Notice of Removal, Request to Remand to State Court, and Request for Emergency Hearing (Resubmitting to add text of proposed order) by ALFARAH RESTAURANT GROUP OF IN, INC. (Attachments: #1 Exhibit A - December 20, 2023, Email, #2 Text of Proposed Order Order Setting Emergency Hearing on Plaintiff's Objection to Notice of Removal and Request to Remand to State Court) (White, Sean) |
| Filing 17 NOTICE of Filing of Attorney Certificate by ALFARAH RESTAURANT GROUP OF IN, INC. (White, Sean) |
| Filing 16 MOTION for Discovery to be Expedited, filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Motion for Expedited Discovery)(White, Sean) |
| Filing 15 AFFIDAVIT in Support of Motion re #13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Exhibit Exhibit 1 - License Agreement, #2 Exhibit Exhibit 2 - Addendum, #3 Exhibit Exhibit 3 - Assignment, #4 Exhibit Exhibit 4 - Email)(White, Sean) |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants , filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Exhibit Exhibit A - Indy Star Article, #2 Exhibit Exhibit B - Locations, #3 Exhibit Exhibit C - December 19, 2023 Update, #4 Exhibit Exhibit D - Indy Star Article, #5 Exhibit Exhibit E - Skywalk Map, #6 Exhibit Exhibit F - Macrotrends)(White, Sean) |
| Filing 13 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants, filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(White, Sean) |
| Filing 12 RESPONSE in Opposition to Notice of Removal, Request to Remand to State Court, and Request for Emergency Hearing, filed by Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (Attachments: #1 Exhibit A - December 20, 2023, Email)(White, Sean) |
| Filing 11 NOTICE of Filing Corporate and Business Entity Disclosure Statement of Plaintiff by ALFARAH RESTAURANT GROUP OF IN, INC. (White, Sean) |
| Filing 10 NOTICE of Appearance by Sean T. White on behalf of Plaintiff ALFARAH RESTAURANT GROUP OF IN, INC.. (White, Sean) |
| Filing 9 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (TPS) |
| Filing 8 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (TPS) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS) |
| Filing 6 MOTION for Attorney(s) Gabriel K. Gillett to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7952255), filed by Defendant TACO BELL FRANCHISOR, LLC. (Gillett, Gabriel) |
| Filing 5 MOTION for Attorney(s) Daniel J. Weiss to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7952182), filed by Defendant TACO BELL FRANCHISOR, LLC. (Weiss, Daniel) |
| Filing 4 NOTICE of Pending State Court Motions, filed by Defendant TACO BELL FRANCHISOR, LLC (Root, Melissa) |
| Filing 3 NOTICE of Appearance by Melissa Megan Root on behalf of Defendant TACO BELL FRANCHISOR, LLC. (Root, Melissa) |
| Filing 2 Rule 7.1 Disclosure Statement by TACO BELL FRANCHISOR, LLC identifying Other Affiliate Yum! Brands, Inc., Other Affiliate Taco Bell Corporation, Other Affiliate Taco Bell Franchisor Holdings, LLC, Other Affiliate Taco Bell Funding, LLC for TACO BELL FRANCHISOR, LLC.. (Root, Melissa) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court, case number 49D01-2311-PL-045310, filed by TACO BELL FRANCHISOR, LLC. (Filing fee $405, receipt number AINSDC-7950985) (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - State Court Record (Complaint, Appearance, Summons, Motion and Order Granting Enlargement of Time), #3 Exhibit 3 - Declaration of Tara Hinkle Smith, #4 Exhibit 4 - Notice of Filing of Notice of Removal, #5 Civil Cover Sheet)(Root, Melissa) |
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