HONEST ABE ROOFING FRANCHISE, INC. v. DCH & ASSOCIATES, LLC et al
| HONEST ABE ROOFING FRANCHISE, INC. |
| DCH & ASSOCIATES, LLC, HONEST ABE ROOFING OF MACON GEORGIA, LLC, DAMEION HARRIS and CHRISTINE HARRIS |
| 2:2022cv00387 |
| September 7, 2022 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| James R Sweeney |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 Mail Returned as RETURN TO SENDER; UNABLE TO FORWARD. #40 Order sent to DCH & ASSOCIATES, LLC at 2013 Devonshire Drive Suite 1350, Columbus, GA 31904. (JRB) |
| Filing 41 Clerk's ENTRY OF DEFAULT as to DCH & ASSOCIATES, LLC. Signed by Clerk, Roger A.G. Sharpe. (JRB) |
Filing 40
ORDER - Plaintiff has filed a Response to the Court's Order to Show Cause, (ECF No. #38 ), indicating the steps Plaintiff has taken in recent months to prosecute this action. The Order to Show Cause, (ECF No. #36 ), is discharged. Copies to Parties on distribution list via US Mail. Signed by Judge James R. Sweeney II on 10/26/2023.(AAS) Modified on 10/26/2023 (AAS).
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| Filing 39 MOTION for Entry of Default, filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Attachments: #1 Affidavit Affidavit for Entry of Default, #2 Text of Proposed Order Entry of Default)(Drummy, William) |
| Filing 38 RESPONSE to Court's Order to Show Cause, re #36 Order to Show Cause, filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Drummy, William) |
| Filing 37 CERTIFICATE OF SERVICE by HONEST ABE ROOFING FRANCHISE, INC. re #1 Complaint, #8 Summons Issued (Attachments: #1 Exhibit Letter to Georgia Secretary of State, #2 Exhibit Certified Mail Return Receipt, #3 Exhibit 9/22/23 Email from Georgia Secretary of State, #4 Exhibit Certificate of Acknowledgement, #5 Exhibit Certified Mail to DCH Associates, LLC)(Drummy, William) |
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Filing 36
*** PLEASE DISREGARD - DISCHARGED AT DKT. #40 *** ORDER TO SHOW CAUSE - The last activity in this case was a June 22, 2023 Order denying Plaintiff's Motion for Default Judgment without prejudice to refiling a proper motion for default judgment against all defendants. (ECF No. 35.) Plaintiff is ordered to show cause by October 17, 2023, why this action should not be dismissed under Fed. R. Civ. P. 41(b) for failure to prosecute. The failure to do so may result in dismissal without further notice. Signed by Judge James R. Sweeney II on 10/3/2023.(JRB) Modified on 10/26/2023 (AAS).
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Filing 35
ORDER denying #30 Motion for Default Judgment. ***SEE ORDER*** (Copies mailed pursuant distribution list). Signed by Judge James R. Sweeney II on 6/22/2023. (JDC)
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| Filing 34 Mail Returned as undeliverable. #20 Order on Motion for TRO sent to HONEST ABE ROOFING OF MACON GEORGIA, LLC at 3235 Satellite Boulevard, Building 400, Suite 300, Duluth, GA 30096. Envelope marked undeliverable, return to sender. (LBT) |
| Filing 33 Mail Returned as undeliverable. #28 Order on Motion for Clerk's Entry of Default sent to HONEST ABE ROOFING OF MACON GEORGIA, LLC at 3235 Satellite Blvd, Building 400, Suite 300, Duluth, GA 30096. Emvelope marked return to sender, undeliverable; commercial mail receiving agent, no authorization to receive mail for this Addressee. (LBT) |
| Filing 32 Mail Returned as undeliverable, not deliverable as addressed, unable to forward #13 Status ConferenceSet Hearings sent to HONEST ABE ROOFING OF MACON GEORGIA, LLC. (JDC) |
| Filing 31 Mail Returned as undeliverable, not deliverable as addressed, unable to forward #9 Scheduling Order sent to HONEST ABE ROOFING OF MACON GEORGIA, LLC. (JDC) |
| Filing 30 MOTION for Default Judgment as to , filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Attachments: #1 Exhibit A - proposed Default Judgment and Order for Permanent Injunctiono, #2 Exhibit B - Affidavit for Entry of Default Judgment, #3 Exhibit C - Affidavit Supporting Bill of Costs and Attorney Fees MB, #4 Exhibit D - Affidavit Supporting Bill of Costs and Attorney Fees WWD, #5 Text of Proposed Order)(Drummy, William) |
| Filing 29 Mail Returned as undeliverable, not deliverable as addressed, unable to forward #28 Order on Motion for Clerk's Entry of Default sent to DCH & ASSOCIATES, LLC. (JDC) |
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Filing 28
ORDER ON MOTION FOR ENTRY OF DEFAULT - denying #26 Motion for Clerk's Entry of Default for lack of proper service on DCH & Associates, LLC. (See Order) Copies mailed per Distribution. Signed by Judge James R. Sweeney II on 1/11/2023. (KAA)
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| Filing 27 Clerk's ENTRY OF DEFAULT as to CHRISTINE HARRIS, DAMEION HARRIS, HONEST ABE ROOFING OF MACON GEORGIA, LLC. Signed by Clerk, Roger A.G. Sharpe. (KAA) |
| Filing 26 MOTION for Clerk's Entry of Default against DCH & Associates, LLC, filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Attachments: #1 Affidavit for Entry of Default, #2 Exhibit A-GA Registered Agent Info, #3 Text of Proposed Order)(Drummy, William) |
| Filing 25 MOTION for Clerk's Entry of Default , filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Attachments: #1 Affidavit for Entry of Default, #2 Text of Proposed Order)(Drummy, William) |
| Filing 24 Mail Returned as undeliverable. #20 Order on Motion for TRO sent to DCH & ASSOCIATES, LLC at 2013 Devonshire Drive, Suite 1350, Columbus, GA 31904. Envelope marked return to sender; insufficient address; unable to forward. (LBT) |
| Filing 23 Mail Returned as undeliverable - Return to Sender Company doesn't operate at suite address. #18 Status Conference sent to DCH & ASSOCIATES, LLC, 2013 Devonshire Dr. Suite 1350, Columbus, GA 31904. (AAS) |
| Filing 22 Mail Returned as undeliverable. #16 Status Conference Set Hearings sent to DCH & ASSOCIATES, LLC. (KAA) |
| Filing 21 Mail Returned as RETURN TO SENDER; UNABLE TO FORWARD. #18 Status Conference sent to HONEST ABE ROOFING OF MACON GEORGIA, LLC 3235 Satelite Blvd., Building 400 Suite 300, Duluth GA 30096. (JRB) |
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Filing 20
Order on Motion for Preliminary Injunction - Honest Abe has not shown that a preliminary injunction is warranted: the Court finds no irreparable harm is likely in the absence of an injunction, and even if the alleged harm is deemed irreparable, the balance of harm favors Defendants.Honest Abe's Motion for Temporary Restraining Order and Preliminary Injunction, ECF No. #3 , is denied. (SEE ORDER) Copies mailed per Distribution. Signed by Judge James R. Sweeney II on 11/3/2022. (KAA)
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| Filing 19 Mail Returned as undeliverable: NOT DELIVERABLE AS ADDRESSED re #16 Status ConferenceSet Hearings sent to HONEST ABE ROOFING OF MACON GEORGIA, LLC. (TPS) |
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Filing 18
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 10/28/2022. Plaintiff appeared by counsel for a telephonic status conference. Defendants failed to appear. Plaintiff indicates motion for Temporary Restraining Order and Preliminary Injunction is ripe for ruling. Plaintiff also intends to pursue entry of default promptly. Signed by Magistrate Judge Mario Garcia. (TMB) (Copies sent via distribution list)
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| Filing 17 CERTIFICATE OF SERVICE by HONEST ABE ROOFING FRANCHISE, INC. re #4 Brief/Memorandum in Support, #2 Notice of Appearance, #1 Complaint, #3 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit A to Proof of Re-Service)(Drummy, William) |
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Filing 16
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 10/7/2022. Parties given each other's contact information. Plaintiff to re-send initial pleadings to defendants. Defendants to attempt to obtain counsel promptly.This matter is scheduled for a telephonic status conference on Friday, October 28, 2022, at 2:00 p.m. (Eastern) to discuss case status. Parties shall attend the status conference by calling 888-278-0296, Access Code 1928472, Security Code 220387. Copies via US Mail per distribution list. Signed by Magistrate Judge Mario Garcia. (NAD)
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| Filing 15 NOTICE AMENDED PROOF OF SERVICE OF COURTS SCHEDULING ORDER, filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC., re #13 Status ConferenceSet Hearings. (Attachments: #1 Exhibit Exhibit A) (Drummy, William) |
| Filing 14 NOTICE of Proof of Service of Court's Scheduling Order, filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC., re #13 Status ConferenceSet Hearings. (Attachments: #1 Exhibit Exhibit A) (Drummy, William) |
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Filing 13
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 9/16/2022. Defendants failed to appear. An Order to Show Cause is issued to all Defendants except, DCH & ASSOCIATES, LLC, who did not receive service of the Court's Scheduling Order at Dkt. #9 via Plaintiff's Certificate of Service at Dkt. #12 . This matter is scheduled for a telephonic Status Conference and Order to Show Cause hearing on Friday, October 7, 2022, at 9:00 a.m. (Eastern) to discuss case status. Counsel for Plaintiff is instructed to serve notice of this order on defendants and file a proof of service on or before September 22, 2022. Parties shall attend the status conference by calling: 888-363-4734, Access Code 1125419, Security Code 220387. Copies via US Mail per distribution list. Signed by Magistrate Judge Mario Garcia. (NAD)
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| Filing 12 CERTIFICATE OF SERVICE by HONEST ABE ROOFING FRANCHISE, INC. re #9 Scheduling Order (Attachments: #1 Exhibit A - FedEx Labels and Shipment Receipts)(Drummy, William) |
| Filing 11 CERTIFICATE OF SERVICE by HONEST ABE ROOFING FRANCHISE, INC. re #5 Corporate Disclosure Statement, #7 Magistrate Judge's Notice of Availability to Exercise Jurisdiction, #4 Brief/Memorandum in Support, #6 Practices and Procedures, #1 Complaint, #3 MOTION for Temporary Restraining Order and Preliminary Injunction, #2 Notice of Appearance, #8 Summons Issued (Attachments: #1 Exhibit A - Service on Honest Abe Roofing of Macon Georgia, LLC, #2 Exhibit B - Service on Dameion Harris, #3 Exhibit C - Service on Christine Harris)(Drummy, William) |
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Filing 9
SCHEDULING ORDER: This matter is set for a telephone Status Conference on Friday, 9/16/2022 at 2:00 PM (Eastern Time). Counsel for Plaintiff is instructed to serve notice of this order on Defendant and file a proof of service on or before September 13, 2022. The purpose of the conference is to discuss Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction at Dkt #3 and set a briefing schedule. Counsel shall attend the conference by calling 888-363-4734, Access Code 1125419, Security Code 220387. Copies mailed per Distribution List. Signed by Magistrate Judge Mario Garcia on 9/9/2022.(KAA)
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| Filing 10 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (KAA) |
| Filing 8 Summons Issued as to DCH & ASSOCIATES, LLC, CHRISTINE HARRIS, DAMEION HARRIS, HONEST ABE ROOFING OF MACON GEORGIA, LLC. (KAA) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| Filing 6 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (KAA) |
| Filing 5 Corporate Disclosure Statement by HONEST ABE ROOFING FRANCHISE, INC.. (Drummy, William) |
| Filing 4 BRIEF/MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order and Preliminary Injunction , filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Drummy, William) |
| Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Drummy, William) |
| Filing 2 NOTICE of Appearance by William W. Drummy on behalf of Plaintiff HONEST ABE ROOFING FRANCHISE, INC.. (Drummy, William) |
| Filing 1 COMPLAINT against All Defendants, filed by HONEST ABE ROOFING FRANCHISE, INC.. (Filing fee $402, receipt number AINSDC-7267602) (Attachments: #1 Exhibit A - Columbus Franchise Agreement, #2 Exhibit B - Columbus Personal Guaranty, #3 Exhibit C - Columbus Non-Compete, #4 Exhibit D - Honest Abe Roofing of Macon Operating Agreement, #5 Exhibit E - Macon Franchise Agreement, #6 Exhibit F - Macon Personal Guaranty, #7 Exhibit G - Macon Non-Compete, #8 Exhibit H - Macon First Notice of Default, #9 Exhibit I - RETURNED Macon First Notice of Default, #10 Exhibit J - Macon Second Notice of Default, #11 Exhibit K - Macon Notice of Termination, #12 Exhibit L - Columbus Notice of Termination, #13 Exhibit M - Lee Wilson Affidavit w attachments, #14 Exhibit N - Maps Showing Macon Designated Area, #15 Exhibit O - AHSP Website Services, #16 Exhibit P - AHSP Website - Harris Owners Listed, #17 Exhibit Q - AHSP Privacy Policy, #18 Exhibit R - Honest Abe Privacy Policy, #19 Exhibit S - Honest Abe Roofing of Macon Registration, #20 Civil Cover Sheet, #21 Proposed Summons)(Drummy, William) |
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