Dauntless Enterprises, Inc. et al v. City Wide Franchise Company, Inc.
| Dauntless Enterprises, Inc. and Kenneth Ayers |
| City Wide Franchise Company, Inc. |
| 2:2023cv02273 |
| June 16, 2023 |
| US District Court for the District of Kansas |
| Teresa J James |
| Julie A Robinson |
| Contract: Franchise |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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Filing 53
ORDER granting #52 Motion to Dismiss. In light of the Settlement Agreement reached by the Parties and hereby move for the dismissal of this proceeding under Federal Rule of Civil Procedure 41(A)(ii), this matter is dismissed with prejudice. Each Party shall bear its own cost. Signed by District Judge Julie A. Robinson on 8/1/2023. (sz)
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Filing 52
JOINT MOTION to Dismiss by Defendant City Wide Franchise Company, Inc. (Attachments: #1 Exhibit A - Settlement Agreement)(Cizmorris, Melissa)
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Filing 51
TRANSCRIPT of Motion Hearing held July 7, 2023 before Judge Julie A. Robinson, Court Reporter Dani Murray, 913-907-1434, dani_murray@ksd.uscourts.gov. Transcript purchased by: Mr. Sentell. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 10/10/2023. (dm)
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Filing 50
MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: MOTION HEARING held on 7/7/2023. Plaintiff appears by and through counsel Darren Sharp and Peter Silverman. Defendant appears by and through counsel Joyce Williams, William Sentel, and Melissa Cizmorris. Parties advised the Court that they reached an agreement which was read into the record. Parties are to submit an official settlement agreement to the Court within 2 weeks. (Court Reporter Dani Murray.) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #49 Unopposed MOTION to Seal or Redact Document(s) #41 Notice of Proposed Sealed Record, #40 PROVISIONALLY SEALED Exhibit. The motion will be resolved by the District Judge.(byk)
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Filing 49
UNOPPOSED MOTION to Seal or Redact #40 Provisionally Exhibits by Defendant City Wide Franchise Company, Inc. (Cizmorris, Melissa) Modified docket entry relationship on 7/7/2023. (ca)
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Filing 48
EXHIBITS IN SUPPORT of #47 Reply to Response to Motion by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Attachments: #1 Exhibit A -Declaration of Kenneth Ayers, #2 Exhibit B -Declaration of Chris Duncan, #3 Exhibit C - Declaration of Jeffrey Smith, #4 Exhibit D - Declaration of Michael O' Donnell, #5 Exhibit E - Declaration of Brent Degenhardt, #6 Exhibit F - Declaration of SPA)(Sharp, Darren)
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Filing 47
REPLY TO RESPONSE TO MOTION by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. re #6 Motion for Preliminary Injunction. (Sharp, Darren)
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Filing 46
PROTECTIVE ORDER. Signed by District Judge Julie A. Robinson on 7/5/2023. (sz)
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Filing 45
MEMORANDUM AND ORDER granting #38 Motion for Protective Order. Signed by District Judge Julie A. Robinson on 7/5/2023. (sz)
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Filing 44
REPLY TO RESPONSE TO MOTION by Defendant City Wide Franchise Company, Inc. re #38 Motion for Protective Order. (Cizmorris, Melissa)
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Filing 43
MEMORANDUM IN OPPOSITION by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. re #38 Motion for Protective Order. (Attachments: #1 Exhibit)(Sharp, Darren)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #38 MOTION for Protective Order. The motion will be resolved by the District Judge.(byk)
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Filing 42
CERTIFICATE OF SERVICE of Defendant's Responses to Plaintiffs' Expedited Discovery Requests by City Wide Franchise Company, Inc. (Cizmorris, Melissa)
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Filing 41
NOTICE OF PROPOSED SEALED RECORD by City Wide Franchise Company, Inc. re #40 Provisionally Sealed Exhibits. (Cizmorris, Melissa)
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Filing 40
PROVISIONALLY SEALED EXHIBITS to #39 Defendant's Response in Opposition to #6 Plaintiffs' Motion for Preliminary Injunction by Defendant City Wide Franchise Company, Inc. (Attachments: #1 Exhibit 2 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #2 Exhibit 3 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #3 Exhibit 4 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #4 Exhibit 5 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #5 Exhibit 6 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #6 Exhibit 7 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #7 Exhibit 8 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #8 Exhibit 9 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #9 Exhibit 10 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #10 Exhibit 11 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #11 Exhibit 12 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #12 Exhibit 13 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #13 Exhibit 14 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #14 Exhibit 15 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #15 Exhibit 16 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, #16 Exhibit 17 of Exhibit A to Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Cizmorris, Melissa)
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Filing 39
RESPONSE IN OPPOSITION by Defendant City Wide Franchise Company, Inc. re #6 Motion for Preliminary Injunction. (Attachments: #1 Exhibit Index, #2 Exhibit A to Response to Motion for Preliminary Injunction- Declaration of Troy Hartman)(Cizmorris, Melissa)
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Filing 38
MOTION for Protective Order by Defendant City Wide Franchise Company, Inc. (Cizmorris, Melissa)
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Filing 37
CERTIFICATE OF SERVICE of Plaintiff's Answers and Responses to Defendants' Expedited Discovery Requests by Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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Filing 36
MEMORANDUM AND ORDER denying #31 Motion for Order to Bar Testimony of City Wide's Expert Witness, or to Extend Case Schedule to Allow Time for Plaintiffs to Designate Rebuttal Expert. Signed by District Judge Julie A. Robinson on 6/29/2023. (kas)
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Filing 35
ORDER granting as unopposed #27 Defendant's Motion for Expedited Discovery. Per the parties' Joint Notice of Consent to Defendant's Motion for Expedited Discovery, Plaintiffs have agreed to consent to Defendant's Motion for Expedited Discovery. In consenting to this Motion, Plaintiffs have agreed to provide their objections and responses to Defendant's written discovery requests attached as Exhibit A to the Memorandum in Support of Defendant's Motion for Expedited Discovery on or before June 30, 2023. Signed by District Judge Julie A. Robinson on 6/29/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams)
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Filing 34
RESPONSE by Defendant City Wide Franchise Company, Inc. re #31 Motion to Bar Testimony of City Wide's Expert Witness, or to Extend Case Schedule to Allow Time for Plaintiffs to Designate Rebuttal Expert. (Attachments: #1 Exhibit A to Defendant's Response In Opposition to Plaintiff's Motion to Bar Testimony of Expert Witness)(Cizmorris, Melissa)
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Filing 33
ORDER expediting the deadline for Defendant to respond to Plaintiffs re MOTION for Order TO BAR TESTIMONY OF CITY WIDE'S EXPERT WITNESS, OR TO EXTEND CASE SCHEDULE TO ALLOW TIME FOR PLAINTIFFS TO DESIGNATE REBUTTAL EXPERT #31 . The Response deadline is 6/29/2023 by 12:00 p.m. The response is limited to 8 pages. No reply shall be filed. Signed by District Judge Julie A. Robinson on 6/28/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 32
ORDER granting #30 Plaintiff's Unopposed Motion to Redact Verified Complaint's Exhibit E From Public Viewing and for Leave to Refile Under Seal. The motion establishes that a clearly defined and serious injury would result to Defendant in the absence of restricting access to its confidential and proprietary information contained in Exhibit E to Plaintiff's Verified Complaint (ECF No. 1-5), as required by D. Kan. Rule 5.4.2(c)(3). The Clerk is hereby directed to place Exhibit E to the Complaint (ECF No. 1-5) under seal. Signed by Magistrate Judge Teresa J. James on 6/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 31
MOTION to Bar Testimony of City Wide's Expert Witness, or to Extend Case Schedule to Allow Time for Plaintiffs to Designate Rebuttal Expert by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #31 MOTION for Order TO BAR TESTIMONY OF CITY WIDE'S EXPERT WITNESS, OR TO EXTEND CASE SCHEDULE TO ALLOW TIME FOR PLAINTIFFS TO DESIGNATE REBUTTAL EXPERT. The motion will be resolved by the District Judge.(byk)
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Filing 30
UNOPPOSED MOTION to Seal or Redact Exhibit E, 1-5 re #1 Complaint by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Sharp, Darren)
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Filing 29
JOINT NOTICE of Consent by City Wide Franchise Company, Inc. re #27 Motion for Expedited Discovery. (Cizmorris, Melissa)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #27 MOTION to Expedite Discovery. The motion will be resolved by the District Judge.(byk)
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Filing 28
MEMORANDUM IN SUPPORT of #27 Motion for Expedited Discovery by Defendant City Wide Franchise Company, Inc. (Attachments: #1 Exhibit Exhibit Index to Memo in Support of Motion for Expedited Discovery)(Cizmorris, Melissa)
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Filing 27
MOTION for Expedited Discovery by Defendant City Wide Franchise Company, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Cizmorris, Melissa)
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Filing 26
TRANSCRIPT of Telephone Conference held 6/20/23 before Judge Julie A. Robinson, Court Reporter Dani Murray, 913-907-1434, dani_murray@ksd.uscourts.gov. Transcript purchased by: Mr. Sharp. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 9/19/2023. (dm)
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Filing 25
ORDER: Plaintiffs' Motion for Temporary Restraining Order (Doc. 6) is moot, but the motion is hereby converted into a Motion for Preliminary Injunction and remains pending. Plaintiffs' Motion to Expedite Discovery #8 is granted in part and denied in part. Defendant's responses to certain discovery requests are due on June 30, 2023. The motion is otherwise denied. Signed by District Judge Julie A. Robinson on June 21, 2023. (mls)
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Set Deadlines as to #6 MOTION for Preliminary Injunction. Response deadline 6/30/2023. Reply deadline 7/5/2023 Motion Hearing set for 7/7/2023 at 09:00 AM in KC Courtroom 427 (JAR) before District Judge Julie A. Robinson. (mls)
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Filing 24
ORDER granting #18 Motion to Appear Pro Hac Vice of Peter R. Silverman for Kenneth Ayers,Peter R. Silverman for Dauntless Enterprises, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/20/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sz)
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Filing 23
ORDER granting #17 Motion to Appear Pro Hac Vice of Nicholas T. Stack for Kenneth Ayers,Nicholas T. Stack for Dauntless Enterprises, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/20/2023. (sz)
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Filing 22
ORDER granting #16 Motion to Appear Pro Hac Vice of Joyce C. Williams for City Wide Franchise Company, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/20/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sz)
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Filing 21
ORDER granting #15 Motion to Appear Pro Hac Vice of William Woodbridge Sentell, III for City Wide Franchise Company, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/20/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sz)
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Filing 20
REPLY BRIEF IN SUPPORT of #8 Motion to Expedite Discovery by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren) Modified title (mls).
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Filing 19
RESPONSE by Defendant City Wide Franchise Company, Inc. re #8 Motion to Expedite Discovery. (Cizmorris, Melissa)
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Filing 18
MOTION for attorney Peter R. Silverman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6087082.) by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Attachments: #1 Exhibit Declaration in Support of Motion, #2 Exhibit Pro Hac Vice Electronic Filing Registration Form)(Sharp, Darren)
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Filing 17
MOTION for attorney Nicholas T. Stack to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6087071.) by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Attachments: #1 Exhibit Declaration in Support of Motion, #2 Exhibit Pro Hac Vice Electronic Filing Registration Form)(Sharp, Darren)
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Filing 16
MOTION for attorney Joyce C. Williams to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6086946.) by Defendant City Wide Franchise Company, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cizmorris, Melissa)
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Filing 15
MOTION for attorney William Woodbridge Sentell, III to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6086941.) by Defendant City Wide Franchise Company, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cizmorris, Melissa)
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Filing 14
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 6/20/2023 at 10:00 AM by Telephone before District Judge Julie A. Robinson. (ss)
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Filing 13
MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: TELEPHONE CONFERENCE held on 6/16/2023. Plaintiff appears by and through counsel, Darren Sharp, Peter Silverman, and Nicholas Stack. Defendant appears by and through counsel William Sentell. The Court heard from the parties on Plaintiffs' request for a hearing on their Motion for Temporary Restraining Order Doc. #6 , filed earlier today. Plaintiffs asked to be heard on the merits of that motion today; Defendant asked for a stay of the expiration date for the subject franchise agreement until the parties could be heard on June 20, 2023. The Court continues this matter until June 20, 2023, at 10:00 am by telephone, at which time the Court will revisit the schedule for this motion, the forthcoming preliminary injunction motion, and Plaintiffs' request for expedited discovery related to preliminary injunctive relief. The Franchise Agreement's expiration date is stayed pending further order of the Court. Defendant may file a written response to the motion for temporary restraining order in advance of the June 20, 2023 hearing. All parties participating in this phone conference are directed to dial the conference center line at 888-363-4749, using access code 4697748 to join the conference. (Court Reporter Dani Murray.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 12
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Hearing on Motion for TRO set for 6/16/2023 at 2:00 PM by Telephone. Parties are to dial the CONFERENCE LINE at 1-888-363-4749 and use ACCESS CODE 4697748 before District Judge Julie A. Robinson. (ss)
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Filing 11
CERTIFICATE OF CONTACT by Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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Filing 10
ENTRY OF APPEARANCE by Melissa Louise Cizmorris on behalf of City Wide Franchise Company, Inc. (Cizmorris, Melissa)
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Filing 9
MEMORANDUM IN SUPPORT of #8 Motion to Expedite Discovery by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Attachments: #1 Exhibit Index to Memorandum for Expedited Discovery)(Sharp, Darren)
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Filing 8
MOTION to Expedite Discovery by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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Filing 7
MEMORANDUM IN SUPPORT of #6 Motion for Temporary Restraining Order by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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Filing 6
MOTION for Preliminary Injunction by Plaintiffs Kenneth Ayers and Dauntless Enterprises, Inc. (Sharp, Darren) (Converted by Order doc. 25 to a Motion for Preliminary Injunction (mls).
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Filing 5
DECLARATION of Peter R. Silverman by Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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Filing 4
CORPORATE DISCLOSURE STATEMENT by Kenneth Ayers, Dauntless Enterprises, Inc. identifying None as corporate parent. (Sharp, Darren)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. - trial to be held in Kansas City. (Sharp, Darren)
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Filing 2
CIVIL COVER SHEET by Plaintiffs Kenneth Ayers, Dauntless Enterprises, Inc. (Sharp, Darren)
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Filing 1
COMPLAINT with trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6085928.), filed by Dauntless Enterprises, Inc., Kenneth Ayers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Sealed Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sharp, Darren) Modified on 6/27/2023, Exhibit E sealed per 32. (mam)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)
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SUMMONS ISSUED as to City Wide Franchise Company, Inc. (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)
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MOTION REFERRALS to Magistrate Judge removed as #6 Motion for Temporary Restraining Order and #8 Motion to Expedite Discovery. Both motions will be resolved by District Judge Julie A. Robinson. (mam)
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