Smoothie King Franchises, Inc. v. Rock Island Venue, Inc. et al
| Smoothie King Franchises, Inc. |
| Hamendra Bhakta, Rock Island Venue, Inc., Neil Bhakta and Five II Smooth Corp. |
| 6:2020cv01284 |
| October 16, 2020 |
| U.S. District Court for the District of Kansas |
| Eric F Melgren |
| James P O'Hara |
| Contract: Franchise |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Filing 28 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.) Preliminary Injunction Hearing set for 12/21/2020 at 01:30 PM in Wichita Courtroom 408 (EFM) before District Judge Eric F. Melgren. (cm) |
Filing 27
ORDER granting #26 Motion for Extension of Time to File Response re #20 MOTION for Preliminary Injunction . Response deadline 12/14/2020. Signed by District Judge Eric F. Melgren on 12/3/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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| Filing 26 Unopposed MOTION for Extension of Time to File a Response as to #20 Motion for Preliminary Injunction, #21 Brief in Support of Motion by Defendants Hamendra Bhakta, Neil Bhakta, Five II Smooth Corp., Rock Island Venue, Inc. (Wood, Mitchell) Modified on 12/2/2020 to remove referral information. (mam) |
| Filing 25 NOTICE OF CANCELLED HEARING: Preliminary Injunction hearing scheduled for 12/3/2020 cancelled to be rescheduled at a later date if required. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) |
| Filing 24 CONSENT PRELIMINARY INJUNCTION. Signed by District Judge Eric F. Melgren on 12/2/2020. (sz) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #26 Unopposed MOTION for Extension of Time as to #20 MOTION for Preliminary Injunction , #21 Affidavit in Support of Motion . The motion will be resolved by the District Judge.(ss) |
| Filing 23 PLAINTIFFS' WITNESS AND EXHIBIT LIST by Smoothie King Franchises, Inc. for Preliminary Injunction hearing. (Skolaut, Paul) Modified on 12/1/2020 to change title of document (sz). |
| Filing 22 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.) Preliminary Injunction Hearing set for 12/3/2020 at 01:30 PM in Zoom before District Judge Eric F. Melgren. Zoom log-in has already been emailed to counsel.(cm) |
| Filing 21 BRIEF IN SUPPORT of #20 Motion for Preliminary Injunction by Plaintiff Smoothie King Franchises, Inc. (Skolaut, Paul) Modified on 11/19/2020 to re-title. (mam) |
| Filing 20 MOTION for Preliminary Injunction by Plaintiff Smoothie King Franchises, Inc. (Skolaut, Paul) |
| Filing 19 SECOND AMENDED COMPLAINT against Hamendra Bhakta, Neil Bhakta, Five II Smooth Corp., Rock Island Venue, Inc., filed by Smoothie King Franchises, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Skolaut, Paul) |
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Filing 18
ORDER granting #17 unopposed motion for leave to file a second amended complaint. Plaintiff shall file the second amended complaint as a separate docket entry forthwith. Signed by Magistrate Judge James P. O'Hara on 11/18/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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| Filing 17 Unopposed MOTION for Leave to Amend Complaint re #14 Amended Complaint by Plaintiff Smoothie King Franchises, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit Second Amended Complaint)(Skolaut, Paul) |
| Filing 16 ENTRY OF APPEARANCE by Mitchell E. Wood on behalf of All Defendants (Wood, Mitchell) |
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Filing 15
ORDER granting #13 Motion to Appear Pro Hac Vice of Deborah S. Coldwell, Sally L. Dahlstrom for Smoothie King Franchises, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 10/29/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (heo)
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| Filing 14 AMENDED COMPLAINT against Hamendra Bhakta, Neil Bhakta, Five II Smooth Corp., Rock Island Venue, Inc., filed by Smoothie King Franchises, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Skolaut, Paul) |
| Filing 13 MOTION for attorney Deborah S. Coldwell and Sally L. D. Dahlstrom to appear pro hac vice (Pro hac vice fee $100, Internet Payment Receipt Number AKSDC-5303605.) by Plaintiff Smoothie King Franchises, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 ECF Regstr Form for DSC, #2 Affidavit for DSC, #3 ECF Regstr Form for SLD, #4 Affidavit for SLD)(Skolaut, Paul) |
| Filing 12 NOTICE of Withdrawal of Complaint by Smoothie King Franchises, Inc. re #1 Complaint. (Skolaut, Paul) |
| Filing 11 AO FORM 120: REPORT on the Filing or Determination of an Action Regarding a Patent or Trademark. (Skolaut, Paul) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Smoothie King Franchises, Inc.. Rock Island Venue, Inc. waiver sent on 10/20/2020, answer due 12/21/2020. (Skolaut, Paul) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Smoothie King Franchises, Inc.. Hamendra Bhakta waiver sent on 10/20/2020, answer due 12/21/2020. (Skolaut, Paul) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Smoothie King Franchises, Inc.. Neil Bhakta waiver sent on 10/20/2020, answer due 12/21/2020. (Skolaut, Paul) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Smoothie King Franchises, Inc.. Five II Smooth Corp. waiver sent on 10/20/2020, answer due 12/21/2020. (Skolaut, Paul) |
| DOCKET ANNOTATION: Per JPO Chambers, due to a mailing error on our end of #6 Order on Motion to Seal Case, plaintiff may withdraw the complaint by October 29, 2020 and re-file an amended complaint if they so choose and the clerk will not unseal the complaint until October 30, 2020. (heo) |
| NOTICE OF DEFICIENCY - Other: AO120 Report on Filing Patent/Trademark form is missing. The filing party/attorney is directed to correct the deficiency immediately. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk) |
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Filing 6
ORDER denying #4 Motion to Seal Case. Plaintiff may withdraw the complaint by October 23, 2020, if it so chooses, and may re-file an amended complaint that refers to but does not attach the exhibits it does not want filed publicly. The clerk of court is directed not to unseal the complaint until October 26, 2020. Signed by Magistrate Judge James P. O'Hara on 10/21/2020. (heo)
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| FILING FEE PAID in the amount of $400, receipt number W4631023392. (mam) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Smoothie King Franchises, Inc. identifying Smoothie King Systems, Inc., SK USA Inc., Smoothie King Holdings, Inc. as corporate parent. (jk) |
| Filing 4 MOTION to Seal Case by Plaintiff Smoothie King Franchises, Inc. (referred to Magistrate Judge James P. O'Hara) (jk) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Smoothie King Franchises, Inc. - trial to be held in Wichita. (jk) |
| Filing 2 CIVIL COVER SHEET re #1 Complaint, by Plaintiff Smoothie King Franchises, Inc. (jk) |
| Filing 1 (WITHDRAWN per #12 ) -- COMPLAINT with trial location of Wichita, filed by Smoothie King Franchises, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27) (jk) Modified on 10/28/2020, see #12 . (mam) |
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