Cooke et al v. Lancelotta et al
Brian Cooke, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Franchising, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Grilled Cheese & Co. Columbia, LLC, Scott Pevenstein, Grilled Cheese & Co. Franchise, LLC (Forfeited), Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited), Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. Federal Hill, LLC (Forfeited) and Grilled Cheese & Co. Columbia, LLC (Forfeited) |
Matthew Lancelotta, Crabby One Franchising, LLC, Kelley Lancelotta, James Lancelotta, Richard J. Kuczak, Kuczak & Associates, PA, Grilled Cheese & Co. Franchising LLC, Richard J. Kuczak, CPA, Crabby One Franchise, LLC and Grilled Cheese & Co. Franchise, LLC |
1:2022cv00297 |
February 3, 2022 |
US District Court for the District of Maryland |
Stephanie A Gallagher |
Stockholders Suits |
26 U.S.C. § 7434 IRS: Civil Damages for Fraudulent Filing of Information |
Plaintiff |
Docket Report
This docket was last retrieved on April 5, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 44 NOTICE of Appearance by David J McManus, Jr on behalf of Crabby One Franchise, LLC, Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Franchise, LLC, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Matthew Lancelotta (McManus, David) |
Filing 43 REPLY to Response to Motion re #31 MOTION to Dismiss for Failure to State a Claim, Motion to Dismiss Complaint, Reply to Plaintiffs' Memorandum in Opposition to Kuczak's Motion to Dismiss, filed by Richard J. Kuczak, CPA, Kuczak & Associates, PA. (Attachments: #1 Exhibit Exhibit 1)(Brennan, Stephan) |
Filing 42 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim, Motion to Dismiss Complaint,, #30 MOTION to Dismiss for Lack of Jurisdiction , #32 MOTION to Dismiss for Failure to State a Claim, #29 MOTION to Dismiss for Failure to State a Claimand subject-matter jurisdiction filed by Brian Cooke, Grilled Cheese & Co. Columbia, LLC (Forfeited), Grilled Cheese & Co. Federal Hill, LLC (Forfeited), Grilled Cheese & Co. Franchise, LLC (Forfeited), Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited), Scott Pevenstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hamilton, Maria) |
Filing 41 PAPERLESS ORDER: As Plaintiffs motion to strike makes clear, Rule 12(f) allows courts to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. Fed. R. Civ. P. 12(f). A motion to dismiss is not a pleading. See Fed. R. Civ. P. 7. Therefore, while Plaintiffs are free to incorporate the arguments made in their motion to strike as part of their opposition to Defendants motions to dismiss, Plaintiffs motion to strike, ECF 40, is DENIED. Signed by Judge Stephanie A. Gallagher on 3/8/2022. (kk5s, Deputy Clerk) |
Filing 40 MOTION to Strike #29 MOTION to Dismiss for Failure to State a Claimand subject-matter jurisdiction by Brian Cooke, Grilled Cheese & Co. Columbia, LLC (Forfeited), Grilled Cheese & Co. Federal Hill, LLC (Forfeited), Grilled Cheese & Co. Franchise, LLC (Forfeited), Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited), Scott Pevenstein (Attachments: #1 Memorandum in Support of Motion to Strike Nominal Defendants' Motion to Dismiss, #2 Text of Proposed Order)(Hamilton, Maria) |
Filing 39 STIPULATED ORDER Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection (Local Rule 104.14). Signed by Judge Stephanie A. Gallagher on 3/7/2022. (kk5s, Deputy Clerk) |
Filing 38 PAPERLESS ORDER APPROVING re #36 Stipulation Regarding Confidentiality of Discovery Material. Signed by Judge Stephanie A. Gallagher on 3/7/2022. (vals, Chambers) |
Filing 37 STIPULATION For Order Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection by Matthew Lancelotta(Nolan, Stephen) |
Filing 36 STIPULATION Regarding Confidentiality of Discovery Material by Matthew Lancelotta(Nolan, Stephen) |
Filing 35 Correspondence re: Production of Financial Docts. (Attachments: #1 Exhibit)(Nolan, Stephen) |
Filing 34 ORDER denying #2 Plaintiff's Motion for a Temporary Restraining Order; ordering parties to engage in limited discovery as set forth in the Memorandum Opinions and to appear at an evidentiary hearing on 4/7/2022 at 10:00 a.m. Signed by Judge Stephanie A. Gallagher on 3/3/2022. (kk5s, Deputy Clerk) |
Filing 33 MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 3/3/2022. (kk5s, Deputy Clerk) |
Filing 32 MOTION to Dismiss for Failure to State a Claim by James Lancelotta, Kelley Lancelotta (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Text of Proposed Order)(Riley, Samuel) |
Filing 31 MOTION to Dismiss for Failure to State a Claim, Motion to Dismiss Complaint, by Richard J. Kuczak, CPA, Kuczak & Associates, PA (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss Complaint, #2 Text of Proposed Order)(Brennan, Stephan) |
Filing 30 MOTION to Dismiss for Lack of Jurisdiction by Matthew Lancelotta (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Nolan, Stephen) |
Filing 29 MOTION to Dismiss for Failure to State a Claimand subject-matter jurisdiction by Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Franchise, LLC, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC (Attachments: #1 Memorandum in Support)(McManus, David) |
Filing 28 Motion Hearing held on 3/1/2022 re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. LLC, Scott Pevenstein, Grilled Cheese & Co. Franchise, LLC (Forfeited), Brian Cooke, Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited), Grilled Cheese & Co. Federal Hill, LLC (Forfeited), Grilled Cheese & Co. Columbia, LLC (Forfeited) before Judge Stephanie A. Gallagher.(Court Reporter: Trish Mitchell) (kams, Deputy Clerk) |
Filing 27 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Richard Kuczak, CPA on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 26 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Matthew Lancelotta on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 25 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Kuczak & Associates, P.A. on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 24 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Kelley Lancelotta on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 23 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on James Lancelotta on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 22 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Grilled Cheese & Co. Waugh Chapel, LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 21 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Grilled Cheese & Co. Sykesville, LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 20 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Grilled Cheese & Co., LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 19 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Grilled Cheese & Co. Franchising, LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 18 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Grilled Cheese & Co. Federal Hill, LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 17 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Grilled Cheese & Co. Columbia, LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 16 AFFIDAVIT of Service for Verified Complaint for Injunctive Relief, Motion for Preliminary Injunction and Temporary Restraining Order, Memorandum in Support of Motion for Preliminary Injunction and Temporary Restraining Order, Exhibits, and Proposed Order served on Crabby One Franchise,,LLC on 02/09/2022, filed by Brian Cooke, Scott Pevenstein.(Eisler, Alan) |
Filing 15 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Brian Cooke, Grilled Cheese & Co. Columbia, LLC (Forfeited), Grilled Cheese & Co. Federal Hill, LLC (Forfeited), Grilled Cheese & Co. Franchise, LLC (Forfeited), Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited), Scott Pevenstein. (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)(Hamilton, Maria) |
Filing 14 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Matthew Lancelotta.(Nolan, Stephen) |
Filing 13 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by James Lancelotta, Kelley Lancelotta.(Riley, Samuel) |
Filing 12 Local Rule 103.3 Disclosure Statement by James Lancelotta, Kelley Lancelotta (Riley, Samuel) |
Filing 11 NOTICE of Appearance by Samuel Maddox Riley on behalf of James Lancelotta, Kelley Lancelotta (Riley, Samuel) |
Filing 10 NOTICE of Appearance by Stephen J Nolan on behalf of Matthew Lancelotta (Nolan, Stephen) |
Filing 9 NOTICE of Appearance by Michael Paul Smith on behalf of Matthew Lancelotta (Smith, Michael) |
Filing 8 PAPERLESS ORDER. The Court has scheduled an in-person hearing on the Plaintiffs' motion for a temporary restraining order/preliminary injunction, ECF #2 , on 3/1/2022 at 2:00 p.m. Signed by Judge Stephanie A. Gallagher on 2/8/2022. (kk5s, Deputy Clerk) |
Filing 7 Local Rule 103.3 Disclosure Statement by Brian Cooke, Grilled Cheese & Co. Columbia, LLC (Forfeited), Grilled Cheese & Co. Federal Hill, LLC (Forfeited), Grilled Cheese & Co. Franchise, LLC (Forfeited), Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited), Scott Pevenstein identifying Other Affiliate Brian Cooke, Other Affiliate Scott Pevenstein, Other Affiliate Matthew Lancelotta for Grilled Cheese & Co. Federal Hill, LLC (Forfeited), Grilled Cheese & Co. Franchise, LLC (Forfeited), Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC (Forfeited), Grilled Cheese & Co. Waugh Chapel, LLC (Forfeited); Other Affiliate Brian Cooke, Other Affiliate Matthew Lancelotta, Other Affiliate Steve Calvary for Grilled Cheese & Co. Columbia, LLC (Forfeited).(Hamilton, Maria) |
Filing 6 QC NOTICE: #1 Complaint, filed by Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. LLC, Scott Pevenstein, Grilled Cheese & Co. Waugh Chapel, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Franchising, LLC, Brian Cooke was filed incorrectly. Please submit your Local Rule 103.3 Disclosure Statement as a separate docket entry. When docketing the Local Rule 103.3 Disclosure Statement the Corporate Parents, Affiliates and parties with a financial interest MUST be entered when prompted by CM/ECF. Please re-file the document correctly. (heps, Deputy Clerk) |
Filing 5 Summons Issued 21 days as to Crabby One Franchising, LLC, Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Franchising LLC, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Richard J. Kuczak, Kuczak & Associates, PA, James Lancelotta, Kelley Lancelotta, Matthew Lancelotta.(heps, Deputy Clerk) |
Filing 4 ACKNOWLEDGEMENT OF SERVICE Executed as to #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order , #1 Complaint,,,,,,, Acknowledgement filed by Brian Cooke, Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Franchising, LLC, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Scott Pevenstein. (Attachments: #1 Exhibit 1 Email Receipt Confirmation, #2 Exhibit 2 Email Receipt Confirmation)(Hamilton, Maria) |
Filing 3 Correspondence re: Line Correcting Party Role (Hamilton, Maria) |
Filing fee PAID: $ 402, receipt number 84637038126 (heps, Deputy Clerk) |
Case Reassigned to Judge Stephanie A. Gallagher. Judge Theodore D. Chuang no longer assigned to the case. (jf3s, Deputy Clerk) |
Filing 2 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Brian Cooke, Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Franchising, LLC, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Scott Pevenstein (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit Table of Exhibits, #19 Affidavit Hamilton, #20 Affidavit Cooke, #21 Affidavit Pevenstein, #22 Affidavit Declaration of McFadden)(Hamilton, Maria) |
Filing 1 COMPLAINT for Injunctive Relief against Crabby One Franchising, LLC, Grilled Cheese & Co. Columbia, LLC, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Franchising LLC, Grilled Cheese & Co. LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Richard J. Kuczak, Kuczak & Associates, PA, James Lancelotta, Kelley Lancelotta, Matthew Lancelotta, filed by Grilled Cheese & Co. LLC, Grilled Cheese & Co. Columbia, LLC, Brian Cooke, Grilled Cheese & Co. Federal Hill, LLC, Grilled Cheese & Co. Sykesville, LLC, Grilled Cheese & Co. Waugh Chapel, LLC, Grilled Cheese & Co. Franchising, LLC, Scott Pevenstein. (Attachments: #1 Affidavit Plaintiff Brian Cooke, #2 Affidavit Plaintiff Scott Pevenstein, #3 Affidavit Plaintiff Attorney Christina Hamilton, #4 Attachment Local Rule 103 Disclosure, #5 Civil Cover Sheet, #6 Affidavit Declaration Anne McFadden, #7 Summons Crabby One Franchising LLC, #8 Summons Grilled Cheese & Co. Franchising LLC, #9 Summons Grilled Cheese & Co. Columbia LLC, #10 Summons Grilled Cheese & Co. Federal Hill, LLC, #11 Summons Grilled Cheese & Co. LLC, #12 Summons James Lancelotta, #13 Summons Kelley Lancelotta, #14 Summons Matthew Lancelotta, #15 Summons Grilled Cheese & Co. Sykesville, LLC, #16 Summons Grilled Cheese & Co. Waugh Chapel, LLC, #17 Summons Kuczak & Associates, PA, #18 Summons Richard J. Kuczak, CPA, #19 Exhibit Table of Contents for Exhibits, #20 Exhibit 1, #21 Exhibit 2, #22 Exhibit 3, #23 Exhibit 4, #24 Exhibit 5, #25 Exhibit 6, #26 Exhibit 7, #27 Exhibit 8, #28 Exhibit 9, #29 Exhibit 10, #30 Exhibit 11, #31 Exhibit 12, #32 Exhibit 13, #33 Exhibit 14, #34 Exhibit 15)(Hamilton, Maria) |
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