Kwench Juice Franchising Inc. v. Mitchner et al
Plaintiff: Kwench Juice Franchising Inc.
Defendant: Tara Mitchner and Alchemy Services, LLC
Case Number: 1:2021cv12015
Filed: December 10, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: Judith G Dein
Referring Judge: Indira Talwani
Nature of Suit: Contract: Franchise
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2021 Filing 12 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 12/14/2021 re #6 MOTION for Temporary Restraining Order (Ex Parte) filed by Kwench Juice Franchising Inc. Case called. Court had colloquy with counsel. While the TRO will not issue, Plaintiff's counsel are directed to contact Defense counsel and advise them that the Defendants are enjoined from the use of the Kwench marks on the website. The MOTION for Temporary Restraining Order (Ex Parte) by Kwench Juice Franchising Inc. #6 is denied without prejudice and may be refiled in the event the website is not promptly taken down. Any further relief sought must include notice to the other side. Any further hearings will be virtual, and Plaintiff must give notice to Defendants of any further hearings. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Roger L. Smerage) (MacDonald, Gail)
December 13, 2021 Filing 11 ELECTRONIC NOTICE Setting Hearing on Motion #6 MOTION for Temporary Restraining Order (Ex Parte) : Motion Hearing set for 12/14/2021 09:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
December 13, 2021 Filing 10 ELECTRONIC NOTICE of Case RE-Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary)
December 10, 2021 Filing 9 Summons Issued as to Alchemy Services, LLC, Tara Mitchner. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin)
December 10, 2021 Filing 8 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Smerage, Roger)
December 10, 2021 Filing 7 MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order (Ex Parte) filed by Kwench Juice Franchising Inc.. (Attachments: #1 Appendix of Unpublished Cases)(Smerage, Roger)
December 10, 2021 Filing 6 MOTION for Temporary Restraining Order (Ex Parte) by Kwench Juice Franchising Inc.. (Attachments: #1 Text of Proposed Order Proposed Temporary Restraining Order)(Smerage, Roger)
December 10, 2021 Filing 5 NOTICE of Case Assignment. Magistrate Judge Judith G. Dein assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary)
December 10, 2021 Filing 4 CORPORATE DISCLOSURE STATEMENT by Kwench Juice Franchising Inc.. (Smerage, Roger)
December 10, 2021 Filing 3 NOTICE of Appearance by Jeremy Y. Weltman on behalf of Kwench Juice Franchising Inc. (Weltman, Jeremy)
December 10, 2021 Filing 2 NOTICE of Appearance by Roger L. Smerage on behalf of Kwench Juice Franchising Inc. (Smerage, Roger)
December 10, 2021 Filing 1 COMPLAINT (Verified) against All Defendants Filing fee: $ 402, receipt number AMADC-9093767 (Fee Status: Filing Fee paid), filed by Kwench Juice Franchising Inc.. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Demand to Cure, #3 Exhibit C - November 15, 2021 Letter, #4 Exhibit D - Website Printout, #5 Exhibit E - Order Now Printout, #6 Exhibit F - Facebook Printout, #7 Civil Cover Sheet, #8 D. Mass. Category Form)(Smerage, Roger)

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Plaintiff: Kwench Juice Franchising Inc.
Represented By: Jeremy Y. Weltman
Represented By: Roger L. Smerage
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Defendant: Tara Mitchner
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Defendant: Alchemy Services, LLC
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