Pitcairn Franchise Development, LLC v. JTH Tax LLC d/b/a/ Liberty Tax Service
Plaintiff: Pitcairn Franchise Development, LLC
Defendant: JTH Tax LLC d/b/a/ Liberty Tax Service
Case Number: 2:2021cv10550
Filed: March 12, 2021
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Kimberly G Altman
Referring Judge: Sean F Cox
Nature of Suit: Contract: Franchise
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2021 Filing 18 REPLY to Response re #11 MOTION to Dismiss for Lack of Personal Jurisdiction and Failure to State Claims filed by JTH Tax LLC d/b/a/ Liberty Tax Service. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Central Transport Inc v. Four Phase Systems Inc., #3 Exhibit 2 - Begala v. PNC Bank Ohio Nat. Assn.) (Siachos, Peter)
April 21, 2021 Filing 17 RESPONSE to #11 MOTION to Dismiss for Lack of Personal Jurisdiction and Failure to State Claims filed by Pitcairn Franchise Development, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Verified Complaint, #3 Exhibit 2 - Liberty Tax Webpage, #4 Exhibit 3 - Liberty Tax Locations, #5 Exhibit 4 - MI AG Webpage What if I...., #6 Exhibit 5 - MI Corp Cert and Annual Statement, #7 Exhibit 6 - Lanier b. American Bd. of Endodontics, #8 Exhibit 7 - W.J. O'Neil Co. v. Shepley...., #9 Exhibit 8 - Shavers v. Attorney General) (Kennedy, Jeremy)
April 16, 2021 Filing 16 REPLY to Response re #10 MOTION for Preliminary Injunction filed by Pitcairn Franchise Development, LLC. (Kennedy, Jeremy)
April 13, 2021 Filing 15 NOTICE OF HEARING BY VIDEO CONFERENCE on #8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a). Motion Hearing set for 5/20/2021 at 04:00 PM before District Judge Sean F. Cox |Zoom Webinar Information: https://www.zoomgov.com/j/1610045414?pwd=MDNRd2Z5ZXJnNmNROUYvUWZiVzFxdz09 Passcode: 902144 Or iPhone one-tap : US: +16692545252,,1610045414# or +16468287666,,1610045414#| (JMcC)
April 12, 2021 Filing 14 REPLY to Response re #8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) filed by JTH Tax LLC d/b/a/ Liberty Tax Service. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2) (Siachos, Peter)
April 9, 2021 Filing 13 RESPONSE to #10 MOTION for Preliminary Injunction filed by JTH Tax LLC d/b/a/ Liberty Tax Service. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Siachos, Peter)
April 5, 2021 Filing 12 RESPONSE to #8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) filed by Pitcairn Franchise Development, LLC. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Ex. 1 - 2008 Area Development Agreement, #3 Exhibit Ex. 2 - Pitcairn Michigan corporate filings, #4 Exhibit Ex. 3 - Liberty Web Page, #5 Exhibit Ex. 4 - JTH Tax LLC's Michigan corporate filing, #6 Exhibit Ex. 5 - Declaration of Peter Ziolkowski, #7 Exhibit Ex. 6 - Declaration of John T. Hewitt, #8 Exhibit Ex. 7 - Assignments and Amendments to ADAs, #9 Exhibit Ex. 8 - Demand in Arbitration, #10 Exhibit Ex. 9 - Amendment to Area Developer Agmt, #11 Exhibit Ex. 10 - Amended Demand in Arbitration, #12 Exhibit Ex. 11 - 02-06-2021 Termination Letter, #13 Exhibit Ex. 12 - Ward's Equip v. New Holland N. Am, #14 Exhibit Ex. 13 - Malpractice Research, Inc. v. Norman, #15 Exhibit Ex. 14 - Chrysler Corp. v. Skyline Indus. Servs) (Kennedy, Jeremy)
April 1, 2021 Filing 11 MOTION to Dismiss for Lack of Personal Jurisdiction and Failure to State Claims by JTH Tax LLC d/b/a/ Liberty Tax Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Siachos, Peter)
March 30, 2021 Filing 10 MOTION for Preliminary Injunction by Pitcairn Franchise Development, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit Plaintiff's Verified Complaint, #3 Exhibit 2008 Area Development Agreement, #4 Exhibit 02-2018 Amendment to Area Development Agreement, #5 Exhibit 02-06-2021 Termination Letter, #6 Exhibit Declaration of Peter Ziolkowski, #7 Exhibit Declaration of John T. Hewitt, #8 Exhibit Declaration of Faith Leek, #9 Exhibit Revised Area Development Agreement, #10 Exhibit Winter v. NRDC, Inc., #11 Exhibit Certified Restoration v. Tenke Corp, #12 Exhibit Tumblebus Inc. v. Cranmer) (Kennedy, Jeremy)
March 26, 2021 Opinion or Order Filing 9 STIPULATION AND ORDER Regarding Temporary Restraining Order. Signed by District Judge Sean F. Cox. (JMcC)
March 22, 2021 Filing 8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) by JTH Tax LLC d/b/a/ Liberty Tax Service. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Final Arbitration Order and Award on Parties Cross-Motions for Summary Judgment in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., AAA No. 1-17-0007-4284 (filed Feb. 5, 2021), #3 Exhibit 2 - 2008 Area Developer Agreement dated February 29, 2008, #4 Exhibit 3 - 2007 Area Developer Agreement dated December 31, 2007, #5 Exhibit 4 - Cover Sheet and Demand for Arbitration in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., AAA No. 1-17-0007-4284 (filed Dec. 12, 2021), #6 Exhibit 5 - Complaint in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., No. 2:17cv640 (E.D. Va. filed Dec. 12, 2017), #7 Exhibit 6 - Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction Pending Arbitration in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., No. 2:17cv640 (E.D. Va. filed Dec. 12, 2017), #8 Exhibit 7 - Order for Preliminary Injunction Pending Arbitration in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., AAA No. 1-17-0007- 4284 (filed Jan. 19, 2018), #9 Exhibit 8 - Amended Demand in Arbitration in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., AAA No. 1-17-0007-4284 (filed Sept. 23, 2020), #10 Exhibit 9 - Memorandum of Law in Support of Claimants Motion for Summary Judgment in Pitcairn Franchise Development, LLC v. JTH Tax, Inc., AAA No. 1-17-0007-4284 (Nov. 25, 2020), #11 Exhibit 10 - Atlantic Marine Constr. Co. v. United States District Court, 571 U.S. 4 (2013), #12 Exhibit 11 - Moore v. Katin-Borland, No. 20-10277, 2020 WL 5531501 (E.D. Mich. Sept. 14, 2020), #13 Exhibit 12 - Browning v. Levy, 283 F.3d 761 (6th Cir. 2002)) (Siachos, Peter)
March 18, 2021 Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 3/18/2021. (Court Reporter: None Present, Not on the Record) (JMcC) Modified on 3/25/2021 (JMcC).
March 18, 2021 Filing 7 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 3/18/2021 at 04:00 PM before District Judge Sean F. Cox (JMcC)
March 17, 2021 Filing 6 NOTICE of Appearance by Peter George Siachos on behalf of JTH Tax LLC d/b/a/ Liberty Tax Service. (Siachos, Peter)
March 17, 2021 Opinion or Order Filing 5 ORDER Following 3/16/2021 Status Conference. (Hearing re Motion for Preliminary Injunction set for 6/3/2021 03:00 PM before District Judge Sean F. Cox) Signed by District Judge Sean F. Cox. (JMcC)
March 16, 2021 Filing 4 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Pitcairn Franchise Development, LLC (Kennedy, Jeremy)
March 16, 2021 Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 3/16/2021. (JMcC)
March 12, 2021 Filing 3 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 3/16/2021 at 03:30 PM before District Judge Sean F. Cox (JMcC)
March 12, 2021 Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by JTH Tax LLC d/b/a/ Liberty Tax Service identifying Corporate Parent Franchise Group, Inc., Other Affiliate B. Riley Financial, Inc. for JTH Tax LLC d/b/a/ Liberty Tax Service. (Eckerly, Ashley)
March 12, 2021 Filing 1 NOTICE OF REMOVAL by JTH Tax LLC d/b/a/ Liberty Tax Service from 22nd Circuit Court for the County of Washtenaw, case number Case Number 21-000254-CB. Receipt No: AMIEDC-8384304 - Fee: $ 402 [Previously dismissed case: No] [Possible companion case(s): American Arbitration Association, 01-17-0007-4284, Judge Arbitrator Peter Kupelian] (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Summons, #3 Exhibit C - All process, pleadings and orders for the underlying State Court matter, #4 Exhibit D - Notice to State Court of Notice of Removal) (Eckerly, Ashley)

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Defendant: JTH Tax LLC d/b/a/ Liberty Tax Service
Represented By: Ashley F. Eckerly
Represented By: Peter George Siachos
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Plaintiff: Pitcairn Franchise Development, LLC
Represented By: Jeremy C. Kennedy
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