Rise Above Fitness, Inc. et al v. Franchoice, Inc. et al
Plaintiff: Rise Above Fitness, Inc., Jennifer Macaluso and Salvatore Macaluso
Defendant: Franchoice, Inc. and Careyann Golliver
Case Number: 0:2019cv01435
Filed: May 30, 2019
Court: US District Court for the District of Minnesota
Presiding Judge: Michael J Davis
Referring Judge: Elizabeth Cowan Wright
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Filing 17 Reply to Response to Motion re #9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) Defendants' Reply Memorandum of Law in Support of Partial Motion to Dismiss filed by Franchoice, Inc., Careyann Golliver. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller-Van Oort, Sonia)
July 22, 2019 Filing 16 NOTICE of Appearance by Elliot R Ginsburg on behalf of Jennifer Macaluso, Salvatore Macaluso, Rise Above Fitness, Inc.. (Ginsburg, Elliot)
July 11, 2019 Filing 15 MEMORANDUM in Opposition re #9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by Jennifer Macaluso, Salvatore Macaluso, Rise Above Fitness, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Garner, W)
July 2, 2019 Opinion or Order Filing 14 ORDER REFERRING #9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) filed by Franchoice, Inc., Careyann Golliver to Judge Elizabeth Cowan Wright. Signed by Judge Michael J. Davis on 7/2/2019. (GRR)
June 28, 2019 Filing 13 PROPOSED ORDER TO JUDGE re #9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) filed by Franchoice, Inc., Careyann Golliver.(Miller-Van Oort, Sonia)
June 28, 2019 Filing 12 MEET and CONFER STATEMENT re #9 Motion to Dismiss/General filed by Franchoice, Inc., Careyann Golliver.(Miller-Van Oort, Sonia)
June 28, 2019 Filing 11 MEMORANDUM in Support re #9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) Defendants' Memorandum of Law in Support of Motion for Partial Dismissal Pursuant to Rule 12(b)(6) filed by Franchoice, Inc., Careyann Golliver. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller-Van Oort, Sonia)
June 28, 2019 Filing 10 NOTICE OF HEARING ON MOTION #9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) : Defendants' Notice of Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12 (b)(6) Motion Hearing set for 8/2/2019 at 09:30 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. (Miller-Van Oort, Sonia)
June 28, 2019 Filing 9 MOTION to Dismiss/General Defendants' Motion for Partial Dismissal of Amended Complaint Pursuant to Rule 12(b)(6) filed by Franchoice, Inc., Careyann Golliver. (Miller-Van Oort, Sonia)
June 28, 2019 Filing 8 NOTICE of Appearance by Sonia L Miller-Van Oort on behalf of Franchoice, Inc., Careyann Golliver. (Miller-Van Oort, Sonia)
June 24, 2019 Filing 7 SUMMONS Returned Executed by Rise Above Fitness, Inc., Jennifer Macaluso, Salvatore Macaluso. Franchoice, Inc. served on 6/4/2019, answer due 6/25/2019. (Garner, W)
June 14, 2019 Filing 6 AMENDED COMPLAINT against Franchoice, Inc., Careyann Golliver. filed by Rise Above Fitness, Inc., Jennifer Macaluso, Salvatore Macaluso. No summons requested. (Garner, W)
June 10, 2019 Filing 5 SUMMONS Returned Executed by Rise Above Fitness, Inc., Jennifer Macaluso, Salvatore Macaluso. Careyann Golliver served on 6/6/2019, answer due 6/27/2019. (Garner, W)
June 7, 2019 Opinion or Order Filing 4 ORDER OF REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Michael J. Davis and Magistrate Judge Elizabeth Cowan Wright for all further proceedings. Judge Susan Richard Nelson, Magistrate Judge David T. Schultz no longer assigned to case. NOTE: the new case number is 19-cv-1435 MJD/ECW. Please use this case number for all subsequent pleadings. Signed by Judge Michael J. Davis, Judge Susan Richard Nelson, Judge David S. Doty on 6/6/2019. Signed by Judge Eric C. Tostrud on 6/7/2019.(MMG)
May 31, 2019 Filing 3 Summons Issued as to Franchoice, Inc., Careyann Golliver. (CLK)
May 31, 2019 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per Civil (3rd, 4th - Master) list, referred to Magistrate Judge David T. Schultz. Please use case number 19-cv-1435 SRN/DTS. (CLK)
May 30, 2019 Filing 1 COMPLAINT against Franchoice, Inc., Careyann Golliver (filing fee $ 400, receipt number AMNDC-6905512) filed by Rise Above Fitness, Inc., Jennifer Macaluso, Salvatore Macaluso. Filer requests summons issued. (Attachments: #1 Summons and Complaint Summons - Franchoice, #2 Summons and Complaint Summons - Golliver, #3 Civil Cover Sheet) (Garner, W)

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Plaintiff: Rise Above Fitness, Inc.
Represented By: W Michael Garner
Represented By: Erin C. Johnsen
Represented By: Elliot R Ginsburg
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Plaintiff: Jennifer Macaluso
Represented By: W Michael Garner
Represented By: Erin C. Johnsen
Represented By: Elliot R Ginsburg
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Plaintiff: Salvatore Macaluso
Represented By: W Michael Garner
Represented By: Erin C. Johnsen
Represented By: Elliot R Ginsburg
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Defendant: Franchoice, Inc.
Represented By: Sonia L Miller-Van Oort
Represented By: Nicholas G Leonard
Represented By: Ryan O Vettleson
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Defendant: Careyann Golliver
Represented By: Sonia L Miller-Van Oort
Represented By: Nicholas G Leonard
Represented By: Ryan O Vettleson
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