Andy's Frozen Custard, Inc. et al v. Johnston et al
| Andy's Frozen Custard, Inc., Andy's Frozen Custard Franchising and Andy's Frozen Custard Franchising, LLC |
| Andy's Pizza, L.L.C., Beth Johnston doing business as Addy's Pizza, Beth Johnston d/b/a Addy's Pizza doing business as Addy's Pizza, Andrew A Naeger and St Robert Pizza, Inc. doing business as Andys Pizza |
| 2:2020cv04258 |
| December 30, 2020 |
| US District Court for the Western District of Missouri |
| M Douglas Harpool |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
Filing 13
RULE 16 NOTICE. Proposed scheduling order due by 4/6/2021. Rule 26 conference due by 3/22/2021. Signed on 2/19/21 by District Judge M. Douglas Harpool. (View, Pat)
|
| Filing 12 SUGGESTIONS in support re #11 MOTION to dismiss case First Amended Complaint filed by Sara Weilert Gillette on behalf of Defendants Beth Johnston, Andrew A Naeger, St Robert Pizza, Inc.. (Related document(s) #11 ) (Gillette, Sara Weilert) |
| Filing 11 MOTION to dismiss case First Amended Complaint filed by Sara Weilert Gillette on behalf Beth Johnston, Andrew A Naeger, St Robert Pizza, Inc.. Suggestions in opposition/response due by 3/4/2021 unless otherwise directed by the court. (pty:dft))(Gillette, Sara Weilert) Modified on 2/19/2021 to correct names of party and counsel only. NEF regenerated to all parties. (Kern, Kendra) |
|
Filing 10
ORDER granting #8 unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Defendant Beth Johnston has up to and including 3/8/2021 to answer or otherwise respond to Plaintiff's complaint. This is a TEXT ONLY ENTRY. No document is attached. (Roubal, Kristen)
|
| SUMMONS ISSUED as to Andrew A Naeger, and St Robert Pizza, Inc. Emailed to plaintiff's counsel. (Berner, Crystal) |
| Filing 9 AMENDED COMPLAINT against Beth Johnston, Andrew A Naeger, St Robert Pizza, Inc. filed by James J. Kernell on behalf of Andy's Frozen Custard Franchising, LLC, Andy's Frozen Custard, Inc.. (Attachments: #1 Exhibit A: US Reg No 3097085, #2 Exhibit B: 01282019 C&D letter to B. Johnston, #3 Exhibit C: 02082019 letter from B. Johnston, #4 Exhibit D: Addy's & Andy's Facebook pages, #5 Exhibit E: Page from Addy's & Andy's Facebook)(Kernell, James) |
| Filing 8 MOTION for extension of time to file answer re #1 Complaint,, filed by Sara Weilert Gillette on behalf of Beth Johnston. Suggestions in opposition/response due by 2/18/2021 unless otherwise directed by the court. (Related document(s) #1 ) (Gillette, Sara Weilert) |
| Filing 7 NOTICE of appearance by Sara Weilert Gillette on behalf of Beth Johnston (Attorney Sara Weilert Gillette added to party Beth Johnston(pty:dft))(Gillette, Sara Weilert) |
| Filing 6 NOTICE of appearance by Meredith Ashlee Webster on behalf of Beth Johnston (Attorney Meredith Ashlee Webster added to party Beth Johnston(pty:dft))(Webster, Meredith) |
| Filing 5 RETURN OF SERVICE of complaint executed by Andy's Frozen Custard Franchising, LLC, Andy's Frozen Custard, Inc.. Andy's Pizza, L.L.C. served on 1/14/2021, answer due 2/4/2021. (Kernell, James) |
| Filing 4 RETURN OF SERVICE of complaint executed by Andy's Frozen Custard Franchising, LLC, Andy's Frozen Custard, Inc.. Beth Johnston served on 1/15/2021, answer due 2/5/2021. (Kernell, James) |
| SUMMONS REISSUED as to Andy's Pizza, L.L.C. and emailed to plaintiff's counsel. (Lock, Tania) |
| Filing 3 Report on the filing of an action regarding trademark number(s) 3,097,085. Plaintiff(s): Andy's Frozen Custard, Inc. and Andy's Frozen Custard Franchising, LLC Lead Attorney for Plaintiff(s): James Kernell and Kyle Donnelly, Erickson Kernell IP, LLC, 8900 State Line Road, Suite 500, Leawood, Kansas 66206 Defendant(s): Beth Johnston and Andy's Pizza, L.L.C. Lead Attorney for Defendant(s): unknown The civil complaint is attached. (Attachments: #1 Complaint) (Warren, Melissa) |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Warren, Melissa) |
| ELECTRONIC SUMMONS ISSUED as to Andy's Pizza, L.L.C. and Beth Johnston and emailed to plaintiff's counsel. (Lock, Tania) |
| Filing 1 COMPLAINT against Andy's Pizza, L.L.C., Beth Johnston filed by James J. Kernell on behalf of Andy's Frozen Custard, Inc., Andy's Frozen Custard Franchising. Filing fee $402, receipt number 2531986. Service due by 3/30/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A: US Reg No 3097085, #2 Exhibit B: 01282019 C&D letter to B. Johnston, #3 Exhibit C: 02082019 letter from B. Johnston, #4 Exhibit D: Addy's & Andy's Facebook pages, #5 Civil Cover Sheet Civil Cover Sheet)(Kernell, James) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
