Allied Services, LLC v. Smash My Trash, LLC et al
Plaintiff: Allied Services, LLC and Allied Services, LLC doing business as Republic Services of Kansas City
Defendant: SMASH FRANCHISE PARTNERS, LLC, SMT KC LLC and SMASH MY TRASH, LLC
Case Number: 4:2021cv00249
Filed: April 13, 2021
Court: US District Court for the Western District of Missouri
Presiding Judge: Stephen R Bough
Nature of Suit: Personal Property: Other
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2021 Opinion or Order Filing 24 Before the Court is Plaintiff's Unopposed Motion for Extension of Time to File its Suggestions Opposing Defendants' Motion to Dismiss. (Doc. #23.) For good cause shown the motion is GRANTED. Plaintiff shall file its suggestions in opposition on or before June 28, 2021. Signed on 6/2/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
June 2, 2021 Opinion or Order Filing 23 Consent MOTION for extension of time for Plaintiff's to File its Suggestions Opposing Defendants' Motion to Dismiss filed by Melissa Hoag Sherman on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/16/2021 unless otherwise directed by the court. (Sherman, Melissa)
May 24, 2021 Opinion or Order Filing 22 NOTICE of filing exhibits by SMT KC LLC, Smash Franchise Partners, LLC, Smash My Trash, LLC re #21 Suggestions in Support of Motion, (Attachments: #1 Exhibit A, #2 Exhibit B)(Raupp, Michael)
May 24, 2021 Opinion or Order Filing 21 SUGGESTIONS in support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counts II, III, IV and V of Plaintiff's Complaint) of Defendants Smash Franchise Partners, LLC and SMT KC LLC and Motion for Dismissal for Lack of Personal Jurisdiction of Defendant Smash My Trash filed by Michael Thomas Raupp on behalf of Defendants SMT KC LLC, Smash Franchise Partners, LLC, Smash My Trash, LLC. (Related document(s) #20 ) (Raupp, Michael)
May 24, 2021 Opinion or Order Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counts II, III, IV and V of Plaintiff's Complaint) of Defendants Smash Franchise Partners, LLC and SMT KC LLC and Motion for Dismissal for Lack of Personal Jurisdiction of Defendant Smash My Trash, LLC filed by Michael Thomas Raupp on behalf of All Defendants. Suggestions in opposition/response due by 6/7/2021 unless otherwise directed by the court. (Raupp, Michael)
May 5, 2021 Opinion or Order Filing 19 Before the Court is Defendants Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiffs Complaint. (Doc. #18.) For good cause shown the motion is GRANTED. Defendants shall file their answer or other response to the Complaint on or before May 24, 2021. Signed on 5/5/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
May 5, 2021 Opinion or Order Filing 18 Consent MOTION for extension of time to file answer re #2 Complaint, filed by Michael Thomas Raupp on behalf of All Defendants. Suggestions in opposition/response due by 5/19/2021 unless otherwise directed by the court. (Related document(s) #2 ) (Raupp, Michael)
April 28, 2021 Opinion or Order Filing 17 ORDER denying #1 Plaintiff's Motion for Temporary RestrainingOrder and Preliminary Injunction. Signed on 4/28/2021 by District Judge Stephen R. Bough. (Richard, Tracey)
April 27, 2021 Opinion or Order Filing 16 REPLY SUGGESTIONS to motion re #1 MOTION for temporary restraining order filed by Melissa Hoag Sherman on behalf of Plaintiff Allied Services, LLC. (Related document(s) #1 ) (Sherman, Melissa)
April 21, 2021 Opinion or Order Filing 15 PLAINTIFF's EXHIBIT INDEX - Allied Services, LLC. (Richard, Tracey)
April 21, 2021 Opinion or Order Filing 14 Minute Entry. Proceedings held before District Judge Stephen R. Bough: ORAL ARGUMENT held on 4/21/2021. Parties appear in person for a hearing on Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction. (Doc. # 1). Plaintiff calls Katie Counsel. Witness sworn. Direct examination 8:56 a.m. Cross examination 9:30 a.m. Redirect examination 9:41 a.m. Court questions witness 9:45 a.m. Witness excused 9:46 a.m. Arguments held. Order to be entered. Time in court: 8:50 a.m. to 10:20 a.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
April 20, 2021 Opinion or Order Filing 13 SUGGESTIONS in opposition re #1 MOTION for temporary restraining order filed by Jeffrey J. Simon on behalf of Defendants SMT KC LLC, Smash Franchise Partners, LLC, Smash My Trash, LLC. Reply suggestions due by 5/4/2021 unless otherwise directed by the court. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Related document(s) #1 ) (Simon, Jeffrey)
April 20, 2021 Opinion or Order Filing 12 ORDER granting #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Marion H. Little, Jr for SMT KC LLC, Smash Franchise Partners, LLC, and Smash My Trash, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
April 20, 2021 Opinion or Order Filing 11 Motion to allow Marion H. Little, Jr. to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7384984) filed by Michael Thomas Raupp on behalf of Smash Franchise Partners, LLC, Smash My Trash, LLC. (Raupp, Michael)
April 20, 2021 Opinion or Order Filing 10 NOTICE of appearance by Michael Thomas Raupp on behalf of All Defendants (Attorney Michael Thomas Raupp added to party SMT KC LLC(pty:dft), Attorney Michael Thomas Raupp added to party Smash Franchise Partners, LLC(pty:dft), Attorney Michael Thomas Raupp added to party Smash My Trash, LLC(pty:dft))(Raupp, Michael)
April 20, 2021 Opinion or Order Filing 9 NOTICE of appearance by Jeffrey J. Simon on behalf of All Defendants (Attorney Jeffrey J. Simon added to party SMT KC LLC(pty:dft), Attorney Jeffrey J. Simon added to party Smash Franchise Partners, LLC(pty:dft), Attorney Jeffrey J. Simon added to party Smash My Trash, LLC(pty:dft))(Simon, Jeffrey)
April 19, 2021 Opinion or Order Filing 8 RETURN OF SERVICE of complaint executed by Allied Services, LLC. Smash My Trash, LLC served on 4/16/2021, answer due 5/7/2021. (Sherman, Melissa)
April 19, 2021 Opinion or Order Filing 7 RETURN OF SERVICE of complaint executed by Allied Services, LLC. Smash Franchise Partners, LLC served on 4/16/2021, answer due 5/7/2021. (Sherman, Melissa)
April 19, 2021 Opinion or Order SUMMONS REISSUED as to SMT KC LLC. (Woods, Gloria)
April 15, 2021 Opinion or Order SUMMONS ISSUED as to SMT KC LLC, Smash Franchise Partners, LLC, Smash My Trash, LLC. (Woods, Gloria)
April 14, 2021 Opinion or Order Filing 6 Report on the filing of an action regarding trademark number(s) not provided. Plaintiff(s): Allied Services, LLC Lead Attorney for Plaintiff(s): Melissa Hoag Sherman Spencer Fane LLP-OPKS 6201 College Boulevard Suite 500 Overland Park, KS 66211 913-327-5107 Fax: 913-345-0736 Email: msherman@spencerfane.com Defendant(s): Smash My Trash, LLC, et al The civil complaint is attached. (Attachments: #1 Complaint) (Woods, Gloria)
April 14, 2021 Opinion or Order Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Lajuana M. Counts. (Attachments: #1 MAP General Order)(Woods, Gloria)
April 14, 2021 Opinion or Order Filing 4 ORDER: It is hereby Ordered that a Temporary Restraining Order and Preliminary Injunction hearing is set for April 21, 2021 at 9:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Plaintiff Allied Services, LLC is directed to serve notice of the hearing on Defendants. Signed on 4/14/2021 by District Judge Stephen R. Bough. (Richard, Tracey)
April 13, 2021 Opinion or Order Filing 3 SUGGESTIONS in support re #1 MOTION for temporary restraining order filed by Melissa Hoag Sherman on behalf of Plaintiff Allied Services, LLC. (Related document(s) #1 ) (Sherman, Melissa)
April 13, 2021 Opinion or Order Filing 2 COMPLAINT against Allied Services, LLC filed by Melissa Hoag Sherman on behalf of Allied Services, LLC. Filing fee $402, receipt number AMOWDC-7375943. Service due by 7/12/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Sherman, Melissa)
April 13, 2021 Opinion or Order Filing 1 MOTION for temporary restraining order filed by Melissa Hoag Sherman on behalf of Allied Services, LLC. Suggestions in opposition/response due by 4/27/2021 unless otherwise directed by the court. (Attorney Melissa Hoag Sherman added to party Allied Services, LLC(pty:pla))(Sherman, Melissa)

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Defendant: SMASH FRANCHISE PARTNERS, LLC
Represented By: Michael Thomas Raupp
Represented By: Marion Homer Little, Jr.
Represented By: Jeffrey J. Simon
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Defendant: SMT KC LLC
Represented By: Michael Thomas Raupp
Represented By: Marion Homer Little, Jr.
Represented By: Jeffrey J. Simon
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Defendant: SMASH MY TRASH, LLC
Represented By: Michael Thomas Raupp
Represented By: Marion Homer Little, Jr.
Represented By: Jeffrey J. Simon
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Plaintiff: Allied Services, LLC
Represented By: Melissa Hoag Sherman
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Plaintiff: Allied Services, LLC doing business as Republic Services of Kansas City
Represented By: Melissa Hoag Sherman
Represented By: Douglas M Weems
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