H&R Block Tax Services LLC v. Marking et al
Plaintiff: H&R Block Tax Services LLC
Defendant: Virginia Iline Marking and VIM, LLC
Case Number: 4:2022cv00073
Filed: February 3, 2022
Court: US District Court for the Western District of Missouri
Presiding Judge: Stephen R Bough
Referring Judge: Beth Phillips
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2022 Filing 31 RETURN OF SERVICE (non cmp) re #30 Order on Motion to Expedite, served on 3/30/2022. (Woods, Gloria)
March 30, 2022 ***Remark: On 3/29/2022, certified copies of Doc. 30 (Order) and a USM-285 form were hand-delivered to the U.S. Marshal's Office by a case processor. (Melvin, Greg)
March 29, 2022 Filing 30 'ORDER granting in part #29 Plaintiff's Motion to Expedite, (Doc. 29), is GRANTED IN PART and Defendants Virginia Iline Marking and VIM, LLC are ORDERED to show cause, in writing, why Plaintiffs Motion for Contempt should not be granted in its entirety. Pursuant to this Order, Defendants must, no later than 5:00 p.m. on Tuesday, April 5, 2022. Signed on 3/29/22 by Chief District Judge Beth Phillips. (Cordell, Annette) (Main Document 30 replaced on 3/29/2022) (Cordell, Annette).
March 29, 2022 Defendants' Show Cause Response due by 4/5/2022 by 5:00 PM. (Cordell, Annette)
March 28, 2022 Filing 29 MOTION to expedite Motion for Expedited Response to Plaintiff's Motion for Contempt of Preliminary Injunction filed by Anthony J. Durone on behalf of H&R Block Tax Services LLC. Suggestions in opposition/response due by 4/11/2022 unless otherwise directed by the court. (Durone, Anthony)
March 28, 2022 Filing 28 SUGGESTIONS in support re #27 MOTION for order Plaintiff's Motion for Contempt of Preliminary Injunction filed by Anthony J. Durone on behalf of Plaintiff H&R Block Tax Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #27 ) (Durone, Anthony)
March 28, 2022 Filing 27 MOTION for order Plaintiff's Motion for Contempt of Preliminary Injunction filed by Anthony J. Durone on behalf of H&R Block Tax Services LLC. Suggestions in opposition/response due by 4/11/2022 unless otherwise directed by the court. (Durone, Anthony)
March 16, 2022 Filing 26 ACKNOWLEDGEMENT OF SERVICE executed March 4, 2022 Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony)
March 16, 2022 Filing 25 MAIL RETURNED as undeliverable. Mail sent to VIM, LLC, c/o Virginia Marking, 873 Kottke Dr., Madison, WI.(Related document(s) #18 Order Granting Plaintiff's Motion for Preliminary Injunction)) (Cordell, Annette)
March 11, 2022 Filing 24 MAIL RETURNED as undeliverable. Mail sent to VIM, LLC, c/o U.S. Corporation Agents, Inc. (Attachments: #1 Envelope, #2 Envelope)(Related document(s) #13 ) (Melvin, Greg)
March 7, 2022 Filing 23 MAIL RETURNED as undeliverable. Mail sent to VIM, LLC, c/o Virginia Marking, 873 Kottke Drive, Madison, WI. (Related document(s) #13 ) (Cordell, Annette)
March 7, 2022 Filing 22 NOTICE of filing Surety Bond by H&R Block Tax Services LLC re #18 Order on Motion for TRO. (Crocker, Susan)
March 3, 2022 Filing 21 NOTICE of filing by Pro Se Defendant. (Attachments: #1 Envelope)(Kern, Kendra)
March 3, 2022 Filing 20 PLAINTIFF'S EXHIBIT INDEX by H&R Block Tax Services LLC. (Murphy-Carr, Shauna)
March 3, 2022 Filing 19 Minute Entry. Proceedings held before Chief District Judge Beth Phillips: MOTION HEARING held on 3/3/2022 re #2 MOTION for temporary restraining order and Preliminary Injunction filed by H&R Block Tax Services LLC. Counsel appearing for Plaintiff(s): Anthony J. Durone and Kimberly Bartels. No Counsel or parties present for Defendant(s). Time in court: 1:34 p.m. to 2:07 p.m.. Record made as to finding of proper notice and service. Witness Shalisha Wood testifies - 1:42 p.m. to 2:06 p.m.Plaintiff's exhibits 1-16 offered and admitted. Written order to issue with Court's ruling. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
March 3, 2022 Opinion or Order Filing 18 ORDER GRANTING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION #2 . Defendants are ordered to perform all of their contractual obligations to H&R Block Tax Services, LLC. See Order for details. Signed on 3/3/22 by Chief District Judge Beth Phillips. A copy of this Order was mailed via regular US Mail on 3/3/22 to: 1) Virginia Marking, 204 W. Main St., Waunakee, WI 53597; 2) VIM, LLC, c/o United States Corporation Agents, Inc., 2761 Allied Street, 1st FL, Green Bay, WI 54304; 3) VIM, LLC, c/o Virginia Marking, 204 W. Main St., Waunakee, WI 53597; 4) Virginia Marking, 873 Kottke Drive, Madison, WI 53719, and 5) VIM, LLC, c/o Virginia Marking, 873 Kottke Drive, Madison, WI 53719, and via email to gin1776@gmail.com, Hrblock.waunakee@gmail.com, and Tax@ginstax.com. (Cordell, Annette)
March 2, 2022 Filing 17 PROPOSED EXHIBIT LIST by H&R Block Tax Services LLC. (Durone, Anthony)
March 2, 2022 Filing 16 PROPOSED WITNESS LIST by H&R Block Tax Services LLC . (Durone, Anthony)
February 25, 2022 Filing 15 MAIL RETURNED as undeliverable. Mail sent to Virginia Marking, 873 Kittke Drive, Madison, WI 53719, (Related document(s) #13 Order Setting Hearing) returned. (Cordell, Annette)
February 17, 2022 Filing 14 ACKNOWLEDGEMENT OF SERVICE executed VIM, LLC Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony)
February 16, 2022 Opinion or Order Filing 13 ORDER ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER (Doc #2 ). A hearing will be conducted on Plaintiff's Motion for Temporary Restraining Order at 1:30 p.m. on March 3, 2022. The hearing will take place in Courtroom 7A at the United States Courthouse in Kansas City, Missouri. Signed on 2/16/22 by Chief District Judge Beth Phillips. A copy of this Order was mailed via regular US Mail on 2/16/22 to: 1) Virginia Marking, 204 W. Main St., Waunakee, WI 53597; 2) VIM, LLC, c/o United States Corporation Agents, Inc., 2761 Allied Street, 1st FL, Green Bay, WI 54304; 3) VIM, LLC, c/o Virginia Marking, 204 W. Main St., Waunakee, WI 53597; 4) Virginia Marking, 873 Kottke Drive, Madison, WI 53719, and 5) VIM, LLC, c/o Virginia Marking, 873 Kottke Drive, Madison, WI 53719, and via email to gin1776@gmail.com and Hrblock.waunakee@gmail.com. (Cordell, Annette)
February 14, 2022 SUMMONS ISSUED as to VIM, LLC. (Woods, Gloria)
February 10, 2022 Filing 12 ACKNOWLEDGEMENT OF SERVICE executed VIM, LLC Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony)
February 9, 2022 Filing 11 ACKNOWLEDGEMENT OF SERVICE executed Virginia Marking Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony)
February 8, 2022 Opinion or Order Filing 10 ORDER CANCELING HEARING. The hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction set for February 22, 2022, is CANCELED. See Order for details. Signed on 2/8/22 by Chief District Judge Beth Phillips. (Cordell, Annette)
February 8, 2022 Filing 9 NOTICE OF REASSIGNMENT. Per ORDER OF RECUSAL, docket entry 8, this case is reassigned to the Honorable Beth Phillips for all further proceedings. Please note the new case number: 4:22-00073-CV-W-BP. This is a TEXT ONLY ENTRY. No document is attached. (Jones, Robin)
February 8, 2022 Opinion or Order Filing 8 ORDER OF RECUSAL. The Clerk of Court is directed to randomly reassign this case for all further proceedings. Signed on 2/8/22 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
February 8, 2022 Filing 7 ADMINISTRATIVE TRANSFER. Due to a conflict of interest by the Honorable Stephen R. Bough, this case has been randomly reassigned to the Honorable Fernando J. Gaitan, Jr. for all further proceedings. Please note the new case number: 4:22-00073-CV-W-FJG. This is a TEXT ONLY ENTRY. No document is attached. (Jones, Robin)
February 8, 2022 NOTICE OF HEARING CANCELLATION - The hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction scheduled for February 22, 2022 has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
February 4, 2022 Opinion or Order Filing 6 ORDER: Oral Argument re: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2) is set for 2/22/2022 at 1:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 2/4/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
February 4, 2022 Filing 5 DISCLOSURE OF CORPORATE INTERESTS filed by Anthony J. Durone on behalf of Plaintiff H&R Block Tax Services LLC.(Durone, Anthony)
February 4, 2022 Filing 4 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 Program Director. (Attachments: #1 MAP General Order)(Woods, Gloria)
February 4, 2022 SUMMONS ISSUED as to Virginia Iline Marking. (Woods, Gloria)
February 4, 2022 SUMMONS ISSUED as to Virginia Iline Marking, VIM, LLC. (Woods, Gloria)
February 3, 2022 Filing 3 SUGGESTIONS in support re #2 MOTION for temporary restraining order and Preliminary Injunction filed by Anthony J. Durone on behalf of Plaintiff H&R Block Tax Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #2 ) (Durone, Anthony)
February 3, 2022 Filing 2 MOTION for temporary restraining order and Preliminary Injunction filed by Anthony J. Durone on behalf of H&R Block Tax Services LLC. Suggestions in opposition/response due by 2/17/2022 unless otherwise directed by the court. (Durone, Anthony)
February 3, 2022 Filing 1 COMPLAINT against Virginia Iline Marking, VIM, LLC filed by Anthony J. Durone on behalf of H&R Block Tax Services LLC. Filing fee $402, receipt number AMOWDC-7788795. Service due by 5/4/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Durone, Anthony) (Additional attachment(s) added on 2/4/2022: #12 Civil Cover Sheet) (Woods, Gloria).

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Plaintiff: H&R Block Tax Services LLC
Represented By: Anthony J. Durone
Represented By: Benjamin B Donovan
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Defendant: Virginia Iline Marking
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Defendant: VIM, LLC
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