H&R Block Tax Services LLC v. Marking et al
| H&R Block Tax Services LLC |
| Virginia Iline Marking and VIM, LLC |
| 4:2022cv00073 |
| February 3, 2022 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Beth Phillips |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 RETURN OF SERVICE (non cmp) re #30 Order on Motion to Expedite, served on 3/30/2022. (Woods, Gloria) |
| ***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) |
| 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). |
| Defendants' Show Cause Response due by 4/5/2022 by 5:00 PM. (Cordell, Annette) |
| 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) |
| 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) |
| 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) |
| Filing 26 ACKNOWLEDGEMENT OF SERVICE executed March 4, 2022 Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony) |
| 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) |
| 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) |
| 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) |
| Filing 22 NOTICE of filing Surety Bond by H&R Block Tax Services LLC re #18 Order on Motion for TRO. (Crocker, Susan) |
| Filing 21 NOTICE of filing by Pro Se Defendant. (Attachments: #1 Envelope)(Kern, Kendra) |
| Filing 20 PLAINTIFF'S EXHIBIT INDEX by H&R Block Tax Services LLC. (Murphy-Carr, Shauna) |
| 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) |
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)
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| Filing 17 PROPOSED EXHIBIT LIST by H&R Block Tax Services LLC. (Durone, Anthony) |
| Filing 16 PROPOSED WITNESS LIST by H&R Block Tax Services LLC . (Durone, Anthony) |
| 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) |
| Filing 14 ACKNOWLEDGEMENT OF SERVICE executed VIM, LLC Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony) |
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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)
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| SUMMONS ISSUED as to VIM, LLC. (Woods, Gloria) |
| Filing 12 ACKNOWLEDGEMENT OF SERVICE executed VIM, LLC Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony) |
| Filing 11 ACKNOWLEDGEMENT OF SERVICE executed Virginia Marking Acknowledgement filed by H&R Block Tax Services LLC. (Durone, Anthony) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
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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)
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| Filing 5 DISCLOSURE OF CORPORATE INTERESTS filed by Anthony J. Durone on behalf of Plaintiff H&R Block Tax Services LLC.(Durone, Anthony) |
| 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) |
| SUMMONS ISSUED as to Virginia Iline Marking. (Woods, Gloria) |
| SUMMONS ISSUED as to Virginia Iline Marking, VIM, LLC. (Woods, Gloria) |
| 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) |
| 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) |
| 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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