JTH Tax, Inc. v. Cole et. al.
| JTH Tax, Inc. d/b/a Liberty Tax Service, JTH Tax, Inc. and JTH Tax, Inc. doing business as Liberty Tax Service |
| Michelle Cole, MCAT of Nassau County LLC d/b/a MC Accounting and Tax Services, MCAT of Nassau LLC and MCAT of Nassau LLC doing business as MC Accounting and Tax Services |
| 2:2020cv00180 |
| January 9, 2020 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Contract:Franchise |
| None |
Docket Report
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| Filing 14 Minute Order for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TRO HEARING. Counsel For Plaintiff: Peter Siachos. Pro Se Defendant: Michelle Wilson f/k/a Michelle Cole. Motion Hearing held on 2/25/2020 at 1:00 PM. The parties have reached a resolution of this matter and agree to the following conditions as set forth on the record: Michelle Wilson, formerly known as Michelle Cole, agrees not to operate a competing tax preparation business within 22 miles of her former Liberty Tax location until July 1, 2021. Liberty agrees that the current locations of 405 RXR Plaza, 562 Ash Court, and 686 Jerusalem Avenue, all in Uniondale, NY, are satisfactory and in compliance with the restrictions in the Franchise Agreement. Ms. Wilson agrees not to use Liberty's Operation Manual or confidential and proprietary information. Ms. Wilson will remove the mention of Liberty Tax from the Yelp entry online. The phone numbers have already been relinquished and disconnected. The nonmonetary claims are hereby dismissed with prejudice. The claim of fines allegedly owed is dismissed without prejudice, to be dealt with, if at all, at a later date. The Clerk of the Court is directed to mail a copy of this to the pro se defendant at 562 Ash Court, Uniondale, NY, 11553, and mark this case closed. (Civil Case Terminated.)(FTR Log #1:45 2:05, 2:48 2:50.)(Ortiz, Grisel)(c/m) Modified on 2/26/2020 (Ortiz, Grisel). |
| Filing 13 AFFIDAVIT of Service for Motion for Temporary Restraining Order and Order of the Court served on Michelle Cole on February 22, 2020, filed by JTH Tax, Inc.. (Siachos, Peter) |
SCHEDULING ORDER: A conference concerning plaintiff's motion for a Temporary Restraining Order (ECF No. #12 ) is scheduled for Tuesday, February 25, 2020 at 1:00 pm in Courtroom 6E North of the Brooklyn Courthouse, located at 225 Cadman Plaza East, Brooklyn, NY, 11201. Plaintiff is directed to serve its motion papers and this Order on the defendants by 2/22/2020 via overnight mail, and, to the extent possible, via email, and file proof of service on the docket. Defendants are not required to submit anything in writing in advance of the conference, but should be prepared to show cause why a temporary restraining order should not be entered. Ordered by Judge Joan M. Azrack on 2/21/2020. (Gallagher, Erin)
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| Filing 12 MOTION for Temporary Restraining Order and Preliminary Injunction by JTH Tax, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Proposed Order) (Siachos, Peter) |
| Filing 11 AFFIDAVIT of Service for Docket Text Order served on Michelle Cole on 02/13/2020, filed by JTH Tax, Inc.. (Siachos, Peter) |
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ORDER granting #10 Motion for Extension of Time to Answer: Michelle Cole answer due 3/12/2020. Plaintiff's counsel is directed to serve a copy of this Order on Defendant Cole, and to file proof of service on the docket sheet, by February 14, 2020. So Ordered by Magistrate Judge Anne Y. Shields on 2/12/2020. (Minerva, Deanna)
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| Filing 10 Letter MOTION for Extension of Time to File Answer by Michelle Cole. (Tirado, Chelsea) |
| Filing 9 SUMMONS Returned Executed by JTH Tax, Inc.. Michelle Cole served on 1/22/2020, answer due 2/12/2020. (Siachos, Peter) |
| Filing 8 Summons Issued as to MCAT of Nassau LLC. (Ortiz, Grisel) |
| Filing 7 Summons Issued as to Michelle Cole. (Ortiz, Grisel) |
| Filing 6 Proposed Summons. by JTH Tax, Inc. (Siachos, Peter) |
| Filing 5 Proposed Summons. by JTH Tax, Inc. (Siachos, Peter) |
| Proposed summons is rejected; the form that is on the Court's website is to be utilized; Counsel is advised to submit another proposed summons using the event Proposed Summons/Civil Cover Sheet. (Ortiz, Grisel) |
| Filing 4 Proposed Summons. by JTH Tax, Inc. (Siachos, Peter) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Vanderbilt, Evelyn) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Vanderbilt, Evelyn) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Vanderbilt, Evelyn) |
| Filing 1 COMPLAINT against Michelle Cole, MCAT of Nassau County LLC d/b/a MC Accounting and Tax Services filing fee $ 400, receipt number ANYEDC-12236282 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by JTH Tax, Inc. d/b/a Liberty Tax Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (Siachos, Peter) |
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