JTH Tax LLC v. Serbus et al
| JTH Tax LLC, d/b/a Liberty Tax Service f/k/a JTH Tax, Inc. and JTH Tax LLC d/b/a Liberty Tax Service, f/k/a JTH Tax, Inc. |
| Jeffrey Serbus, CMB Tax Service, LLC and Cindy Serbus |
| 4:2021cv00022 |
| March 5, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 37
ORDER granting #36 Motion for Extension of Time. The time for Defendants to answer, move, or otherwise respond to Plaintiff's Amended Complaint (DE 9) is EXTENDED by thirty (30) days to and including May 5, 2021. Signed by Peter A. Moore, Jr., Clerk of Court on 3/30/2021. (Waddell, K.)
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Filing 36
First MOTION for Extension of Time to File Response/Reply filed by CMB Tax Service, LLC, Cindy Serbus, Jeffrey Serbus. (Attachments: #1 Text of Proposed Order Proposed Order) (Robertson, William)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #36 First MOTION for Extension of Time to File Response. (Waddell, K.)
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Filing 35
Notice of Special Appearance for non-district by Peter G. Siachos on behalf of JTH Tax LLC. (Siachos, Peter)
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Filing 34
ORDER: In light of this court's issuance of the parties' proposed Consent Order for Preliminary Injunction on March 23, 2021, Plaintiff' s Motion for Preliminary Injunction [DE 11] is DENIED AS MOOT. In addition, the motion hearing scheduled in this case on March 24, 2021 is vacated. Signed by Chief US District Judge Richard E. Myers II on 3/23/2021. (Waddell, K.)
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Filing 33
CONSENT ORDER FOR PRELIMINARY INJUNCTION. Signed by Chief US District Judge Richard E. Myers II on 3/23/2021. (Waddell, K.)
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Filing 32
Proposed Consent Order regarding #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo MOTION for Preliminary Injunction filed by JTH Tax LLC. (Becker, Allison)
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Document Submitted: #32 Consent Protective Order submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.)
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Document Submitted: #31 Notice of Intent to Offer Evidence submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.)
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Filing 31
Notice of Intent to offer evidence, filed by JTH Tax LLC regarding #13 Order Setting Hearing on Motion (Becker, Allison)
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Filing 30
ORDER regarding #28 Notice - other filed by Cindy Serbus, CMB Tax Service, LLC, Jeffrey Serbus. The court construes the Notice in part as a request for an order permitting Defendants to file a written response to the Plaintiff's Motion for Preliminary Injunction. For good cause shown, the request is GRANTED. On or before March 23, 2021 at 10:00 a.m., Defendants may file a written response to the Motion. Counsel is reminded to read the order in its entirety for detailed information. Signed by Chief Judge Richard E. Myers II on 3/19/2021. (Edwards, S.)
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Filing 29
ORDER granting #26 Motion for Remote Attendance regarding #13 Order Setting Hearing on Motion. Mr. Siachos may appear by video at the March 24, 2021 hearing. Instructions for appearance by video will be emailed to Mr. Siachos upon his notice of appearance before the hearing. Counsel is reminded to read the order in its entirety for detailed information. Signed by Chief Judge Richard E. Myers II on 3/19/2021. (Edwards, S.)
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Filing 28
Notice regarding live evidence, filed by CMB Tax Service, LLC, Cindy Serbus, Jeffrey Serbus regarding #13 Order Setting Hearing on Motion. (Robertson, William)
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Notice to Counsel regarding: #27 Proposed Order. Counsel is reminded that pursuant to Chief US District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.)
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Document Submitted: #28 Notice Regarding Live Evidence submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.)
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Motion Submitted to Chief US District Judge Richard E. Myers II regarding #26 MOTION for Remote Attendance regarding #13 Order Setting Hearing on Motion. (Waddell, K.)
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Filing 27
Proposed Order regarding #26 MOTION for Remote Attendance regarding #13 Order Setting Hearing on Motion,, filed by JTH Tax LLC. (Becker, Allison)
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Filing 26
MOTION for Remote Attendance regarding #13 Order Setting Hearing on Motion,, filed by JTH Tax LLC. (Becker, Allison)
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Filing 25
Financial Disclosure Statement by Jeffrey Serbus (Robertson, William)
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Filing 24
Financial Disclosure Statement by CMB Tax Service, LLC (Robertson, William)
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Filing 23
Financial Disclosure Statement by Cindy Serbus (Robertson, William)
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Filing 22
Notice of Appearance filed by Edwin L. West, III on behalf of All Defendants. (West, Edwin)
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Filing 21
Notice of Appearance filed by William A Robertson on behalf of All Defendants. (Robertson, William)
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Filing 20
Notice of Appearance filed by Eric M. David on behalf of All Defendants. (David, Eric)
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Filing 19
Certificate of Service filed by JTH Tax LLC regarding #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo MOTION for Preliminary Injunction . (Becker, Allison)
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Filing 18
CORRECTED AND REFILED AT #19 Certificate of Service filed by JTH Tax LLC regarding #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo MOTION for Preliminary Injunction . (Becker, Allison)
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NOTICE OF DEFICIENCY regarding #18 Certificate of Service. Counsel did not sign the document. Counsel is directed to refile the document. (Waddell, K.)
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Filing 17
Affidavit of Service for Plaintiff's Motion for status Quo temporary restraining order and Preliminary Injuction and Brief filed by JTH Tax LLC served on Cindy Serbus, Jeffrey Serbus and CMB Tax Service, LLC on March 15, 2021. (Becker, Allison)
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Filing 16
SUMMONS Returned Executed by JTH Tax LLC. CMB Tax Service, LLC served on 3/13/2021, answer due 4/3/2021. (Becker, Allison)
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Filing 15
SUMMONS Returned Executed by JTH Tax LLC. Jeffrey Serbus served on 3/13/2021, answer due 4/3/2021. (Becker, Allison)
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Filing 14
SUMMONS Returned Executed by JTH Tax LLC. Cindy Serbus served on 3/13/2021, answer due 4/3/2021. (Becker, Allison)
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Filing 13
ORDER regarding #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo MOTION for Preliminary Injunction. The motion is DENIED IN PART: the request for a temporary restraining order is DENIED and the request for a preliminary injunction is SET FOR HEARING on Wednesday, March 24, 2021, at 10:00 am before the undersigned. Plaintiff shall file a certificate of service on or before March 17, 2021 indicating that it has served a copy of this order, the motion, and the memorandum in support of the motion on the Defendants. Counsel is reminded to read the Order in its entirety for other critical information and deadlines. Signed by Chief US District Judge Richard E. Myers II on 3/15/2021. (Waddell, K.)
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Motion Submitted to Chief US District Judge Richard E. Myers II regarding #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo MOTION for Preliminary Injunction . (Waddell, K.)
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Notice to Counsel regarding: #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo, MOTION for Preliminary Injunction. Pursuant to Chief US District Judge Richard E. Myers II Practice Preferences, counsel shall email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.)
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Filing 12
Memorandum in Support regarding #11 Emergency MOTION for Temporary Restraining Order to Maintain Status Quo MOTION for Preliminary Injunction by JTH Tax LLC. (Becker, Allison)
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Filing 11
Emergency MOTION for Temporary Restraining Order to Maintain Status Quo, MOTION for Preliminary Injunction filed by JTH Tax LLC. (Attachments: #1 Text of Proposed Order Granting Status Quo TRO And Preliminary Injunction) (Becker, Allison)
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Filing 10
Summonses Issued as to CMB Tax Service, LLC, Cindy Serbus, and Jeffrey Serbus. *NOTICE: Counsel shall print the attached summonses and serve with other case related documents in accordance with Fed.R.Civ.P.4.* (Attachments: #1 Summons, #2 Summons) (Waddell, K.)
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Filing 9
AMENDED COMPLAINT against All Defendants, filed by JTH Tax LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Franchise Agreement with Liberty for the territory known as NC079, #3 Exhibit 2 - Franchise Agreement with Liberty for the territory known as NC044, #4 Exhibit 3 - Franchise Agreement with Liberty for the territory known as NC045, #5 Exhibit 4 - Franchise Agreement with Liberty for the territory known as NC046, #6 Exhibit 5 - Franchise Agreement with Liberty for the territory known as NC227, #7 Exhibit 6 - Franchise Agreement with Liberty for the territory known as NC058, #8 Exhibit 7 - Franchise Agreement with Liberty for the territory known as NC080, #9 Exhibit 8 - Franchise Agreement with Liberty for the territory known as NC081, #10 Exhibit 9 - Franchise Agreement with Liberty for the territory known as NC082, #11 Exhibit 10 - Franchise Agreement with Liberty for the territory known as NC083, #12 Exhibit 11 - Notice of Termination, #13 Exhibit 12 - CMB Taxs debt balance sheet, #14 Exhibit 13 - Promissory Notes, #15 Proposed Summons Cindy Serbus, #16 Proposed Summons Jeffrey Serbus, #17 Proposed Summons CMB Tax Services) (Becker, Allison)
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Filing 8
Affidavit of Service for Verified complaint and exhibits 1-12, as well as separate Notices and Waiver Forms filed by JTH Tax LLC served on CMB Tax Services on March 7, 2021. (Becker, Allison)
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Filing 7
Affidavit of Service for Verified complaint and exhibits 1-12, as well as separate Notices and Waiver Forms filed by JTH Tax LLC served on Jeffrey Serbus on March 7, 2021. (Becker, Allison)
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Filing 6
Affidavit of Service for Verified complaint and exhibits 1-12, as well as separate Notices and Waiver Forms filed by JTH Tax LLC served on Cindy Serbus on March 7, 2021. (Becker, Allison)
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Filing 5
Financial Disclosure Statement by JTH Tax LLC identifying Corporate Parent Franchise Group, Inc. for JTH Tax LLC. (Becker, Allison)
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Filing 4
Notice of Appearance filed by Kendra N. Stark on behalf of JTH Tax LLC. (Stark, Kendra)
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Filing 3
Notice of Appearance filed by Allison J. Becker on behalf of JTH Tax LLC. (Becker, Allison)
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Filing 2
Civil Cover Sheet, filed by JTH Tax LLC regarding #1 Complaint. (Becker, Allison)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to JTH Tax LLC. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
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Notice to Counsel - No Summons provided for issuance or Waiver of Service filed. (Rudd, D.)
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NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.)
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Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0417-5914146.), filed by JTH Tax LLC, d/b/a Liberty Tax Service f/k/a JTH Tax, Inc.. (Attachments: #1 Exhibit Franchise Agreement, #2 Exhibit Franchise Agreement, #3 Exhibit Franchise Agreement, #4 Exhibit Franchise Agreement, #5 Exhibit Franchise Agreement, #6 Exhibit Franchise Agreement, #7 Exhibit Franchise Agreement, #8 Exhibit Franchise Agreement, #9 Exhibit Franchise Agreement, #10 Exhibit Franchise Agreement, #11 Exhibit Termination Letter, #12 Exhibit Promissory Notes) (Becker, Allison)
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