General Nutrition Corporation v. Nutrition Zone Franchising, Inc. et al
Plaintiff: General Nutrition Corporation
Defendant: Nutrition Zone USA and Nutrition Zone Franchising, Inc.
Case Number: 5:2018cv00580
Filed: December 7, 2018
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2019 TEXT ORDER granting Defendants' Consent Motion for Extension of Time #12 . For good cause shown, it is ordered that Defendants shall have up to and including February 25, 2019, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/31/2019. (Hockaday, A.)
January 31, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.)
January 30, 2019 Filing 12 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Nutrition Zone Franchising, Inc., Nutrition Zone USA. (Attachments: #1 Text of Proposed Order Exhibit 1 - Proposed Order) (Anderson, Corby)
January 30, 2019 Filing 11 Notice of Appearance filed by Corby C. Anderson on behalf of All Defendants. (Anderson, Corby)
January 30, 2019 Filing 10 Notice of Appearance filed by Matthew S. DeAntonio on behalf of All Defendants. (DeAntonio, Matthew)
January 11, 2019 Filing 9 Notice directing plaintiff to proceed after failure to answer in accordance with Rule 55 of the Federal Rules of Civil Procedure within twenty-one (21) days of receipt of this notice. (Tripp, S.)
January 7, 2019 Filing 8 Affidavit of Service for Complaint filed by General Nutrition Corporation served on Nutrition Zone USA on 12/20/2018. (Attachments: #1 Exhibit A - website printout for corporate offices, #2 Exhibit B - Transmittal letter to Defendants, #3 Exhibit C - USPS Tracking Information Sheet) (Aul, Patrick)
January 7, 2019 Filing 7 Affidavit of Service for Complaint filed by General Nutrition Corporation served on Nutrition Zone Franchising, Inc. d/b/a Nutrition Zone USA on 12/19/2018. (Attachments: #1 Exhibit A - CA SOS printout for corporation, #2 Exhibit B - Transmittal letter to Defendants, #3 Exhibit C - USPS Tracking Information Sheet) (Aul, Patrick)
December 11, 2018 Filing 6 Notice filed by General Nutrition Corporation regarding Notice of Deficiency Filing of JS44 Civil Cover Sheet. (Aul, Patrick)
December 11, 2018 Filing 5 Summons Issued as to Nutrition Zone Franchising, Inc., Nutrition Zone USA. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
December 11, 2018 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.)
December 7, 2018 Filing 4 Notice of Appearance filed by Patrick M. Aul on behalf of General Nutrition Corporation. (Aul, Patrick)
December 7, 2018 Filing 3 Financial Disclosure Statement by General Nutrition Corporation (Aul, Patrick)
December 7, 2018 Filing 2 Notice filed by General Nutrition Corporation regarding #1 Complaint,, Notice of Filing Additional Attachments to Complaint/Proposed Summonses. (Attachments: #1 Proposed Summons Additional Attachment to Complaint - Proposed Summons to Nutrition Zone Franchising, #2 Proposed Summons Additional Attachment to Complaint - Proposed Summons to Nutrition Zone USA) (Aul, Patrick)
December 7, 2018 Filing 1 COMPLAINT (Jury Trial Demanded) against All Defendants ( Filing fee $ 400 receipt number 0417-4753351.), filed by General Nutrition Corporation. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1 - Franchise Agreement for Kernersville Store, #3 Exhibit 2 - Franchise Agreement for Raleigh Store, #4 Exhibit 3 - April 5, 2018 Ltr. to Colons (Raleigh), #5 Exhibit 4 - April 5, 2018 Ltr. to Colons (Kernersville), #6 Exhibit 5 - August 21, 2018 Ltr. to Colons (Kernersville), #7 Exhibit 6 - August 21, 2018 Ltr. to Colons (Raleigh), #8 Exhibit April 18, 2018 Ltr. to Colons, #9 Exhibit April 6, 2018 Ltr. to Nutrition Zone, #10 Exhibit Picture of Raleigh Storefront) (Aul, Patrick)

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Defendant: Nutrition Zone USA
Represented By: Corby C. Anderson
Represented By: Matthew S. DeAntonio
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Defendant: Nutrition Zone Franchising, Inc.
Represented By: Corby C. Anderson
Represented By: Matthew S. DeAntonio
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Plaintiff: General Nutrition Corporation
Represented By: Patrick M. Aul
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