Mid Atlantic Restaurant Corp. v. Gumby 1105, Inc. et al
Plaintiff: Mid Atlantic Restaurant Corp.
3Rd Party Plaintiff: J. David Harris and Gumby 1105, Inc.
3Rd Party Defendant: Cary Keisler, Inc., John Does (1-10), Gregory Moore, S.C.N.B. Real Estate Services, LLC and Junius Moore
Case Number: 5:2020cv00472
Filed: September 2, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2020 Opinion or Order Filing 51 Joint MOTION to File Renewed Motions and For Entry of Briefing Schedule filed by Cary Keisler, Inc., Gumby 1105, Inc., J. David Harris, Mid Atlantic Restaurant Corp., Gregory Moore, Junius Moore, S.C.N.B. Real Estate Services, LLC. (Attachments: #1 Text of Proposed Order) (Edwards, Christopher)
October 30, 2020 Opinion or Order Filing 50 Memorandum in Support regarding #49 MOTION to Expedite Renewed Motion for Expedited Discovery filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
October 30, 2020 Opinion or Order Filing 49 MOTION to Expedite Renewed Motion for Expedited Discovery filed by Gumby 1105, Inc., J. David Harris. (Attachments: #1 Index, #2 Exhibit 1 - Articles of Organization - Gum Branch 1101, LLC, #3 Exhibit 2 - Discovery Requests to Cary Keisler, Inc., #4 Exhibit 3 - Discovery Requests to Gregory Moore, #5 Exhibit 4 - Discovery Requests to Junius Moore, #6 Exhibit 5 - Discovery Requests to Mid-Atlantic Restaurant Corp., #7 Exhibit 6 - Discovery Requests to S.C.N.B. Real Estate Services, LLC, #8 Exhibit 7 - Subpoena Duces Tecum to Goines Law Firm PLLC, #9 Exhibit 8 - Subpoena Duces Tecum to Terry Holmes, #10 Exhibit 9 - Subpoena Duces Tecum to I.T. Trotter Bagley, #11 Exhibit 10 - Subpoena Duces Tecum to Stone Creek Masonry, Inc., #12 Exhibit 11 - Subpoena Duces Tecum to Jackson Builders, Inc., #13 Exhibit 12 - Subpoena Duces Tecum to Marine Federal Credit Union, #14 Exhibit 13 - Subpoena Duces Tecum to Gum Branch 1105, LLC, #15 Exhibit 14 - Subpoena Duces Tecum to GAM Irrevocable Trust, #16 Exhibit 15 - Subpoena Duces Tecum to Moore Family Holdings, LLC, #17 Exhibit 16 - Subpoena Duces Tecum to Gum Branch 1101, LLC, #18 Text of Proposed Order) (Puryear, Paul)
October 30, 2020 Opinion or Order Filing 48 Memorandum in Support regarding #47 MOTION to Amend/Correct #19 MOTION for Preliminary Injunction Renewed Motion for Preliminary Injunction Memorandum in Support of Renewed Motion for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
October 30, 2020 Opinion or Order Filing 47 MOTION to Amend/Correct #19 MOTION for Preliminary Injunction Renewed Motion for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Attachments: #1 Text of Proposed Order) (Puryear, Paul)
October 27, 2020 Opinion or Order REMINDER TO COUNSEL regarding docket entries #38 , #39 and #42 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.)
October 23, 2020 Opinion or Order Filing 46 RESPONSE in Opposition regarding #31 MOTION to Compel Arbitration filed by Gumby 1105, Inc.. (Puryear, Paul)
October 23, 2020 Opinion or Order Filing 45 Memorandum in Support regarding #44 MOTION to Seal Document #43 PROPOSED SEALED Exhibit, filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
October 23, 2020 Opinion or Order Filing 44 MOTION to Seal Document #43 PROPOSED SEALED Exhibit, filed by Gumby 1105, Inc., J. David Harris. (Attachments: #1 Text of Proposed Order) (Puryear, Paul)
October 23, 2020 Opinion or Order Filing 43 PROPOSED SEALED Exhibit (Selected Participants Only)by Paul J. Puryear (available to: Third Party Defendants Cary Keisler, Inc., Gregory A. Moore, Junius Moore, S.C.N.B. Real Estate Services, LLC, Defendants Gumby 1105, Inc., J. David Harris, Plaintiff Mid Atlantic Restaurant Corp.) regarding #42 Amended Verified Counterclaims and Third-Party Complaint. (Puryear, Paul)
October 23, 2020 Opinion or Order Filing 42 Amended Verified Counterclaims and Third-Party Complaint, filed by Gumby 1105, Inc., J. David Harris. Amendment to #11 Answer to Complaint, Third Party Complaint,Counterclaim (Attachments: #1 Index, #2 Exhibit 1 - Settlement Term Sheet (filed under seal), #3 Exhibit 2 - Amended Motion for Temporary Restraining Order (Morehead70), #4 Exhibit 3 - Order Granting Injunctive Relief (Morehead70), #5 Exhibit 4 - Notice to Concord Location dated May 6, 2020, #6 Exhibit 5 - Termination Letter dated May 8, 2020, #7 Exhibit 6 - Response Letter to Notice of Default dated May 8, 2020, #8 Exhibit 7 - Notice of Default and Opportunity to Cure to Gum Branch franchise, dated June 26, 2020, #9 Exhibit 8 - Partial Response to Notice of Default and Opportunity to Cure regarding EZ Cater, dated July 3, 2020, #10 Exhibit 9 - Response to July 3rd letter regarding EZ Cater, dated July 9, 2020, #11 Exhibit 10 - Response to July 9th letter regarding EZ Cater, dated July 10, 2020, #12 Exhibit 11 - Response letter to Notice of Default regarding other alleged defaults, dated July 9, 2020, #13 Exhibit 12 - Franchise Agreement for Victory Way Location, executed July 2011, #14 Exhibit 13 - Jacksonville and Havelock Memorandum and Agreement of Terms, #15 Exhibit 14 - Articles of Incorporation of Gumby 1105, Inc., #16 Exhibit 15 - Lease Agreement between S.C.N.B. Real Estate Services, LLC and Gumby 1105, Inc., #17 Exhibit 16 - Notice of Default, dated May 6, 2020, #18 Exhibit 17 - Response to Notice of Default with demand for completion of the Settlement Term Sheet, dated July 9, 2020, #19 Exhibit 18 - Response letter to July 9th letter, dated August 6, 2020, #20 Exhibit 19 - Termination Notice, #21 Exhibit 20 - Franchise Agreement) (Puryear, Paul) Modified on 10/26/2020 to clarify document description(Waddell, K.).
October 16, 2020 Opinion or Order Filing 41 REPLY to Response to Motion regarding #19 MOTION for Preliminary Injunction Reply Brief in Support of Defendant's Motion for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
October 16, 2020 Opinion or Order Filing 40 Memorandum in Support regarding #38 MOTION to Expedite Motion for Expedited Discovery filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
October 16, 2020 Opinion or Order Filing 39 AFFIDAVIT regarding #38 MOTION to Expedite Motion for Expedited Discovery Third Affidavit of J. David Harris by J. David Harris (Attachments: #1 Exhibit 1 - Franchise Agreement) (Puryear, Paul)
October 16, 2020 Opinion or Order Filing 38 MOTION to Expedite Motion for Expedited Discovery filed by Gumby 1105, Inc., J. David Harris. (Attachments: #1 Index, #2 Exhibit 1 - Articles of Organization, #3 Exhibit 2 - Discovery Requests to Cary Keisler, Inc., #4 Exhibit 3 - Discovery Requests to Gregory Moore, #5 Exhibit 4 - Discovery Requests to Junius Moore, #6 Exhibit 5 - Discovery Requests to Mid-Atlantic Restaurant Corp., #7 Exhibit 6 - Discovery Requests to S.C.N.B. Real Estate Services, LLC, #8 Exhibit 7 - Subpoena to Goines Law Firm, #9 Exhibit 8 - Subpoena to Terry Holmes, #10 Exhibit 9 - Subpoena to Trotter Bagley, #11 Exhibit 10 - Subpoena to Stone Creek Masonry, Inc., #12 Exhibit 11 - Subpoena to Jackson Builders, Inc., #13 Exhibit 12 - Subpoena to Marine Federal Credit Union, #14 Exhibit 13 - Subpoena to Gum Branch 1105, LLC, #15 Exhibit 14 - Subpoena to GAM Irrevocable Trust, #16 Exhibit 15 - Subpoena to Moore Family Holdings, LLC, #17 Exhibit 16 - Subpoena to Gum Branch 1101, LLC, #18 Text of Proposed Order) (Puryear, Paul)
October 15, 2020 Opinion or Order Filing 37 Declaration regarding #36 Reply to Response to Motion for Preliminary Injunction by Mid Atlantic Restaurant Corp. (Rickner, Gary)
October 15, 2020 Opinion or Order Filing 36 REPLY to Response to Motion regarding #4 MOTION for Preliminary Injunction filed by Mid Atlantic Restaurant Corp.. (Rickner, Gary)
October 7, 2020 Opinion or Order Filing 35 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 10/7/2020. (Waddell, K.)
October 7, 2020 Opinion or Order REMINDER TO COUNSEL regarding #33 and #34 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.)
October 2, 2020 Opinion or Order Filing 34 Declaration regarding #33 Response in Opposition to Motion for Preliminary Injunction by Mid Atlantic Restaurant Corp. (Attachments: #1 Exhibit A - Gum Branch Franchise Agreement, #2 Exhibit B - Amendment to Franchise Agreement, #3 Exhibit C - Lease Agreement, #4 Exhibit D - Email, #5 Exhibit E - First Notice of Default, #6 Exhibit F - Second Notice of Default, #7 Exhibit G - Notice of Termination) (Rickner, Gary)
October 2, 2020 Opinion or Order Filing 33 RESPONSE in Opposition regarding #19 MOTION for Preliminary Injunction filed by Mid Atlantic Restaurant Corp.. (Rickner, Gary)
October 2, 2020 Opinion or Order Filing 32 Memorandum in Support regarding #31 MOTION to Compel Arbitration filed by S.C.N.B. Real Estate Services, LLC. (Rickner, Gary)
October 2, 2020 Opinion or Order Filing 31 MOTION to Compel Arbitration filed by S.C.N.B. Real Estate Services, LLC. (Rickner, Gary)
October 2, 2020 Opinion or Order Filing 30 Memorandum in Support regarding #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cary Keisler, Inc., Mid Atlantic Restaurant Corp., Gregory A. Moore, Junius Moore, S.C.N.B. Real Estate Services, LLC. (Rickner, Gary)
October 2, 2020 Opinion or Order Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM regarding #11 Third-Party Complaint and Counterclaim, filed by Cary Keisler, Inc., Mid Atlantic Restaurant Corp., Gregory A. Moore, Junius Moore, S.C.N.B. Real Estate Services, LLC. (Rickner, Gary) Modified on 10/5/2020 to create docket entry relationship and clarify docket text (Waddell, K.).
October 2, 2020 Opinion or Order Filing 28 TRADEMARK REPORT: Copy of report and complaint sent to the Director of the U.S. and Patent Trademark Office via U.S. mail. (Waddell, K.)
October 1, 2020 Opinion or Order Filing 27 AFFIDAVIT regarding #26 Response in Opposition to Motion Second Affidavit of J. David Harris in Support of Response in Opposition to Plaintiff's Motion for Preliminary Injunction by J. David Harris filed by J. David Harris. (Attachments: #1 Index, #2 Exhibit 1 - Greensboro location photo 1, #3 Exhibit 2 - Greensboro location photo 2, #4 Exhibit 3 - Gum Branch location photo 1, #5 Exhibit 4 - Gum Branch location photo 2, #6 Exhibit 5 - Gum Branch location photo 3, #7 Exhibit 6 - Gum Branch location photo 4, #8 Exhibit 7 - Gum Branch location) (Puryear, Paul)
October 1, 2020 Opinion or Order Filing 26 RESPONSE in Opposition regarding #4 MOTION for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
October 1, 2020 Opinion or Order REMINDER TO COUNSEL regarding #26 and #27 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.)
September 24, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to file a response to #4 Motion for Preliminary Injunction and #11 Answer Counterclaims and Third-Party Complaint. Gumby 1105, Inc. and J. David Harris shall have up to and including October 1, 2020, to respond to Mid-Atlantic Restaurant Corp.'s motion for preliminary injunction (D.E. 4). Mid-Atlantic Restaurant Corp., Cary Keisler, S.C.N.B. Real Estate Services, LLC,Gregory Moore, Junius Moore, and John Does 110 shall have up to and including October 2, 2020, to respond to Gumby 1105, Inc. and J. David Harris' counterclaims and third-party complaint (D.E. 11). Signed by Peter A. Moore, Jr., Clerk of Court on 9/23/2020. (Waddell, K.)
September 23, 2020 Opinion or Order Filing 24 Joint MOTION for Extension of Time to file a response to the #4 Motion for Preliminary Injunction and to #11 Answer Counterclaims and Third-Party Complaint, filed by Cary Keisler, Inc., Gumby 1105, Inc., J. David Harris, Mid Atlantic Restaurant Corp., Gregory A. Moore, Junius Moore, S.C.N.B. Real Estate Services, LLC. (Attachments: #1 Text of Proposed Order) (Rickner, Gary) Modified on 9/23/2020 to correct document description and create document relationship (Edwards, S.).
September 23, 2020 Opinion or Order Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #24 Joint MOTION for Extension of Time. (Waddell, K.)
September 23, 2020 Opinion or Order SECOND Notice to Counsel regarding #24 Joint Motion for Extension of Time. All counsel appearing on behalf of a party should file a Notice of Appearance. Local Civil Rule 83.1 (e ) requires non-local counsel to file a Notice of Special Appearance. This form is available on the court's website. Jonathan Labukas and Jeffrey H. Wolf should file a Notice of Special Appearance that complies with this rule. (Waddell, K.)
September 23, 2020 Opinion or Order SECOND Notice to Counsel Counsel should complete the document attached to docket entry #8 (AO-120). Upon completion, please electronically file using the "Notice-(other)" event. (Waddell, K.)
September 18, 2020 Opinion or Order Filing 23 Affidavit of Service for Answer, Verified Counterclaims and Third-Party Complaint filed by Gumby 1105, Inc., J. David Harris served on Cary Keisler, Inc., S.C.N.B. Real Estate Services LLC, Gregory Moore, Junius Moore on September 18, 2020. (Attachments: #1 Exhibit A - Acceptance of Service of Third-Party Defendants) (Puryear, Paul)
September 15, 2020 Opinion or Order Filing 22 Proposed Order regarding #19 MOTION for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
September 14, 2020 Opinion or Order NOTICE OF DEFICIENCY regarding #19 Motion for Preliminary Injunction. A proposed order should be filed together with this Motion. Also, pursuant to 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.)
September 14, 2020 Opinion or Order REMINDER TO COUNSEL regarding docket entries #20 and #21 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.)
September 11, 2020 Opinion or Order Filing 21 Memorandum in Support regarding #19 MOTION for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
September 11, 2020 Opinion or Order Filing 20 AFFIDAVIT in Support regarding #19 MOTION for Preliminary Injunction filed by J. David Harris. (Attachments: #1 Exhibit 1 - Email from David Harris, #2 Exhibit 2 - Franchise Agreement, #3 Exhibit 3 - Jacksonville and Havelock Memorandum of Agreement of Terms, #4 Exhibit 4 - Emails from Mid Atlantic counsel, #5 Exhibit 5 - Emails from Mid Atlantic counsel) (Puryear, Paul)
September 11, 2020 Opinion or Order Filing 19 MOTION for Preliminary Injunction filed by Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
September 11, 2020 Opinion or Order Filing 18 Corrected Exhibit 10 to #11 filed by Gumby 1105, Inc., J. David Harris regarding #11 Answer to Complaint, Third Party Complaint, Counterclaim. (Puryear, Paul) Modified on 9/14/2020 to clarify document description (Waddell, K.).
September 10, 2020 Opinion or Order Filing 17 Notice of Substitution of Counsel filed by Christopher S. Edwards on behalf of Mid Atlantic Restaurant Corp. substituting for Amy H. Wooten. (Edwards, Christopher)
September 8, 2020 Opinion or Order Filing 16 Notice of Appearance filed by Amy Holbrook Wooten on behalf of Mid Atlantic Restaurant Corp.. (Wooten, Amy)
September 8, 2020 Opinion or Order Filing 15 Financial Disclosure Statement by J. David Harris (Puryear, Paul)
September 8, 2020 Opinion or Order Filing 14 Summons Issued as to Cary Keisler, Inc., Gregory A. Moore, Junius Moore, S.C.N.B. Real Estate Services, LLC.*NOTICE: Counsel shall print the attached summonses and serve with other related documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.)
September 8, 2020 Opinion or Order NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Defendant J. David Harris. 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. (Waddell, K.)
September 8, 2020 Opinion or Order REMINDER TO COUNSEL regarding #11 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.)
September 4, 2020 Opinion or Order Filing 13 Notice of Appearance filed by Thomas Cullen Stafford on behalf of Gumby 1105, Inc., J. David Harris. (Stafford, Thomas)
September 4, 2020 Opinion or Order Filing 12 Notice of Appearance filed by Lee M. Whitman on behalf of Gumby 1105, Inc., J. David Harris. (Whitman, Lee)
September 4, 2020 Opinion or Order Filing 11 ANSWER to #1 Complaint, with Jury Demand , THIRD PARTY COMPLAINT against Gregory A. Moore, S.C.N.B. Real Estate Services, LLC, Junius Moore, Cary Keisler, Inc., COUNTERCLAIM against Mid Atlantic Restaurant Corp. by J. David Harris, Gumby 1105, Inc.. (Attachments: #1 Index, #2 Exhibit 1 - Amended Motion for Temporary Restraining Order, Preliminary Injunction and Complaint, #3 Exhibit 2 - Order Granting Plaintiffs' Motion for Temporary Restraining Order, #4 Exhibit 3 - Notice of Default for Concord location, #5 Exhibit 4 - Notice of Termination of Settlement Agreement, #6 Exhibit 5 - Response Letter to Notices of Breach, #7 Exhibit 6 - Notice of Default for the Gum Branch franchise, #8 Exhibit 7 - Response Letter to Notices of Default, #9 Exhibit 8 - Letter from Mid Atlantic, #10 Exhibit 9 - Response Letter dated July 10, 2020, #11 Exhibit 10 - Response Letter regarding Notices of Default, #12 Exhibit 11 - Articles of Incorporation for Gumby 1105, Inc., #13 Exhibit 12 - Lease Agreement, #14 Exhibit 13 - Letter regarding Notice of Breach, #15 Exhibit 14 - Response Letter to remaining portions of the Notice of Default, #16 Exhibit 15 - Mid Atlantic Response Letter, #17 Exhibit 16 - Notice to Terminate Franchise Agreement, #18 Summons to Cary Keisler, Inc., #19 Summons to Gregory A. Moore, #20 Summons to Junius Moore, #21 Summons to S.C.N.B. Real Estate Services, LLC) (Puryear, Paul)
September 4, 2020 Opinion or Order Filing 10 Financial Disclosure Statement by Gumby 1105, Inc. (Puryear, Paul)
September 4, 2020 Opinion or Order Filing 9 Notice of Appearance filed by Paul J Puryear, Jr on behalf of Gumby 1105, Inc., J. David Harris. (Puryear, Paul)
September 4, 2020 Opinion or Order Filing 8 NOTICE TO COUNSEL - Counsel should complete the document attached to this entry (AO-120). Upon completion, please electronically file using the "Notice-(other)" event. (Edwards, S.)
September 3, 2020 Opinion or Order Filing 7 Summons Issued as to Gumby 1105, Inc. and J. David Harris.*NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.)
September 3, 2020 Opinion or Order Filing 6 Notice filed by Mid Atlantic Restaurant Corp. . (Attachments: #1 Verification) (Rickner, Gary)
September 3, 2020 Opinion or Order Filing 5 Memorandum in Support regarding #4 MOTION for Preliminary Injunction filed by Mid Atlantic Restaurant Corp.. (Rickner, Gary)
September 3, 2020 Opinion or Order Filing 4 MOTION for Preliminary Injunction filed by Mid Atlantic Restaurant Corp.. (Rickner, Gary)
September 3, 2020 Opinion or Order Filing 3 Notice of Appearance filed by Gary J. Rickner on behalf of Mid Atlantic Restaurant Corp.. (Rickner, Gary)
September 3, 2020 Opinion or Order Notice to Counsel regarding: #1 Complaint. Counsel is reminded that, pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual, an index with all of the listed attachments must be the filed as the first attachment. No need to refile at this time. (Waddell, K.)
September 3, 2020 Opinion or Order Notice to Counsel regarding: #1 Complaint, #4 Motion for Preliminary Injunction, and #5 Memorandum in Support. All counsel appearing on behalf of a party should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Additionally, Local Civil Rule 83.1 (e ) requires non-local counsel to file a Notice of Special Appearance. This form is available on the court's website. Attorneys Jonathan Labukas and Jeffrey H. Wolf should file a Notice of Special Appearance that complies with this rule. (Waddell, K.)
September 3, 2020 Opinion or Order 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.)
September 2, 2020 Opinion or Order Filing 2 Financial Disclosure Statement by Mid Atlantic Restaurant Corp. (Rickner, Gary)
September 2, 2020 Opinion or Order Filing 1 COMPLAINT against Gumby 1105, Inc., J. David Harris ( Filing fee $ 400 receipt number 0417-5600992.), filed by Mid Atlantic Restaurant Corp.. (Attachments: #1 Exhibit 1 - Franchise Agreement, #2 Exhibit 2 - Franchise Agreement Amendment, #3 Exhibit 3 - First Notice of Default, #4 Exhibit 4 - Second Notice of Default, #5 Exhibit 5 - Notice of Termination, #6 Civil Cover Sheet, #7 Proposed Summons Gumby 1105, Inc., #8 Proposed Summons J. David Harris) (Rickner, Gary)

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Search for this case: Mid Atlantic Restaurant Corp. v. Gumby 1105, Inc. et al
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3rd party plaintiff: J. David Harris
Represented By: Paul J Puryear, Jr
Represented By: Thomas Cullen Stafford
Represented By: Lee M. Whitman
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3rd party plaintiff: Gumby 1105, Inc.
Represented By: Paul J Puryear, Jr
Represented By: Thomas Cullen Stafford
Represented By: Lee M. Whitman
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Plaintiff: Mid Atlantic Restaurant Corp.
Represented By: Gary J. Rickner
Represented By: Christopher S. Edwards
Represented By: Amy Holbrook Wooten
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3rd party defendant: Cary Keisler, Inc.
Represented By: Gary J. Rickner
Represented By: Christopher S. Edwards
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3rd party defendant: John Does (1-10)
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3rd party defendant: Gregory Moore
Represented By: Gary J. Rickner
Represented By: Christopher S. Edwards
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3rd party defendant: S.C.N.B. Real Estate Services, LLC
Represented By: Gary J. Rickner
Represented By: Christopher S. Edwards
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3rd party defendant: Junius Moore
Represented By: Gary J. Rickner
Represented By: Christopher S. Edwards
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