Meineke Franchisor SPV, LLC v. Cochran et al
| MEINEKE FRANCHISOR SPV, LLC |
| SIDNEY O. COCHRAN, JR., SHERRY COCHRAN, DAVID MICHAEL COCHRAN, DISCOUNT MUFFLERS, INC. Discount Mufflers, Inc. d/b/a Bruno's Automotive unknown Bruno's Automotive and DISCOUNT MUFFLERS, INC. d/b/a Bruno's Automotive unknown Bruno's Automotive |
| DISCOUNT MUFFLERS, INC. d/b/a Bruno's Automotive |
| 5:2022cv00030 |
| January 19, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Franchise |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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| Document Text |
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| SECOND NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to DAVID MICHAEL COCHRAN, SHERRY COCHRAN, and SIDNEY O. COCHRAN, JR. 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. (Collins, S.) |
| Filing 19 Notice of Appearance filed by F. Stuart Clarke on behalf of DAVID MICHAEL COCHRAN, SHERRY COCHRAN, SIDNEY O. COCHRAN, JR, DISCOUNT MUFFLERS, INC.. (Clarke, F.) |
| Filing 18 Financial Disclosure Statement by DISCOUNT MUFFLERS, INC. (Clarke, F.) Modified on 3/17/2022 to revise docket text. (Collins, S.). |
Filing 17
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 4/11/22. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 3/7/2022. (Collins, S.)
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| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to DAVID MICHAEL COCHRAN, SHERRY COCHRAN, SIDNEY O. COCHRAN, JR, DISCOUNT MUFFLERS, INC. 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. (Collins, S.) |
| Notice to Counsel - Attorney F. Stuart Clarke should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.) |
| Notice to Counsel regarding: #16 Answer to Complaint, Counterclaim, #15 Answer to Complaint. CM/ECF does not accommodate certain document combinations, such as 'response and reply' or 'answer and motion'. It is noticed that defendants' filings contains references to motions to dismiss. Absent consent, a motion in accordance with regular motions practice must be filed, as prescribed in the rules, in order to obtain a separate ruling from the court. (Collins, S.) |
| Filing 16 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against All Plaintiffs by SIDNEY O. COCHRAN, JR, DISCOUNT MUFFLERS, INC.. (Clarke, F.) |
| Filing 15 ANSWER to #1 Complaint,, with Jury Demand by DAVID MICHAEL COCHRAN, SHERRY COCHRAN. (Clarke, F.) |
| Filing 14 SUMMONS Returned Executed by MEINEKE FRANCHISOR SPV, LLC. DAVID MICHAEL COCHRAN served on 2/8/2022, answer due 3/1/2022. (Thresher, Kimberly) |
| Filing 13 SUMMONS Returned Executed by MEINEKE FRANCHISOR SPV, LLC. SHERRY COCHRAN served on 2/8/2022, answer due 3/1/2022. (Thresher, Kimberly) |
| Filing 12 SUMMONS Returned Executed by MEINEKE FRANCHISOR SPV, LLC. DISCOUNT MUFFLERS, INC. served on 2/8/2022, answer due 3/1/2022. (Thresher, Kimberly) |
| Filing 11 SUMMONS Returned Executed by MEINEKE FRANCHISOR SPV, LLC. SIDNEY O. COCHRAN, JR served on 2/8/2022, answer due 3/1/2022. (Thresher, Kimberly) |
| Filing 10 Notice of Special Appearance for non-district by Kimberly D. Thresher on behalf of MEINEKE FRANCHISOR SPV, LLC. (Thresher, Kimberly) |
| Filing 9 **CORRECTED AND REFILED AT #10 ** Notice of Special Appearance for non-district filed on behalf of attorney KIMBERLY D. THRESHER by Dennis D. Leone on behalf of MEINEKE FRANCHISOR SPV, LLC. (Leone, Dennis) Modified on 1/26/2022 (Collins, S.). Modified on 1/26/2022 (Collins, S.). |
| Filing 8 Notice of Special Appearance for non-district by Dennis D. Leone on behalf of MEINEKE FRANCHISOR SPV, LLC. (Leone, Dennis) |
| NOTICE OF DEFICIENCY regarding #9 Notice of Special Appearance, #7 Notice of Appearance each filed on behalf of Attorney KIMBERLY D. THRESHER. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance or Notice of Special Appearance. (Collins, S.) |
| Filing 7 **CORRECTED AND REFILED AT #10 ** Notice of Appearance on behalf of Attorney KIMBERLY D. THRESHER filed by Dennis D. Leone on behalf of MEINEKE FRANCHISOR SPV, LLC. (Leone, Dennis) Modified on 1/26/2022 (Collins, S.). Modified on 1/26/2022 (Collins, S.). |
| Filing 6 **CORRECTED AND REFILED AT #8 ** Notice of Appearance filed by Dennis D. Leone on behalf of MEINEKE FRANCHISOR SPV, LLC. (Leone, Dennis) Modified on 1/26/2022 (Collins, S.). |
| NOTICE OF DEFICIENCY regarding #6 Notice of Appearance. The complaint states that Mr. Leone is appearing by Special Appearance. Local Civil Rule 83.1 (e )requires attorneys to file the Notice of Special Appearance that is available on the court's website. Counsel should file a Notice of Special Appearance that complies with this rule. (Collins, S.) |
| Filing 5 TRADEMARK REPORT sent via US mail to Director of the US Patent and Trademark Office, P. O. Box 1450, Alexandria, VA 22313-1450 (Collins, S.) |
| Filing 4 Summons Issued as to DAVID MICHAEL COCHRAN, SHERRY COCHRAN, SIDNEY O. COCHRAN, JR, DISCOUNT MUFFLERS, INC. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.) |
| Filing 3 Financial Disclosure Statement by MEINEKE FRANCHISOR SPV, LLC identifying Corporate Parent Driven Brands, Inc., Corporate Parent Driven Brands Holding Inc. for MEINEKE FRANCHISOR SPV, LLC. (Hash, James) |
| Filing 2 Notice of Appearance Local 83.1 Counsel filed by James M. Hash on behalf of MEINEKE FRANCHISOR SPV, LLC. (Hash, James) Modified on 1/26/2022 to revise docket text. (Collins, S.). |
| Filing 1 COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants ( Filing fee $ 402 receipt number 0417-6400088.), filed by MEINEKE FRANCHISOR SPV, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Franchise Agreement, #3 Exhibit Exhibit B - Guaranty, #4 Exhibit Exhibit C - Franchise Agreement, #5 Exhibit Exhibit D - Guaranty, #6 Proposed Summons Summons - Sidney O. Cochran, Jr, #7 Proposed Summons Summons -Sherry Cochran, #8 Proposed Summons Summons - David Michael Cochran, #9 Proposed Summons Summons - Discount Mufflers, Inc.) (Hash, James) |
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