BRUCE-TERMINIX COMPANY v. THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP et al
| BRUCE-TERMINIX COMPANY |
| THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP and TERMINIX GLOBAL HOLDINGS, INC. |
| 1:2020cv00962 |
| October 20, 2020 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 27
Transcript of Proceedings held on 12-02-2020, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6933. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/7/2021. Redacted Transcript Deadline set for 1/17/2021. Release of Transcript Restriction set for 3/17/2021. (Calhoun, J.)
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Filing 26
BRIEF re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts III, V, and VI by Defendants TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP filed by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (ROUTH, JENNIFER)
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Filing 25
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts III, V, and VI by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. Response to Motion due by 1/4/2021 (Attachments: #1 Proposed Order)(ROUTH, JENNIFER)
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Filing 24
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/8/2020; that the plaintiff's motion for preliminary injunction, Doc. #3 , is DENIED. ORDERED that the plaintiff may immediately serve five interrogatories on the defendants, and the defendants may immediately serve five interrogatories on the plaintiff. The parties are reminded of their duty to timely supplement responses if and when the facts change. (Sheets, Jamie)
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Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motion Hearing held on 12/2/2020 via Zoom Video Conference. Attorneys George House and Joseph Ponzi participated on behalf of the plaintiff and Attorneys Michael Nadel and Jennifer Routh participated on behalf of the defendant. Oral Argument presented regarding #3 Motion for Preliminary Injunction. For the reasons stated in open court, the Court DENIES the Motion. Written order forthcoming. The Court authorizes both parties to immediately serve five (5) interrogatories upon the other party. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
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Filing 23
SURREPLY filed by Defendants TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP re #3 MOTION for Preliminary Injunction [Oral Argument Requested] filed by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (ROUTH, JENNIFER)
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Filing 22
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/30/2020; Before the Court is the Defendants' Motion for Leave To File a Sur-reply in Opposition to Plaintiff's Motion for Preliminary Injunction. The motion, Doc. #20 , is GRANTED. Defendants shall promptly file their sur-reply using the ECF system. (Garland, Leah)
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Filing 21
BRIEF re #20 MOTION for Leave to File Sur-reply in Opposition to Plaintiff's Motion for Preliminary Injunction by Defendants TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP filed by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (ROUTH, JENNIFER)
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Filing 20
MOTION for Leave to File Sur-reply in Opposition to Plaintiff's Motion for Preliminary Injunction by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (Attachments: #1 Proposed Sur-reply, #2 Proposed Order)(ROUTH, JENNIFER)
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Motions Submitted: #20 MOTION for Leave to File Sur-reply in Opposition to Plaintiff's Motion for Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
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Filing 19
REPLY, filed by Plaintiff BRUCE-TERMINIX COMPANY, to Response to #3 MOTION for Preliminary Injunction [Oral Argument Requested] filed by BRUCE-TERMINIX COMPANY. (Attachments: #1 Exhibit 1 (Excerpt of ServiceMaster FDD), #2 Exhibit 2 (News Release dated 8.15.2013), #3 Exhibit 3 (News Release dated 10.22.2019))(PONZI, JOSEPH)
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Filing 18
NOTICE of Attorney Appearance by attorney GEORGE WILLIAM HOUSE on behalf of Plaintiff BRUCE-TERMINIX COMPANY (HOUSE, GEORGE)
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Filing 17
AMENDED RESPONSE in Opposition re #3 MOTION for Preliminary Injunction [Oral Argument Requested] filed by BRUCE-TERMINIX COMPANY (Amended, per Doc. 15) filed by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. Replies due by 11/23/2020 (Attachments: #1 Exhibit 1 (Declaration of Paul Stanley))(ROUTH, JENNIFER)
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Filing 16
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/18/2020, motion, Doc. #15 , is GRANTED. Defendants shall promptly file their amended opposition using the ECF system. (Garland, Leah)
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Motions Submitted: #15 Joint MOTION for Leave to File Amended Opposition to Plaintiff's Motion for Preliminary Injunction by BRUCE-TERMINIX COMPANY and to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
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Filing 15
Joint MOTION for Leave to File Amended Opposition to Plaintiff's Motion for Preliminary Injunction by BRUCE-TERMINIX COMPANY and by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. Response to Motion due by 12/8/2020 (Attachments: #1 Proposed Order, #2 Exhibit A (Proposed Amended Opposition))(NADEL, MICHAEL)
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Filing 14
RESPONSE in Opposition re #3 MOTION for Preliminary Injunction [Oral Argument Requested] filed by BRUCE-TERMINIX COMPANY filed by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. Replies due by 11/23/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(ROUTH, JENNIFER)
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Filing 13
Corporate Disclosure Statement by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (ROUTH, JENNIFER)
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ORDER granting #12 Motion for Extension of Time to Answer filed by TERMINIX GLOBAL HOLDINGS, INC. and THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. Answer due by 12/14/2020. Signed by John Brubaker, Clerk of Court, on 11/12/2020. (Brubaker, John)
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Filing 12
Consent MOTION for Extension of Time to File Answer or Otherwise Plead by TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (Attachments: #1 Text of Proposed Order)(ROUTH, JENNIFER)
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Filing 11
Notice of Video Conference Hearing: Motion Hearing set for 12/2/2020 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Sanders, Marlene)
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Filing 10
NOTICE of Special Appearance by attorney JENNIFER B. ROUTH on behalf of Defendants TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP ( Filing fee $ 25 receipt number 0418-2921957.) (ROUTH, JENNIFER)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The defendants shall file any response and evidence in opposition to the motion for preliminary injunction no later than November 13, 2020. The plaintiff may file a reply no later than November 23, 2020. The Court does not contemplate an evidentiary hearing in view of the public health issues raised by the pandemic, so all evidence shall be submitted via affidavits or declarations under oath. If the plaintiff needs to supplement the motion, that should be done by November 2, 2020. The Court directs counsel to confer about whether an immediate mediation might be helpful and encourages the parties to consider that option. (Sanders, Marlene)
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Filing 9
Declaration of Proof of Service served on The Terminix International Company Limited Partnership and Terminix Holdings Group, Inc. on 10/22/2020, filed by BRUCE-TERMINIX COMPANY. . (Attachments: #1 Exhibit A (Federal Express Proof of Service letters))(PONZI, JOSEPH)
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Filing 8
NOTICE of Attorney Appearance by attorney JENNIFER B. ROUTH on behalf of Defendants TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP (ROUTH, JENNIFER)
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Filing 7
STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Sanders, Marlene)
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Motions Submitted: #3 MOTION for Preliminary Injunction [Oral Argument Requested] to JUDGE CATHERINE C. EAGLES (Sanders, Marlene)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Upon filing of proof of service, the Court will set a briefing schedule for the motion for preliminary injunction. (Sanders, Marlene)
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Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Hicks, Samantha)
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Filing 6
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Hicks, Samantha)
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Filing 5
Summons Issued as to TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP. (Attachments: #1 Summons - Terminix Global Holdings) (Hicks, Samantha)
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Filing 4
BRIEF re #3 MOTION for Preliminary Injunction [Oral Argument Requested] [in Support of] by Plaintiff BRUCE-TERMINIX COMPANY filed by BRUCE-TERMINIX COMPANY. (PONZI, JOSEPH)
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Filing 3
MOTION for Preliminary Injunction [Oral Argument Requested] by BRUCE-TERMINIX COMPANY. Response to Motion due by 11/10/2020 (PONZI, JOSEPH)
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Filing 2
Corporate Disclosure Statement by BRUCE-TERMINIX COMPANY. (PONZI, JOSEPH)
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Filing 1
COMPLAINT against TERMINIX GLOBAL HOLDINGS, INC., THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP ( Filing fee $ 400 receipt number 0418-2915116.), filed by BRUCE-TERMINIX COMPANY. (Attachments: #1 Exhibit A (License Agreement), #2 Exhibit B (Order for Injunction), #3 Exhibit C (Arbitration Award), #4 Exhibit D (Final Judgment), #5 Exhibit E (10.8.2019 Blackwell letter to McAllister))(PONZI, JOSEPH)
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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Hicks, Samantha)
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