JTH Tax LLC v. Gause et al
Plaintiff: JTH Tax LLC doing business as Liberty Tax Services
Defendant: Charles Gause and Gause Enterprises LLC doing business as Mr. Charles Tax
Counter Claimant: Gause Enterprises LLC
Counter Defendant: JTH Tax LLC
Case Number: 3:2021cv00543
Filed: October 13, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: David Keesler
Referring Judge: Frank D Whitney
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2021 Opinion or Order Filing 26 ANSWER to #1 Complaint, , COUNTERCLAIM for BREACH and ATTORNEY'S FEES against JTH Tax LLC by Gause Enterprises LLC, Charles Gause.(Westmoreland, Anna)
December 8, 2021 Opinion or Order Filing 25 STIPULATION of Preliminary Injunction of Defendants by JTH Tax LLC (Williams, Benjamin)
December 8, 2021 Opinion or Order NOTICE of Cancellation of motion hearing scheduled for 12/8/2021 (clc)
November 24, 2021 Opinion or Order Filing 24 ORDER granting with modification #22 Motion for Extension of Time to Answer re: #1 Complaint. Charles Gause answer due 12/10/2021; Gause Enterprises LLC answer due 12/10/2021 ; denying #23 Motion to Continue Hearing on Motion for Preliminary Injunction and Extend the Temporary Restraining Order( Motion Hearing RESET for 12/8/2021 at 03:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 11/23/21. (clc)
November 23, 2021 Opinion or Order Filing 23 Second MOTION to Continue Hearing by JTH Tax LLC. Responses due by 12/7/2021 (Attachments: #1 Proposed Order Proposed Order) (Becker, Allison)
November 22, 2021 Opinion or Order Filing 22 MOTION for Extension of Time to Answer re: #1 Complaint, by Charles Gause, Gause Enterprises LLC. (Westmoreland, Anna). Motions referred to David Keesler.
November 16, 2021 Opinion or Order Filing 21 NOTICE of Appearance by Anna N. Westmoreland on behalf of All Defendants (Westmoreland, Anna)
November 15, 2021 Opinion or Order Filing 20 ORDER denying #19 Motion to Continue Hearing on Motion for Preliminary Injunction and Extend the Temporary Restraining Order. Signed by District Judge Frank D. Whitney on 11/15/21. (clc)
November 12, 2021 Opinion or Order Filing 19 MOTION to Continue Hearing on Motion for Preliminary Injunction and Extend the Temporary Restraining Order by JTH Tax LLC. Responses due by 11/26/2021 (Attachments: #1 Proposed Order Proposed Order) (Becker, Allison)
November 8, 2021 Opinion or Order Filing 18 ORDER granting #16 Motion for Leave to Appear Pro Hac Vice added Peter G. Siachos for JTH Tax LLC. Signed by Magistrate Judge David Keesler on 11/8/21. (mga)
November 8, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Benjamin Luke Williams on behalf of JTH Tax LLC (Williams, Benjamin)
November 8, 2021 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice as to Peter Siachos Filing fee $ 288, receipt number ANCWDC-5306266. by JTH Tax LLC. (Becker, Allison). Motions referred to David Keesler.
November 4, 2021 Opinion or Order Filing 15 SUMMONS Returned Executed by JTH Tax LLC. (Becker, Allison)
November 4, 2021 Opinion or Order Filing 14 SUMMONS Returned Executed by JTH Tax LLC. (Becker, Allison)
November 4, 2021 Opinion or Order Filing 13 AFFIDAVIT of Service filed by JTH Tax LLC. All Defendants. (Becker, Allison)
November 1, 2021 Opinion or Order Filing 12 ORDER granting #4 Motion for TRO; deferring ruling on #4 Motion for Preliminary Injunction. Signed by District Judge Frank D. Whitney on 11/1/21. (clc) (Main Document 12 replaced on 11/2/2021) (clc).
October 28, 2021 Opinion or Order Filing 11 ORDER granting with modification #10 Motion to Continue Hearing on Motion for Preliminary Injunction Motion Hearing set for 12/8/2021 02:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 10/28/21. (clc)
October 27, 2021 Opinion or Order Filing 10 MOTION to Continue Hearing on Motion for TRO and PI by JTH Tax LLC. Responses due by 11/10/2021 (Attachments: #1 Proposed Order Proposed Order) (Becker, Allison)
October 27, 2021 Opinion or Order Filing 9 DECLARATION re #4 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by JTH Tax LLC (Becker, Allison)
October 18, 2021 Opinion or Order Filing 8 ORDER denying in part without prejudice, to the extent it seeks a temporary restraining order, and deferring ruling in part to the extent it seeks preliminary injunctive relief. Setting Hearing on Motion #4 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief: Motion Hearing set for 10/28/2021 04:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 10/18/21. (clc)
October 14, 2021 Opinion or Order Filing 7 Summons Issued Electronically as to Charles Gause, Gause Enterprises LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons)(kab)
October 13, 2021 Opinion or Order Filing 6 DECLARATION re #4 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by JTH Tax LLC (Attachments: #1 Exhibit Ex. A - NC256 Family Dollar Kiosk Agreement 2015, #2 Exhibit Ex. B - NC239 Agreement, #3 Exhibit Ex. C - 9.8.20 Notice to cure default, #4 Exhibit Ex. D - 9.14.20 Notice to cure default, #5 Exhibit Ex. E - Termination notice, #6 Exhibit Ex. F - Business Name Cert, #7 Exhibit Ex. G - Charles D. Gause _ Facebook, #8 Exhibit Ex. H - Mr Charles Tax formulary Liberty Tax _ Facebook)(Becker, Allison)
October 13, 2021 Opinion or Order Filing 5 MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by JTH Tax LLC. (Becker, Allison) Modified docket text on 10/13/2021 (kab).
October 13, 2021 Opinion or Order Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by JTH Tax LLC. Responses due by 10/27/2021 (Becker, Allison) Modified docket text on 10/13/2021 (kab). Added MOTION for Preliminary Injunction on 11/1/2021 (clc).
October 13, 2021 Opinion or Order Filing 3 Corporate Disclosure Statement by JTH Tax LLC (Becker, Allison) Modified docket text on 10/13/2021 (kab).
October 13, 2021 Opinion or Order Filing 2 NOTICE of Appearance by Allison J. Becker on behalf of JTH Tax LLC (Becker, Allison) Modified docket text on 10/13/2021 (kab).
October 13, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-5265587), filed by JTH Tax LLC. (Attachments: #1 Exhibit Ex. A - NC256 Family Dollar Kiosk Agreement 2015, #2 Exhibit Ex. B - NC239 Agreement, #3 Exhibit Ex. C - Termination notice)(Becker, Allison) Modified docket text on 10/13/2021 (kab).
October 13, 2021 Opinion or Order Case assigned to District Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(kab)
October 13, 2021 Opinion or Order Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (kab)

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Plaintiff: JTH Tax LLC doing business as Liberty Tax Services
Represented By: Allison J. Becker
Represented By: Benjamin Luke Williams
Represented By: Peter G. Siachos
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Defendant: Charles Gause
Represented By: Anna N. Westmoreland
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Defendant: Gause Enterprises LLC doing business as Mr. Charles Tax
Represented By: Anna N. Westmoreland
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Counter claimant: Gause Enterprises LLC
Represented By: Anna N. Westmoreland
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Counter defendant: JTH Tax LLC
Represented By: Benjamin Luke Williams
Represented By: Peter G. Siachos
Represented By: Allison J. Becker
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