Marco's Franchising, LLC et al v. Soham, Inc. et al
| MP Marks, LLC and Marco's Franchising, LLC |
| Soham Lutz, LLC, Soham Dania Beach, LLC, Nick A. Patel, Soham Hallandale, LLC, Chandravadan J. Patel, Soham, Inc., Soham Marlins, LLC and Ritesh N. Patel |
| 3:2019cv00301 |
| February 8, 2019 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on April 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE [non-document] of Phone Status set for 4/29/19 at 9:00 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 39 Joint Motion for second extension of time until 4/15/19 to Move, Plead, or Otherwise Respond to Defendants' Counterclaim filed by Plaintiff Marco's Franchising, LLC. (Nightingale, Adam) |
Order [non-document] granting #39 Joint Motion for extension of time until 4/15/19 to Move, Plead, or Otherwise Respond to Defendants' Counterclaim. Judge Jack Zouhary on 3/20/2019.(D,L)
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| Filing 38 Notice of Filing Bond for Preliminary Injunction in the amount of $75,000.00 with attachment (Power of Attorney) filed by Marco's Franchising, LLC. (Nightingale, Adam) |
| Filing 37 Supplemental Order re: Bond. This Order amends this Court's recent Order #36 , which had instructed the Clerk to invest bond funds. Marco's shall post a bond in the amount of $75,000. The Clerk shall accept and deposit the bond into the registry of this Court and shall neither invest these funds nor deduct a registry fee as previously ordered. Judge Jack Zouhary on 3/13/2019. (D,L) |
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Filing 36
ORDER RE: CROSS MOTIONS FOR PRELIMINARY INJUNCTION. Marco's Motion for Preliminary Injunction #7 is granted. Soham's Cross-Motion for Preliminary Injunction #31 is denied. Soham is enjoined from continuing to use the Marco's trademarks or holding out its restaurants as authorized Marco's franchises. Marco's shall post a bond in the amount of $75,000. The Clerk shall accept and deposit the bond into the registry of this Court. See attached Order for further detail. Judge Jack Zouhary on 3/12/19.(S,Na)
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| Filing 35 Unopposed Motion for extension of time until 3/25/2019 to Move, Plead, or Otherwise Respond to Defendants' Counterclaim filed by MP Marks, LLC, Marco's Franchising, LLC. (Nightingale, Adam) |
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Order [non-document] granting #35 Motion for Extension of Time until March 25, 2019 to respond to Defendants' Counterclaim. Judge Jack Zouhary on 3/11/2019.(D,L)
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| Filing 34 Opposition to #31 Defendants' Cross-Motion for Preliminary Injunction) filed by MP Marks, LLC, Marco's Franchising, LLC. (Nightingale, Adam) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Hearing held on 3/1/2019 re Motions for Preliminary Injunction (Docs. #7 & #31 ). Counsel present: Barry Blum, John Carey, and Adam Nightingale for Plaintiffs; Morgan Ben-David, Michael Einbinder, and James Irmen for Defendants. Oral argument held. This Court took the matter under advisement. (Court Reporter: Stacey Kiprotich.) (1 hr, 15 mins) (D,L) |
| Filing 33 Supplemental Declaration of Morghan Ben-David, Esq filed by Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. Related document(s) #31 . (Attachments: #1 Exhibit B Excerpts from April Cooper Deposition, #2 Exhibit C Excertps from Ashley Weis Deposition)(Irmen, James) Modified text on 3/4/2019 (D,TM). |
| Filing 32 Amended Affidavit/Declaration of Aneesh Patel with Exhibits attached (Franchise Agreements) filed by Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. Related document(s) #31 . (Irmen, James) Modified text on 2/28/2019 (D,TM). |
| Filing 31 Memorandum in support of its Cross Motion for Preliminary Injunction and in Opposition to Plaintiffs #7 Motion for Preliminary Injunction with Memorandum in Support and Exhibits A through D attached filed by Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. (Attachments: #1 Affidavit of Aneesh Patel, #2 Affidavit of Morgan Ben-David) (Irmen, James) Modified text on 2/28/2019 (D,TM). |
| Filing 30 Supplemental Memorandum in Support of #7 Motion for Preliminary Injunction with Exhibits A and B attached filed by MP Marks, LLC, Marco's Franchising, LLC. (Attachments: #1 Affidavit (Declaration) of Aris Rafael Vargas) (Nightingale, Adam) |
| Filing 29 Stipulated Protective Order regarding confidential documents approving #27 Proposed Stipulated Protective Order Motion. Judge Jack Zouhary on 2/27/2019. (D,L) |
| Filing 28 Marginal Entry Order granting #24 Motion for appearance pro hac vice by attorney Michael Einbinder for Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 2/26/2019. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 27 Proposed Stipulated Protective Order Motion filed by Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. (Irmen, James) |
| Filing 26 Declaration of Michael Einbinder filed by Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. Related document(s) #24 . (Irmen, James) Modified text on 2/25/2019 (D,TM). |
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Filing 25
ORDER. Phone Status held on 2/21/19. Defendants' Motion for Temporary Restraining Order #8 is denied. Counsel and Court discussed and resolved two discovery disputes. Defendants' Response to Plaintiffs' Motion for Preliminary Injunction #7 is due by 2/27/19 with Hearing set for 3/1/19 at 11:30 AM in Courtroom 209 before Judge Jack Zouhary. (30 min) Judge Jack Zouhary on 2/22/19. (S,Na)
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| Filing 24 Motion for attorney Michael Einbinder to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9160409, filed by Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. (Attachments: #1 Affidavit Declaration of M. Einbinder, #2 Certificate of Good Standing)(Irmen, James) Modified -Affidavit/Declaration to be refiled with original signature on 2/22/2019 (O,K). |
| Filing 23 Notice to take Deposition pursuant to Rule 30(B)(6) of Plaintiff on 2/25/2019 filed by All Defendants. (Irmen, James) Modified on 2/22/2019 (document unsigned) (D,TM) |
| Filing 22 Corporate Disclosure Statement filed by Soham Development, LLC. (Irmen, James) |
| Filing 21 Corporate Disclosure Statement filed by Soham, Inc.. (Irmen, James) |
| Filing 20 Corporate Disclosure Statement filed by Soham Marlins, LLC. (Irmen, James) |
| Filing 19 Corporate Disclosure Statement filed by Soham Lutz, LLC. (Irmen, James) |
| Filing 18 Corporate Disclosure Statement filed by Soham Hallandale, LLC. (Irmen, James) |
| Filing 17 Corporate Disclosure Statement filed by Soham Dania Beach, LLC. (Irmen, James) |
| Filing 16 Declaration od Morgan Ben-David filed by Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. Related document(s) #13 . (Irmen, James) Modified text on 2/21/2019 (D,TM). |
| Filing 15 Marginal Entry Order granting #13 Motion for appearance pro hac vice by attorney Morgan Ben-David for Defendants Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 2/20/2019. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 14 Marginal Entry Order granting #12 Motion for appearance pro hac vice by attorney W. Barry Blum for Plaintiffs MP Marks, LLC and Marco's Franchising, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 2/20/2019. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 13 Motion for attorney Morgan Ben-David to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9156372, filed by Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. (Attachments: #1 Pleading Declaration, #2 Exhibit Certificate of Good Standing)(Irmen, James) Modified - Declaration to be refiled with original signatures on 2/20/2019 (O,K). |
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ORDER [non-document]. Response to pending Motions due by 2/27/19. Hearing scheduled for 3/1/19 at 11:30 AM in Courtroom 209 before Judge Jack Zouhary. Judge Jack Zouhary on 2/20/19. (S,Na)
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| Filing 12 Motion for attorney W. Barry Blum to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9154905, filed by MP Marks, LLC, Marco's Franchising, LLC. (Attachments: #1 Affidavit /Declaration of W. Barry Blum)(Nightingale, Adam) |
| Filing 11 Answer Affirmative Defenses and Counterclaim to Plaintiff's Complaint filed by Soham Hallandale, LLC, Soham, Inc., Soham Marlins, LLC, Chandravadan J. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Nick A. Patel, Soham Lutz, LLC. (Attachments: #1 Exhibit Marco's/Soham Development, LLC Area Representative Agreement, #2 Exhibit Marco's/Soham Inc. Franchise Agreement, #3 Exhibit Marco's/Soham Marlins Franchise Agreement, #4 Exhibit Marco's/Soham Lutz Franchise Agreement, #5 Exhibit 5 Notices of Deficiency from Marco's to Franchisees dated 10-4-2018, #6 Exhibit 5 Notices of Default from Marco's to Franchisees dated 10-25-2018, #7 Exhibit 5 Notices of Default and Termination from Marco's to Franchisees dated 1-9-2019, #8 Exhibit Soham Hallandale Purchase and Sale Agreement dated 12-24-2018) (Irmen, James) |
| Filing 10 Affidavit/Declaration of Todd Watson filed by Marco's Franchising, LLC. (Nightingale, Adam) |
| Filing 9 Memorandum opposing #8 Motion for temporary restraining order and Memorandum in Support filed by Marco's Franchising, LLC. (Nightingale, Adam) |
| Filing 8 Motion for temporary restraining order and Memorandum in Support filed by Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of Aneesh Patel, #2 Exhibit A - Franchise Agreement 8049, #3 Exhibit B - Franchise Agreement 8200, #4 Exhibit C - Franchise Agreement 8117, #5 Exhibit D - Pyrimont Compl., #6 Exhibit E - Notice of Deficiency, #7 Exhibit F - 10/25/18 Notice of Default, #8 Exhibit G - Composite Notices of Termination, #9 Exhibit 2 - Cabrera Transcript, #10 Proposed Order) (Nelson, Shawn) |
| NOTICE [non-document] of Phone Status set for 2/15/19 at 2:30 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| NOTICE [non-document] of Phone Status set for 2/13/19 at 3:30 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 7 Motion for preliminary injunction with Memorandum in Support filed by MP Marks, LLC, Marco's Franchising, LLC. (Attachments: #1 Exhibit A - Declaration of Ashley Weis, #2 Exhibit B - Declaration of Anthony Libardi)(Nightingale, Adam) |
| Filing 6 Corporate Disclosure Statement filed by MP Marks, LLC. (Carey, John) |
| Filing 5 Corporate Disclosure Statement filed by Marco's Franchising, LLC. (Carey, John) |
| Filing 4 Corrected Original Summons issued to counsel for service upon All Defendants. (D,TM) |
| Filing 3 Civil Case Management Procedures Order. Judge Jack Zouhary on 2/8/2019. (D,TM) |
| Filing 2 FILING ERROR - conversion error Counsel notified Clerk of error- Original Summons re-issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (D,TM) Modified on 2/8/2019 (D,TM). |
| Filing 1 Complaint for Injunctive Relief against Chandravadan J. Patel, Nick A. Patel, Ritesh N. Patel, Soham Dania Beach, LLC, Soham Hallandale, LLC, Soham Lutz, LLC, Soham Marlins, LLC, Soham, Inc.. Filing fee paid $ 400, Receipt number 0647-9139045.. Filed by Marco's Franchising, LLC, MP Marks, LLC. (Attachments: #1 Exhibit A - 8049 Franchise Agreement, #2 Exhibit B - 8117 Franchise Agreement, #3 Exhibit C - 8200 Franchise Agreement, #4 Exhibit D - 8166 Franchise Agreement, #5 Exhibit E - 10/4/2018 Notices of Deficiency, #6 Exhibit F - 10/25/2018 Notices of Default, #7 Exhibit G - 1/19/2019 Termination Notices, #8 Civil Cover Sheet, #9 Summons to Soham, Inc., #10 Summons to Soham Dania Beach, LLC, #11 Summons to Soham Lutz, LLC, #12 Summons to Soham Hallandale, LLC, #13 Summons to Soham Marlins, LLC, #14 Summons to Ritesh N. Patel, #15 Summons to Chandravadan J. Patel, #16 Summons to Nick A. Patel) (Carey, John) |
| Judge Jack Zouhary assigned to case. (D,TM) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (D,TM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (D,TM) |
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