KAM Development, LLC v. Marco's Franchising, LLC
| KAM Development, LLC |
| Marco's Franchising, LLC |
| 3:2020cv02024 |
| September 9, 2020 |
| US District Court for the Northern District of Ohio |
| Jeffrey J Helmick |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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Filing 42
Defendant's Answer to #13 Amended complaint and affirmative defenses filed by Marco's Franchising, LLC. (Blum, W.)
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Filing 41
Case Management Conference Scheduling Notice: case management conference to be held on 11/16/2020 at 3:30 PM telephonically before Judge Jeffrey J. Helmick. (Attachments: #1 Report of Parties' Planning Meeting)(S,AL)
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Filing 40
Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, Plaintiff's motions for a preliminary injunction, (Doc. Nos. 5 & 18), are denied. re #39 . Judge Jeffrey J. Helmick on 10/20/2020. (S,AL)
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Filing 39
Memorandum Opinion and Order: Plaintiff's motions for a preliminary injunction, (Doc. Nos. 5 & 18), are denied. Defendant shall file an answer or otherwise respond to Plaintiff's amended complaint by November 4, 2020. re #5 #18 . Judge Jeffrey J. Helmick on 10/20/2020. (S,AL)
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Order [non-document] granting the plaintiff's motion for leave to file closing argument under seal. #34 Judge Jeffrey J. Helmick on 10/20/2020.(S,AL)
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Filing 38
Letter Response to Notice of Supplemental Authority filed by KAM Development, LLC. Related document(s) #37 . (Davis, Brent)
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Filing 37
Supplement to Brief - Notice of Supplemental Authority, filed by Marco's Franchising, LLC. Related document(s) #35 , #33 , #36 . (Attachments: #1 Exhibit Supplemental Authority - Court Decision)(Blum, W.) Modified on 10/27/2020 (K,AR).
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Filing 36
Reply Closing Argument filed by Marco's Franchising, LLC. Related document(s) #35 . (Blum, W.)
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Filing 35
Closing Argument in its Second Motion for Preliminary Injuction with Temporary Restraints filed by KAM Development, LLC. Related document(s) #34 , #18 . (Davis, Brent)
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Filing 34
Motion for Leave to File Written Closing Argument Under Seal filed by Plaintiff KAM Development, LLC. (Davis, Brent)
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Filing 33
Brief in Closing Argument filed by Marco's Franchising, LLC. Related document(s) #32 . (Attachments: #1 Appendix Appendix to Closing Argument) (Blum, W.)
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Filing 32
Order: The parties have agreed to extend the temporary restraining order issued on September 11, 2020, through Monday, October 19, 2020. Marco's initial submission is due by Monday, October 12, 2020 at 8:00 AM. KAM's response is due by Thursday, October 15, 2020 at 8:00 AM. Both of these submissions are limited to 25 pages. Any reply to KAM's response is due by the end of the day, Friday, October 16, 2020, and is limited to 15 pages. Judge Jeffrey J. Helmick on 10/9/2020. (S,AL)
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Minutes of proceedings [non-document] before Judge Jeffrey J. Helmick. Evidentiary Hearing held via video on 10/8/2020. Brent Davis, Justin Klein, Nick Huckaby, Barry Blum, Carrie Thiem, and Aaron Blynn present. The parties consent to proceeding via video. Testimony taken: Tony Libardi and Ashley Weis. (Order to follow) (Court Reporter: Stacey Kiprotich/Angela Nixon.)Time: 6 hours and 10 minutes. (S,AL)
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Filing 31
Return of Service by certified mail executed upon Marco's Franchising, LLC on 9/14/2020, filed on behalf of KAM Development, LLC Related document(s) #1 . (Attachments: #1 Certified Mail Green Card Returned)(Silverman, Peter)
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Filing 30
Order: Because of the need to hear further evidence and possible argument by the parties, the hearing will resume on Thursday, October 8, 2020, at 11:00 AM. In light of these ongoing proceedings, the temporary restraining order I issued on September 11, 2020, is hereby extended, with the consent of all parties, through October 13, 2020. Judge Jeffrey J. Helmick on 10/6/2020. (S,AL)
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Filing 29
Expedited Non-Appeal Transcript Order Form for proceedings held on October 5, 2020 before Judge Jeffrey Helmick, re Evidentiary Hearing,. Court Reporter: Stacey Kiprotich. Requested completion date: October 6, 2020 filed by Marco's Franchising, LLC. (Blum, W.)
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Minutes of proceedings [non-document] before Judge Jeffrey J. Helmick. Evidentiary Hearing held on 10/5/2020. Brent Davis, Justin Klein, Nick Huckaby, Barry Blum, Carrie Thiem, and Aaron Bylnn present. Testimony taken: Andy Hunter and Tony Limbardi. Matter continued until 10/8/2020 at 11:00 AM to be held by video conference (Toledo) before Judge Jeffrey J. Helmick. (Court Reporter: Stacey Kiprotich.)Time: 6 hours and 25 minutes. (S,AL)
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Filing 28
Expedited Non-Appeal Transcript Order Form for proceedings held on October 2, 2020 before Judge Jeffrey Helmick, re Evidentiary Hearing,,. Court Reporter: Stacey Kiprotich. Requested completion date: October 4,2020 filed by Marco's Franchising, LLC. (Blum, W.)
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Minutes of proceedings [non-document] before Judge Jeffrey J. Helmick.Evidentiary Hearing held on 10/2/2020. Brent Davis, Justin Klein, Peter Silverman, Barry Blum, Carrie Thiem, and Aaron Blynn present. Hearing held via video conference. Arguments heard. Testimony taken: Andy Hunter. Matter not concluded and continued for 10/5/2020 at 01:00 PM in to be held by video conference (Toledo) before Judge Jeffrey J. Helmick. Participants to use the same video conference access information as previously provided for the 10/2/2020 hearing. (Court Reporter: Stacey Kiprotich.)Time: 5 hours and 40 minutes. (S,AL)
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Filing 27
Reply in support of #18 Second Motion for preliminary injunction with temporary restraints filed by KAM Development, LLC. (Attachments: #1 Affidavit Second Declaration of Andrew Hunter, #2 Exhibit Email chain between KAM and Publix)(Davis, Brent)
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Filing 26
SEALED Document:Reply to Defendant Marco's Franchsing, LLC's Opposition to Plaintiff's Second Motion for Preliminary Injuction with Temporary Restraints filed by KAM Development, LLC. Related document(s) #22 . (Attachments: #1 Exhibit Declaration of Andrew Hunter, #2 Exhibit Marco's Area Representative Agreement, #3 Exhibit JII Franchise Group, LLC Area Representative Agreement, #4 Exhibit Website Screenshot, #5 Exhibit Marco's Letter to Kam)(Huckaby, Nicholas)
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Filing 25
Response to #18 Second Motion for preliminary injunction with temporary restraints regarding Charlotte ARA filed by Marco's Franchising, LLC. (Blum, W.)
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Filing 24
Reply to response to #18 Second Motion for preliminary injunction with temporary restraints filed by KAM Development, LLC. (Attachments: #1 Exhibit Second Declaration of Andrew Hunter, #2 Exhibit Redacted Area Rep Manual, #3 Exhibit Redacted Jeremiah's Agreement, #4 Exhibit Screenshot of Website, #5 Exhibit Letter from Marco's to KAM)(Davis, Brent)
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Filing 23
Attorney Appearance by Carrie E. Thiem filed by on behalf of Marco's Franchising, LLC. (Thiem, Carrie)
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Filing 22
Marginal Entry Order granting plaintiff's motion for leave to file under seal. (Related Doc #21 ). Judge Jeffrey J. Helmick on 9/29/2020.(S,AL)
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Filing 21
Motion for leave to file reply brief in support of preliminary injunction and related exhibits under seal filed by Plaintiff KAM Development, LLC. (Huckaby, Nicholas)
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Filing 20
Response to #18 Second Motion for preliminary injunction with temporary restraints Defendant's Response to Motion for Preliminary Injunction filed by Marco's Franchising, LLC. (Brunton, Gregory)
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Filing 19
Order: I vacate the schedule set forth in the 9/24/2020 order and establish the following schedule in its place: With regard to the issues relating to the Columbia, SC agreement, Marco's shall submit a response to KAM's motion for a preliminary injunction with temporary restraints by September 26, 2020. KAM shall submit their reply to this response before October 1, 2020. As discussed during the hearing I conducted on September 24, 2020, the parties are free to submit briefing concerning the Charlotte, NC agreement as well, but such briefing is not subject to the same deadlines as briefing related to the Columbia, SC agreement. The parties are hereby given permission to exceed the page limitation contained in Local Rule 7.1(f) and file memorandum for each of the agreements at issue of up to twenty-five (25) pages in length. re #17 . Judge Jeffrey J. Helmick on 9/25/2020. (S,AL)
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Filing 18
Second Motion for preliminary injunction with temporary restraints filed by Plaintiff KAM Development, LLC. (Attachments: #1 Exhibit Declaration of Andrew Hunter)(Silverman, Peter)
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Filing 17
Order: I am extending the temporary restraining order I issued on September 11, 2020. The order will remain in effect through October 6, 2020, but with modifications (see order for full details). An Evidentiary Hearing is set for 10/2/2020 at 10:00 AM to be held by video conference (Toledo) before Judge Jeffrey J. Helmick. With regard to the motion concerning the Charlotte, NC agreement, Marco's shall submit a response before September 26, 2020. KAM shall submit its reply before October 1, 2020. The parties are hereby given permission to exceed the page limitation contained in Local Rule 7.1(f) and file a memorandum of up to twenty-five (25) pages in length. Judge Jeffrey J. Helmick on 9/24/2020. (S,AL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Brent M Davis and Justin Klein for KAM Development, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #14 )(Related Doc #15 ). Judge Jeffrey J. Helmick on 9/24/2020.(S,AL)
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Order [non-document] granting the plaintiff's motion for leave to exceed the page limitation. Plaintiff to file it's motion for preliminary injunction forthwith. (Related Doc #16 ). Judge Jeffrey J. Helmick on 9/24/2020.(S,AL)
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Minutes of proceedings [non-document] before Judge Jeffrey J. Helmick.Telephone Conference held on 9/24/2020. Order to follow. (Court Reporter: Sarah Nageotte.)Time: 1 hour and 30 minutes. (S,AL)
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Filing 16
Motion for leave to Exceed Page Limitation for Memorandum in Support of Second Motion for Preliminary Injunction with Temporary Restraints filed by Plaintiff KAM Development, LLC. Related document(s) #13 . (Attachments: #1 Pleading Second Motion for Preliminary Injunction with Temporary Restraints, #2 Exhibit to Second Motion for Preliminary Injunction - Andy Hunter Declaration in Support)(Silverman, Peter)
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Filing 15
Motion for attorney Justin M. Klein to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10288819, filed by Plaintiff KAM Development, LLC. (Attachments: #1 Declaration of Justin M. Klein)(Silverman, Peter)
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Filing 14
Motion for attorney Brent M. Davis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10288802, filed by Plaintiff KAM Development, LLC. (Attachments: #1 Declaration of Brent M. Davis)(Silverman, Peter)
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Filing 13
Amended complaint against Marco's Franchising, LLC. Filed by KAM Development, LLC. (Silverman, Peter)
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Filing 12
NOTICE of Rescission of Consent to Proposed Consent Order filed by Marco's Franchising, LLC. (Joblove, Michael)
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Filing 11
Notice of Filing of Proposed Consent Order filed by All Plaintiffs. (Attachments: #1 Proposed Order)(Huckaby, Nicholas)
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Order [non-document]granting Motion for appearance pro hac vice by attorney W. Barry Blum and Michael Joblove for Marco's Franchising, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #8 ) (Related Doc #9 ). Judge Jeffrey J. Helmick on 9/14/2020.(S,AL)
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Filing 10
Memorandum Opinion and Order: Plaintiff's motion for a temporary restraining order is granted. Plaintiff will amend their complaint to include the allegations necessary to determine Plaintiff's citizenship for diversity purposes by September 14, 2020. Defendants may respond by amending their motion to dismiss, and I will address promptly the jurisdictional question after the parties put forth the information necessary to make a final determination regarding the existence of diversity jurisdiction. A hearing on Plaintiff's request for preliminary injunction will be scheduled prior to expiration of the injunctive relief granted in this order. re #5 Judge Jeffrey J. Helmick on 9/11/2020. (S,AL)
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Minutes of proceedings [non-document] before Judge Jeffrey J. Helmick. Telephone Conference held regarding plaintiff's motion for a temporary restraining order on 9/11/2020. (Court Reporter: Stacey Kiprotich.)Time: 1 hour and 10 minutes. (S,AL)
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Filing 9
Motion for attorney Michael Joblove to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10258580, filed by Defendant Marco's Franchising, LLC. (Attachments: #1 Declaration of Michael Joblove)(Brunton, Gregory)
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Filing 8
Motion for attorney W. Barry Blum to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10258539, filed by Defendant Marco's Franchising, LLC. (Attachments: #1 Declaration of W. Barry Blum)(Brunton, Gregory)
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Filing 7
Motion (Document withdrawn orally at the 10/2/2020 hearing) to dismiss for lack of jurisdiction Defendant's Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction filed by Defendant Marco's Franchising, LLC. (Brunton, Gregory) Modified on 10/20/2020 (S,AL).
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Filing 6
Attorney Appearance by Gregory D. Brunton filed by on behalf of Marco's Franchising, LLC. (Brunton, Gregory)
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Filing 5
Motion for preliminary injunction with Temporary Restraints filed by Plaintiff KAM Development, LLC. (Attachments: #1 Exhibit 1 - Declaration of Andrew Hunter, #2 Exhibit 2 - Declaration of Michael Hunter, #3 Proposed Order)(Silverman, Peter)
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Filing 4
Corporate Disclosure Statement filed by KAM Development, LLC. (Silverman, Peter)
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Notice [Non-document]: Telephone Conference set for 9/11/2020 at 1:00 PM before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL)
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Order [non-document] granting the plaintiff's motion for leave to exceed the page limitation. Counsel granted leave to file said documents. (Related Doc #3 ). Judge Jeffrey J. Helmick on 9/10/2020.(S,AL)
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Filing 3
Motion for leave to Exceed Page Limitation for Memorandum in Support of Motion for Preliminary Injunction with Temporary Restraints filed by Plaintiff KAM Development, LLC. Related document(s) #1 . (Attachments: #1 Motion for Preliminary Injunction with Temporary Restraints, #2 Exhibit 1 - Declaration of Andrew Hunter, #3 Exhibit 2 - Declaration of Michael Hunter, #4 Proposed Order)(Silverman, Peter)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon Marco's Franchising, LLC. (Attachments: #1 Magistrate Consent Form) (R,Ke)
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Filing 1
Complaint against Marco's Franchising, LLC. Filing fee paid $ 400, Receipt number AOHNDC-10252498.. Filed by KAM Development, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons to Marco's Franchising, LLC) (Silverman, Peter)
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Judge Jeffrey J. Helmick assigned to case. (R,Ke)
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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. (R,Ke)
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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). (R,Ke)
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