Tenn Slices, LLC et al v. Marco's Franchising, LLC
| Bradley Davis and Tenn Slices, LLC |
| MARCO'S FRANCHISING LLC |
| 3:2020cv02141 |
| September 22, 2020 |
| US District Court for the Northern District of Ohio |
| Jeffrey J Helmick |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 23
Order Parties will have 90 days to complete jurisdictional discovery, through 2/9/2021. Defendant will by 2/24/2021 amend its pending motion to dismiss, or alternatively, provide notice that it will not be amending the motion. Plaintiff's response to the motion due 3/24/2021, reply due 4/7/2021. re #22 Judge Jeffrey J. Helmick on 11/13/2020. (S,AL)
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| Filing 22 Joint Proposed Discovery Schedule Relating to Subject Matter Jurisdiction filed by Marco's Franchising LLC. (Attachments: #1 Exhibit A Scheduling Order)Related document(s) #12 , #16 .(Joblove, Michael) |
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Order [non-document] granting the defendant's motion for an extension of time until November 11, 2020 to file Proposed Discovery and Briefing Schedule. #21 . Judge Jeffrey J. Helmick on 11/5/2020.(S,AL)
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| Filing 21 Joint Motion for extension of time until November 11, 2020 to File Proposed Discovery and Briefing Schedule filed by Defendant Marco's Franchising LLC. (Joblove, Michael) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Brent M. Davis and Justin M. Klein for Bradley Davis and Tenn Slices, 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 #19 ) (Related Doc #20 ). Judge Jeffrey J. Helmick on 10/29/2020.(S,AL)
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| Filing 20 Motion for attorney Justin M. Klein to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10374947, filed by Bradley Davis, Tenn Slices, LLC. (Attachments: #1 Declaration of Pro Hac Vice Admission)(Huckaby, Nicholas) |
| Filing 19 Motion for attorney Brent M. Davis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10371108, filed by Bradley Davis, Tenn Slices, LLC. (Attachments: #1 Declaration of Brent M. Davis)(Huckaby, Nicholas) |
| Filing 18 Notice of Withdrawal of Motion for Preliminary Injunction with Temporary Restraints filed by All Plaintiffs. Related document(s) #11 .(Huckaby, Nicholas) |
| Filing 17 Notice of Filing Declaration of Elizabeth Firestone filed by Marco's Franchising LLC. (Attachments: #1 Exhibit A Declaration of Elizabeth Firestone)Related document(s) #8 .(Joblove, Michael - s/ of Gregory D. Brunton) Modified text on 10/23/2020 (M,L). |
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Filing 16
Order: Parties to meet and confer regarding discovery and briefing schedule. The parties shall submit a proposed discovery and briefing schedule by November 4, 2020. In the event the parties cannot agree on a proposed schedule, the parties shall submit their own proposals. The Court will provide a deadline for Defendant to file an answer or otherwise respond to Plaintiffs' complaint once the schedule for discovery and briefing on the jurisdictional issue is finalized. Judge Jeffrey J. Helmick on 10/21/2020. (S,AL)
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| Notice: Please refer to 20cv2024 KAM v. Marco's Franchising regarding preliminary injunction hearing. (S,AL) |
| Filing 15 Motion for attorney Michael D. Joblove to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10311291, filed by Defendant Marco's Franchising LLC. (Attachments: #1 Declaration of Michael Joblove)(Brunton, Gregory) |
| Filing 14 Motion for attorney W. Barry Blum to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10311271, filed by Defendant Marco's Franchising LLC. (Attachments: #1 Declaration of W. Barry Blum)(Brunton, Gregory) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney W. Barry Blum and Michael D. 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 #14 )(Related Doc #15 ). Judge Jeffrey J. Helmick on 10/1/2020.(S,AL)
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| Filing 13 Attorney Appearance by Carrie E. Thiem filed by on behalf of Marco's Franchising LLC. (Thiem, Carrie) |
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Filing 12
Order: Because I am mindful that Defendant disputes Plaintiffs' allegations regarding Defendant's citizenship, I am giving the parties the opportunity to conduct limited discovery on the matter and submit arguments in support of their positions. The parties shall meet and confer to discuss a schedule for discovery and briefing on this issue and submit any agreed proposal to the Court by October 1, 2020. In the event the parties are unable to agree on a schedule for discovery and briefing, I will set one. re #9 Judge Jeffrey J. Helmick on 9/25/2020. (S,AL)
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| Filing 11 WITHDRAWN per #18 Notice of Withdrawal Motion for preliminary injunction with temporary restraints filed by Bradley Davis, Tenn Slices, LLC. Related document(s) #9 . (Attachments: #1 Exhibit 1 - Declaration of Bradley Davis, #2 Exhibit 2 - Declaration of Brent M. Davis, Esq.)(Silverman, Peter) Modified on 11/2/2020: Per chambers, modified to withdraw document. (M,L). |
| Filing 10 Supplemental Memorandum in support of #8 Motion to dismiss complaint for lack of subject matter jurisdiction filed by Marco's Franchising LLC. (Brunton, Gregory) Modified text on 9/28/2020 (M,L). |
| Filing 9 Temporty Restraining Order: Plaintiffs' motion for a temporary restraining order is granted. Plaintiffs' motion for a preliminary injunction is held in abeyance pending a hearing on October 2, 2020, at 10:00 AM, via video, to hear further evidence and argument on the matter. Defendant's motion to dismiss the complaint for lack of subject matter jurisdiction is held in abeyance pending a final determination of Marco's citizenship for diversity purposes. I will set a schedule for discovery and briefing regarding the jurisdictional question in due course. Judge Jeffrey J. Helmick on 9/24/2020. (S,AL) |
| 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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Order [non-document] granting plaintiff's Motion to exceed page limitations. Plaintiff to file the motion for preliminary injuction forthwith. (Related Doc #3 ). Judge Jeffrey J. Helmick on 9/24/2020.(S,AL)
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| Filing 8 Motion to dismiss complaint for lack of subject matter jurisdiction filed by Defendant Marco's Franchising LLC. (Attachments: #1 Affidavit Declaration of Ashley Weis)(Brunton, Gregory) |
| Filing 7 Attorney Appearance by Gregory D. Brunton filed by on behalf of Marco's Franchising LLC. (Brunton, Gregory) |
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Filing 6
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Jeffrey J. Helmick for all further proceedings as related to Case No. 3:20 CV 2024. Judge Jack Zouhary on 9/23/2020. (D,L)
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| Filing 5 Civil Case Management Procedures Order. Judge Jack Zouhary on 9/23/2020. (R,Ke) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Marco's Franchising LLC. (Attachments: #1 Magistrate Consent Form) (B,R) |
| 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. (B,R) |
| Judge Jack Zouhary assigned to case, (B,R) |
| Judge Jeffrey J. Helmick assigned to case, Judge Jack Zouhary terminated. (Y,A) |
| 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. (B,R) |
| Filing 3 Motion for leave to exceed page limitations filed by Bradley Davis, Tenn Slices, LLC. Related document(s) #1 . (Attachments: #1 Motion for Preliminary Injunction, #2 Exhibit 1 to Motion for Preliminary Injunction - Declaration of Brad Davis, #3 Exhibit 2 to Motion for Preliminary Injunction - Declaration of Brent Davis)(Silverman, Peter) |
| Filing 2 Corporate Disclosure Statement filed by Bradley Davis, Tenn Slices, LLC. (Silverman, Peter) |
| Filing 1 Complaint against Marco's Franchising, LLC. Filing fee paid $ 400, Receipt number AOHNDC-10284974. Plaintiff has indicated that case may be related to pending civil action 3:20-cv-2024. Filed by Tenn Slices, LLC, Bradley Davis. (Attachments: #1 Civil Cover Sheet, #2 Summons to Marco's Franchising, LLC) (Silverman, Peter) |
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