SC America LLC v. Marcos Franchising LLC
| SC America LLC |
| Marcos Franchising LLC |
| Shameem Chowdhury |
| 3:2022cv00919 |
| June 2, 2022 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Jack Zouhary |
| Contract: Franchise |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 23
Return of Service by personal service executed upon Shameem Chowdhury on 7/11/2022, filed on behalf of Marcos Franchising LLC Related document(s) #17 . (Bravo, Eric)
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Filing 22
Third Party Summons issued to counsel for service upon Shameem Chowdhury. (H,JL)
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Filing 21
Praecipe for issuance of Third Party Summons filed by Marcos Franchising LLC. (Attachments: #1 Summons Shameem Chowdhury)(Bravo, Eric)
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Filing 20
ORDER. Initial Video Conference held on July 6, 2022. Plaintiff shall either retain counsel to enter an appearance within two weeks of this Order -- on or before July 21, 2022 -- or the Complaint will be dismissed without prejudice. Mr. May shall send Plaintiff a copy of this Order by email and copy Chambers (zouhary_chambers@ohnd.uscourts.gov). See Order for details. Judge Jack Zouhary on 7/7/2022. (20 mins) (V,S)
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Filing 19
FILING ERROR (Wrong summons uploaded) Praecipe for issuance of Third Party Summons to Shameem Chowdhury filed by Marcos Franchising LLC. (Attachments: #1 Summons Shameem Chowdhury)(Bravo, Eric) . Filer advised to refile Praecipe with Third Party Summons attached. Modified on 7/7/2022 (H,JL)
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Filing 18
Corporate Disclosure Statement filed by Marcos Franchising LLC. (Bravo, Eric)
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Filing 17
Answer to Complaint , Third party complaint against Shameem Chowdhury, Counterclaim against SC America LLC filed by Marcos Franchising LLC. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Lease Rider, #3 Exhibit C - 1-18-22 Notice, #4 Exhibit D - 3-7-22 Notice of Termination, #5 Exhibit E - Limited License Agreement, #6 Exhibit F - Temporary Restraining Order)(Bravo, Eric)
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NOTICE [non-document] of Initial Video Conference set for July 6, 2022 at 1:30 PM (EST) before Judge Jack Zouhary. Prior to the conference, a Zoom invitation will be sent by email. No dispositive motions shall be filed prior to the Initial Video Conference. (V,S)
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Filing 16
Returned Mail addressed to Attorney Edward E. May, II. Return to Sender. Not deliverable as addressed. Unable to forward. Related document(s) #13 . (K,L)
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Filing 15
Attorney Appearance by Eric S. Bravo filed by on behalf of Marcos Franchising LLC. (Bravo, Eric)
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Filing 14
Attorney Appearance by Gregory D. Brunton filed by on behalf of Marcos Franchising LLC. (Brunton, Gregory)
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Notice to Attorney Leslie K. Eason. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Jeremy W. Richter. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Edward E. May, II. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Anne Pierce Caiola. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Filing 13
Magistrate Consent Form issued. (M,TL)
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Filing 12
CASE TRANSFERRED IN from District of Alabama Northern. Case number 1:22-cv-00610. Electronic file, transfer order and docket sheet received.
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Copy of #13 Magistrate Consent Form and docket sheet mailed to Leslie K Eason, GORDON REES SCULLY MANSUKHANI LLP, 420 North 20th Street, Suite 2200, Birmingham, AL 35203; Jeremy W Richter, WEBSTER HENRY LYONS BRADWELL COHAN & BLACK PC, 2 Perimeter Park South, Suite 445e, Birmingham, Al 35243; nne Pierce Caiola, CAIOLA & ROSE, LLC, 125 Clairemont Avenue, Suite 240, Decatur, GA 30030; Edward E May, II, MAY LAW GROUP, 1603 5th Avenue North, Birmingham, AL 35203 on 06/02/2022. (M,TL)
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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 Darrell A. Clay. (M,TL)
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Judge Jack Zouhary assigned to case. (M,TL)
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Filing 11
ORDER - This case is before the court on the parties' briefs in support of their respective positions on whether the court should transfer this case to the U.S. District Court for the Northern District of Ohio. (Docs. #6 , #9 ). For the reasons provided in the contemporaneously filed memorandum opinion, the court concludes that this case is due to be and hereby is TRANSFERRED to the U.S. District Court for the Northern District of Ohio pursuant to the parties' forum-selection clause. Signed by Judge R David Proctor on 6/1/2022. (KEK) [Transferred from alnd on 6/2/2022.]
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Filing 10
MEMORANDUM OPINION - This case is before the court on the parties' briefs in support of their respective positions on whether the court should transfer this case to the U.S. District Court for the Northern District of Ohio. (Docs. #6 , #9 ). For the reasons explained above, Marco's motion to transfer to the proper venue is due to be granted. A separate order in accordance with this memorandum opinion will be entered contemporaneously. Signed by Judge R David Proctor on 6/1/2022. (KEK) [Transferred from alnd on 6/2/2022.]
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Filing 9
Brief Marco's Brief in Support of Transfer Based on the Mandatory Forum-Selection Clause. (Richter, Jeremy) [Transferred from alnd on 6/2/2022.]
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Filing 8
ORDER for the reasons provided in the contemporaneously filed memorandum opinion, the court concludes sua sponte that subject matter jurisdiction exists in this case and, therefore, removal is proper; The court ORDERS the parties to file simultaneous briefing regarding the proper venue for this case and any other issues that the parties wish the court to consider on or by Friday, May 27, 2022. Parties SHALL submit simultaneous responsive briefs on or by Friday, June 3, 2022. Signed by Judge R David Proctor on 5/19/2022. (KAM) [Transferred from alnd on 6/2/2022.]
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Filing 7
MEMORANDUM OPINION. Signed by Judge R David Proctor on 5/19/2022. (KAM) [Transferred from alnd on 6/2/2022.]
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Filing Fee: Filing fee $ 402, receipt_number AALNDC-4089987. related document #1 NOTICE OF REMOVAL by Marcos Franchising LLC from Calhoun County Circuit Court, case number 2022-900192. (), filed by Marcos Franchising LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(KAM). (Richter, Jeremy) [Transferred from alnd on 6/2/2022.]
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Filing 6
STATUS REPORT by Marcos Franchising LLC. filed by Marcos Franchising LLC (Richter, Jeremy) [Transferred from alnd on 6/2/2022.]
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Filing 5
TEXT ORDER The court held a status conference in this action on May 13, 2022. In accordance with the courts instructions in the conference, the parties SHALL meet and confer and file a joint report on or before May 16, 2022, providing a proposed plan for the next steps of this case. The joint report SHALL include the parties position on (1) remand, (2) the forum selection clause, (3) extension of the temporary restraining order issued in state court, and (4) any other matter the parties deem necessary for the court to address. Signed by Judge R David Proctor on 5/13/2022. (KAM) [Transferred from alnd on 6/2/2022.]
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Filing 4
ORDER #3 Motion for Leave to Appear PHV of Anne P. Caiola is GRANTED. Signed by Judge R David Proctor on 5/13/2022. (KAM) [Transferred from alnd on 6/2/2022.]
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Filing 3
MOTION for Leave to Appear Pro Hac Vice by Marcos Franchising LLC. (Attachments: #1 Exhibit EXHIBIT 1)(Eason, Leslie) [Transferred from alnd on 6/2/2022.]
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PHV Fee paid: $ 75, receipt number AALNDC-4085608. (Eason, Leslie) NDAL rec # B4601120254 Modified on 5/18/2022 (KAM). [Transferred from alnd on 6/2/2022.]
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Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 5/13/2022. As discussed, the parties shall submit a joint report by 5/16/2022. (Court Reporter Risa Entrekin.) (KLL) [Transferred from alnd on 6/2/2022.]
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Filing 2
TEXT ORDER This case is before the court on Defendants Notice of Removal #1 . This case is SET for a status conference in chambers on Friday, May 13, 2022 at 1:00 p.m. before Judge R David Proctor. A court reporter will be present. Signed by Judge R David Proctor on 5/12/2022. (KAM) [Transferred from alnd on 6/2/2022.]
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Filing 1
NOTICE OF REMOVAL by Marcos Franchising LLC from Calhoun County Circuit Court, case number 2022-900192. (), filed by Marcos Franchising LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(KAM) [Transferred from alnd on 6/2/2022.]
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