Tutor Doctor Systems, Inc. v. Sernoffsky et al
| Tutor Doctor Systems, Inc. |
| Nathan Sernoffsky, Top Tutor of Ohio, LLC and Education Resource Consulting, LLC |
| 1:2021cv00664 |
| October 14, 2021 |
| US District Court for the Southern District of Ohio |
| Matthew W McFarland |
| Contract: Franchise |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
Order referring case to Magistrate Judge Stephanie K. Bowman for settlement purposes only. Signed by Judge Matthew W. McFarland on 12/02/2021. (kaf)
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| Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 12/02/2021. Counsel for Plaintiff and Defendants present by phone. Status of case discussed. Order of Referral to Mediation to follow. (kaf) |
| Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 11/09/2021. Counsel for Plaintiff and Defendants present by phone. Status of case discussed. Status Conference set for 12/02/2021 at 1:15PM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 10/18/2021 docket entry for dial-in instructions. (kaf) |
| NOTICE of Hearing: Status Conference set for 11/09/2021 at 10:00AM via Teleconference before Judge Matthew W. McFarland. Counsel shall refer to 10/18/2021 docket entry for dial-in instructions. (kaf) |
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Filing 11
CONSENT PRELIMINARY INJUNCTION: IT IS THEREFORE ORDERED that the defendants, and all those acting in concert or privity with them, including any of their agents, servants, employees, and attorneys, are enjoined from (a) continuing to operate or own any interest in any business offering tutoring services in zip code 45034, 45039, 45040, 45065, 45152, 45158, or within 25 miles of the outer boundary of the territory encompassed by those zip codes, or within 25 miles of any TUTOR DOCTOR franchised location; (b) continuing to use any registered mark of the TUTOR DOCTOR system, including without limitation the marks TUTOR DOCTOR and X-SKILLS in commerce; (c) continuing to use any information, knowhow, programs, systems, or processes obtained from TDS or any of its affiliates; and (d) continuing to divert any current or former customers of their former TUTOR DOCTOR business, or any other TUTOR DOCTOR business, to any other business. IT IS FURTHER ORDERED that, in view of the agreement of the pa1iies to this Consent Preliminary Injunction, the Court exercises its discretion under Fed.R.Civ.P 65 to dispense with the requirement of the posting of a bond. Signed by Judge Matthew W. McFarland on 10/20/2021. (kaf)
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| Minute Entry for proceedings held before Judge Matthew W. McFarland: This matter was before the Court on 10/20/2021 for an initial telephonic status call regarding the pending Motion for Temporary Restraining Order and a Preliminary Injunction (Doc. #8 ). Present by phone were Attorneys James Rubinger and Elise Yarnell, counsel for Plaintiff. Neither counsel for Defendants nor Defendants themselves appeared. Plaintiff's counsel indicated that they had consulted with Defendants' counsel regarding a consent injunction, which disposes of the currently pending Motion for Temporary Restraining Order and a Preliminary Injunction (Doc. #8 ), and that counsel was negotiating resolution of the entire matter. The Court set a follow-up Status Conference for 11/09/2021 at 10:00AM via teleconference before Judge Matthew W. McFarland. Counsel shall refer to 10/18/2021 docket entry for dial-in instructions. (Court Reporter: Julie Wolfer) (kaf) |
| Filing 10 SUMMONS Returned Executed as to Defendants Education Resource Consulting, LLC, Nathan Sernoffsky, Top Tutor of Ohio, LLC. All Defendants. (Attachments: #1 Return of Service - Education Resource, #2 Return of Service - TTO) (Yarnell, Elise) |
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NOTATION ORDER granting #9 Motion for Leave to Appear Pro Hac Vice of James C. Rubinger as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 10/19/2021. (eh)
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8547669) of James C. Rubinger by Plaintiff Tutor Doctor Systems, Inc.. (Attachments: #1 Certificate of Good Standing) (Yarnell, Elise) |
| Filing 8 MOTION for Temporary Restraining Order and a Preliminary Injunction by Plaintiff Tutor Doctor Systems, Inc.. (Attachments: #1 Declaration of F. Milner, #2 Exhibit Ex. 1 of Declaration - TDS Franchise Agreement, #3 Exhibit Ex. 2 of Declaration - Top Tutor Locations, #4 Exhibit Ex. 3 of Declaration - Top Tutor NS Ownership 2019, #5 Exhibit Ex. 4 of Declaration - Top Tutor Testimonials, #6 Exhibit Ex. 5 of Declaration - Tutoring Course Options, #7 Exhibit Ex. 6 of Declaration - NS LinkedIn Profile, #8 Exhibit Ex. 7 of Declaration - Best of Parenting 2020 Award, #9 Exhibit Ex. 8 of Declaration - Testimonial from S. Pittman, #10 Exhibit Ex. 9 of Declaration - Monthly Subscription Terms of Service, #11 Exhibit Ex. 10 of Declaration - Picture of NS and Nametag, #12 Exhibit Ex. 11 of Declaration - NS Termination Letter, #13 Proposed Order) (Yarnell, Elise). Added MOTION for Preliminary Injunction on 10/18/2021 (kh). |
| Filing 7 Summons Issued as to Education Resource Consulting, LLC, Nathan Sernoffsky, Top Tutor of Ohio, LLC. (kl) |
| Filing 6 NOTICE by Plaintiff Tutor Doctor Systems, Inc. - Civil Cover Sheet (Yarnell, Elise) Modified on 10/27/2021 (pb). |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kl) |
| Filing 5 REQUEST for Issuance of Summons. TO: Top Tutor of Ohio, LLC (Yarnell, Elise) |
| Filing 4 REQUEST for Issuance of Summons. to Nathan Sernoffsky (Yarnell, Elise) |
| Filing 3 REQUEST for Issuance of Summons. (Yarnell, Elise) |
| Filing 2 Corporate Disclosure Statement by Plaintiff Tutor Doctor Systems, Inc.. (Yarnell, Elise) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8543376), filed by Tutor Doctor Systems, Inc.. (Yarnell, Elise) |
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