Tutor Doctor Systems, Inc. v. Sernoffsky et al
Plaintiff: Tutor Doctor Systems, Inc.
Defendant: Nathan Sernoffsky, Top Tutor of Ohio, LLC and Education Resource Consulting, LLC
Case Number: 1:2021cv00664
Filed: October 14, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Matthew W McFarland
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2021 Opinion or Order 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)
December 2, 2021 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)
November 9, 2021 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)
October 21, 2021 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)
October 20, 2021 Opinion or Order 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)
October 20, 2021 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)
October 19, 2021 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)
October 19, 2021 Opinion or Order 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)
October 18, 2021 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)
October 15, 2021 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).
October 15, 2021 Filing 7 Summons Issued as to Education Resource Consulting, LLC, Nathan Sernoffsky, Top Tutor of Ohio, LLC. (kl)
October 15, 2021 Filing 6 NOTICE by Plaintiff Tutor Doctor Systems, Inc. - Civil Cover Sheet (Yarnell, Elise) Modified on 10/27/2021 (pb).
October 15, 2021 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kl)
October 14, 2021 Filing 5 REQUEST for Issuance of Summons. TO: Top Tutor of Ohio, LLC (Yarnell, Elise)
October 14, 2021 Filing 4 REQUEST for Issuance of Summons. to Nathan Sernoffsky (Yarnell, Elise)
October 14, 2021 Filing 3 REQUEST for Issuance of Summons. (Yarnell, Elise)
October 14, 2021 Filing 2 Corporate Disclosure Statement by Plaintiff Tutor Doctor Systems, Inc.. (Yarnell, Elise)
October 14, 2021 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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Plaintiff: Tutor Doctor Systems, Inc.
Represented By: Elise Kraft Yarnell
Represented By: A.J. Hensel
Represented By: James C. Rubinger
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Defendant: Nathan Sernoffsky
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Defendant: Top Tutor of Ohio, LLC
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Defendant: Education Resource Consulting, LLC
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