Sonic Industries LLC et al v. Simple Tie Ventures LP et al
| Sonic Industries LLC, Sonic Industries Services Inc, Sonic Franchising LLC and America's Drive-In Brand Properties LLC |
| Tanger Restco LP, Lancthree LLC, MONT2 LLC, Maribou LLC, Jeffrey B Solomon, Berkstwo LLC, MONT1 LLC, DJTM LLC, Donald R Welsh, Lanctwo LLC, Schaum's Restco LP, Rapho Restco LP, Limerick Restco LP, Cross Restco LP, Madk LP, Chestone LLC, MONT3 LLC, Drumore Restco LP, Simple Tie Ventures LP, Lancfour LLC, Thomas P Scurria, Upland Restco LP, Willow Grove Restco LP, Berksone LLC, Ox Restco LP, Lancone LLC and Exeter Restco LP |
| 5:2020cv00183 |
| March 2, 2020 |
| US District Court for the Western District of Oklahoma |
| Bernard Jones |
| Scott L Palk |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.
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Filing 59
ORDER ~ A review reveals that no LP or LLC Defendant has filed a disclosure statement in compliance with Local Civil Rule 7.1.1. The Court therefore ORDERS the twenty-four LP or LLC Defendants to file their disclosure statements within seven days, or no later than May 5, 2020. Signed by Honorable Bernard Jones on 4/28/2020. (dwl)
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| Filing 58 REPLY to Response to Motion re #17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit 1- March 5, 2020 Willson Letter, #2 Exhibit 2 - 6th Royalty and Ad Coop Waiver)(Hampton, Joe) |
| Filing 57 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Willow Grove Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 56 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Upland Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 55 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Tanger Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 54 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Simple Tie Ventures LP served on 3/17/2020. (Hampton, Joe) |
| Filing 53 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Schaum's Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 52 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Rapho Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 51 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Ox Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 50 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. MONT3 LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 49 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. MONT2 LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 48 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. MONT1 LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 47 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Maribou LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 46 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Madk LP served on 3/17/2020. (Hampton, Joe) |
| Filing 45 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Limerick Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 44 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Lanctwo LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 43 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Lancthree LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 42 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Lancone LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 41 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Lancfour LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 40 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Jeffrey B Solomon served on 3/17/2020. (Hampton, Joe) |
| Filing 39 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Exeter Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 38 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Drumore Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 37 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Donald R Welsh served on 3/17/2020. (Hampton, Joe) |
| Filing 36 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. DJTM LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 35 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Cross Restco LP served on 3/17/2020. (Hampton, Joe) |
| Filing 34 RESPONSE in Opposition re #17 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit 1 - D. Welsh Declaration, #2 Exhibit 1.1 - 7/27/18 Pedro Email, #3 Exhibit 2 - 9/9/19 Wilson Letter, #4 Exhibit 3 - 11/1/19 Young Ltr)(Avery, Michael) |
| Filing 33 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Chestone LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 32 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Berkstwo LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 31 SUMMONS Returned Executed by America's Drive-In Brand Properties LLC. Berksone LLC served on 3/17/2020. (Hampton, Joe) |
| Filing 30 ANSWER to #5 Amended Complaint , COUNTERCLAIM against All Plaintiffs by All Defendants.(Avery, Michael) |
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Filing 29
ORDER ~ Granting #28 Motion for Leave to File Excess Pages. Per Defendants' request, the brief's page limit is expanded to twenty-eight pages. Signed by Honorable Bernard Jones on 4/14/2020. (dwl)
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| Filing 28 UNOPPOSED MOTION for Leave to File Excess Pages by All Defendants. (Avery, Michael) |
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Filing 27
ORDER REASSIGNING CASE. Case reassigned to Honorable Bernard Jones for all further proceedings. Honorable Robin J. Cauthron no longer assigned to case. Entered at the direction of Honorable Robin J. Cauthron on 03/18/20. (wh)
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Filing 26
ORDER OF RECUSAL. Signed by Honorable Robin J. Cauthron on 03/18/20. (wh)
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Filing 25
ORDER granting #23 Motion for Extension of Time to File Response/Reply. Defendants responses to the First Amended Complaint and Plaintiff's Motion for Preliminary Injunction are due by 4/17/2020. Signed by Honorable Robin J. Cauthron on 03/18/20. (wh)
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Filing 24
ORDER OF RECUSAL. Honorable Jodi W. Dishman recused. The Clerk of the Court is directed to return this case to the regular procedure for random selection so that a successor judge may be determined. Case reassigned to the Honorable Robin J. Cauthron for all further proceedings. Signed by Honorable Jodi W. Dishman on 03/17/2020. (nv)
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| Filing 23 UNOPPOSED MOTION for Extension of Time to File Answer re #5 Amended Complaint , UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #18 Brief, #17 MOTION for Preliminary Injunction by All Defendants. (Avery, Michael) |
| Filing 22 ENTRY of Appearance by Russell C Lissuzzo, III on behalf of All Defendants (Lissuzzo, Russell) |
| Filing 21 ENTRY of Appearance by Zachary A P Oubre on behalf of All Defendants (Oubre, Zachary) |
| Filing 20 ENTRY of Appearance by Michael K Avery on behalf of All Defendants (Avery, Michael) |
| Filing 19 MOTION for Hearing re #18 Brief, #17 MOTION for Preliminary Injunction and Order for Expedited Response by All Plaintiffs. (Hampton, Joe) |
| Filing 18 BRIEF IN SUPPORT re #17 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit 1 - Saroch Affidavit, #2 Exhibit 2 - Trademark Registration, #3 Exhibit 3 - 6A License Agreement, #4 Exhibit 4 - 7 License Agreement, #5 Exhibit 5 - Guaranty Agreement, #6 Exhibit 6 - Default Notice, #7 Exhibit 7 - Notice of Termination)(Hampton, Joe) |
| Filing 17 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit 1 - Proposed Order)(Hampton, Joe) |
| Filing 16 SUMMONS Returned Executed by Sonic Industries Services Inc, Sonic Industries LLC, America's Drive-In Brand Properties LLC, Sonic Franchising LLC. Thomas P Scurria served on 3/9/2020. (Pierce, Amy) |
| Filing 15 ENTRY of Appearance by John F Verhey on behalf of All Plaintiffs (Verhey, John) |
| Filing 14 DISCLOSURE STATEMENT - LLC by America's Drive-In Brand Properties LLC, Sonic Franchising LLC, Sonic Industries LLC . (Pierce, Amy) |
| Filing 13 DISCLOSURE STATEMENT - CORPORATE by Sonic Industries Services Inc . (Pierce, Amy) |
| Filing 12 Summons Reissued Electronically - Alias as to Defendants Berksone LLC, Berkstwo LLC, Chestone LLC, Cross Restco LP, DJTM LLC, Drumore Restco LP, Exeter Restco LP, Lancfour LLC, Lancone LLC, Lancthree LLC, Lanctwo LLC, Limerick Restco LP, MONT1 LLC, MONT2 LLC, MONT3 LLC, Madk LP, Maribou LLC, Ox Restco LP, Rapho Restco LP, Schaum's Restco LP, Simple Tie Ventures LP, Tanger Restco LP, Upland Restco LP, Willow Grove Restco LP. (em) |
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Filing 11
ORDER. A review of the filings in this case reveals that Plaintiffs Sonic Industries LLC, Sonic Franchising LLC and Americas Drive-In Brand Properties LLC have not filed separate "Disclosure Statement[s] Identifying Constituents of LLC or Partnership" in compliance with LCvR7.1.1 and Federal Rule of Civil Procedure 7.1. LCvR7.1.1 requires a party formed as a limited liability company or partnership to file a separate statement concurrently with its first filing in the case meeting the requirements of LCvR7.1.1. This Court therefore ORDERS Plaintiffs Sonic Industries LLC, Sonic Franchising LLC, and Americas Drive-In Brand Properties LLC to each file within 7 days of this Order a separate Disclosure Statement complying with LCvR7.1.1 and Federal Rule of Civil Procedure 7.1. Signed by Honorable Jodi W. Dishman on 03/06/2020. (nv)
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Filing 10
ORDER. A review of the filings in this case reveals that Plaintiff Sonic Industries Services Inc. has not filed a Corporate Disclosure Statement in compliance with Federal Rule of Civil Procedure 7.1, which requires in relevant part that a party must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. See Fed. R. Civ. P. 7.1(b)(1). This Court therefore ORDERS Plaintiff Sonic Industries Services Inc. to file within 7 days of this Order its Corporate Disclosure Statement. A civil form called "Corporate Disclosure Form" is available on the website for the United States District Court for the Western District of Oklahoma, under the tab "Forms." Signed by Honorable Jodi W. Dishman on 03/06/2020. (nv)
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Filing 9
ORDER granting #8 Motion to Appear Pro Hac Vice, provided counsel, as instructed by LCvR83.2(g), submits an ECF registration form and, upon activation, electronically files an entry of appearance consistent with LCvR83.4. Signed by Honorable Jodi W. Dishman on 03/06/2020. (nv)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice of John F. Verhey Filing fee $ 50, receipt number 1087-3113733 by All Plaintiffs. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice Form for John Verhey)(Hampton, Joe) |
| Filing 7 ENTRY of Appearance by Amy J Pierce on behalf of All Plaintiffs (Pierce, Amy) |
| Filing 6 ENTRY of Appearance by Joe M Hampton on behalf of All Plaintiffs (Hampton, Joe) |
| Filing 5 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Verification of Eddie Saroch, #2 Exhibit 2 - Trademark Registration List)(Hampton, Joe) |
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Filing 4
ORDER REASSIGNING CASE. Case Reassigned to the Honorable Jodi W. Dishman. Honorable Scott L. Palk no longer assigned. Signed by Honorable Scott L. Palk on 3/3/2020. (md)
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Filing 3
ORDER OF RECUSAL. Honorable Scott L. Palk recused. Case reassigned to Honorable Jodi W. Dishman for all further proceedings. Signed by Honorable Scott L. Palk on 3/3/2020. (md)
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| Filing 2 Summons Issued Electronically as to All Defendants. (rb) |
| Filing 1 COMPLAINT against All Defendants filed by Sonic Industries Services Inc, Sonic Industries LLC, Sonic Franchising LLC. (Attachments: #1 Civil Cover Sheet)(rb) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-3108784. (Pierce, Amy) |
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