REVZIP, LLC et al v. MCDONNELL et al
| POWER HOUSE SUBS CORPORATE, LLC and REVZIP, LLC |
| POWER HOUSE II, LLC, POWER HOUSE CATERING, LLC, POWER HOUSE ENTERPRISES, LLC, GEORGIE'S SELF-SERVE FOOD, INC., DANA BEARER, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC, JACOB BEARER and CHRISTOPHER MCDONNELL |
| 3:2019cv00191 |
| November 6, 2019 |
| US District Court for the Western District of Pennsylvania |
| Kim R Gibson |
| Other Statutory Actions |
| None |
Docket Report
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Filing 36
ORDER re #35 Stipulation filed by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. Said Stipualtion is granted. Signed by Judge Kim R. Gibson on 12/30/19. (jjg)
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Filing 35
STIPULATION re #30 MOTION to Dismiss by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Siljander, Briar)
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Filing 34
Errata re #25 Brief in Opposition - Other,, by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. Reason for Correction: Attorney signature did not match Attorney filing. (Miles, Philip)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #25 Brief in Opposition - Other. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (jmm)
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Filing 33
ORDER -IT IS HEREBY ORDERED that the costs of producing the transcript of the hearing on Plaintiffs' Motion for Preliminary Injunction (ECF No. #3 ), taken on November 26, 2019, and November 27, 2019, are to be shared equally between the parties. Signed by Judge Kim R. Gibson on 12/6/2019. (dlg)
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Filing 32
MEMORANDUM OPINION AND ORDER - after hearing and consideration of Plaintiffs' Complaint (ECF No. #1 ) and Motion for Preliminary Injunction and Temporary Restraining Order (ECF No. #3 ) under Federal Rule of Civil Procedure 65, it is hereby Ordered that the Motion for a Preliminary Injunction is DENIED. The Temporary Restraining Order entered on 11/14/2019, and extended on 11/27/2019 (ECF Nos. #12 , #21 ) is hereby DISOLVED, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 12/9/2019. (dlg)
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Filing 31
BRIEF in Support of #30 MOTION to Dismiss , filed by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Wilt, Ethan) Modified text on 12/9/2019. (jjg)
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Filing 30
MOTION to Dismiss by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Attachments: #1 Proposed Order) (Wilt, Ethan)
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Filing 29
ORDER that the Temporary Restraining Order entered on November 14, 2019 is extended until December 9, 2019 at 5:00 p.m., or until further order of this Court. Signed by Judge Kim R. Gibson on 12/06/19. (jjg)
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Filing 28
Errata re #26 Brief in Support - Other by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. Reason for Correction: Adding of Unpublished Cases. (Attachments: #1 Exhibit Unpublished Case, #2 Exhibit Unpublished Case, #3 Exhibit Unpublished Case, #4 Exhibit Unpublished Case, #5 Exhibit Unpublished Case, #6 Exhibit Unpublished Case, #7 Exhibit Unpublished Case) (Siljander, Briar)
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Filing 27
Errata re #25 Brief in Opposition - Other,, by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. Reason for Correction: Attaching unpublished Opinion. (Attachments: #1 Unpublished Opinion) (Wilt, Ethan)
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Filing 26
BRIEF in Support of #3 MOTION for Preliminary Injunction and Temporary Restraining Order filed by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Siljander, Briar)
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Filing 25
BRIEF in Opposition to #17 Proposed Order, Notice of Hearing, #18 Disclosure Statement, #14 Deposit of Sequestered Funds, Update Answer Deadline, Corrective Entry, #16 Notice of Appearance, #15 Notice of Appearance, #21 Order, #13 Oral Argument,, #23 Notice of Appearance, #24 Disclosure Statement, #19 Order, #20 Response to Motion, #22 Motion Hearing,,, filed by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Wilt, Ethan)
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Filing 24
Disclosure Statement identifying None as corporate parent or other affiliate, by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Wilt, Ethan)
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Filing 23
NOTICE of Appearance by Ethan V. Wilt on behalf of DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Wilt, Ethan)
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Filing 22
Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a hearing on Plaintiffs' Motion for a Preliminary Injunction on 11/26/2019-11/27/2019. Counsel for both sides presented testimony and evidence. The Court noted that it would continue the Temporary Restraining Order previously in effect, pending resolution of the instant Motion. The Court instructed the parties to file post-hearing briefs by 12:00 p.m. on Wednesday, December 4, 2019. No further issues were discussed and the Court ended the hearing. (Court Reporter: Lynn Faint; Curt Rose) (dlg)
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Filing 21
ORDER re #12 Order on Motion for Preliminary Injunction; IT IS HEREBY ORDERED that the Temporary Restraining Order entered on November 14,2019 is EXTENDED until December 6, 2019 at 5:00pm or until further order of this Court. Signed by Judge Kim R. Gibson on 11/27/2019. (cel)
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Filing 20
RESPONSE to Motion re #3 MOTION for Preliminary Injunction and Temporary Restraining Order (and Brief) filed by DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Attachments: #1 Exhibit A-Mike Declaration, #2 Unpublished Opinions/Case law) (Miles, Philip)
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Filing 19
ORDER re #17 Stipulation and Order on Motion for Preliminary Injunction filed by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC - The parties are hereby ordered to act in accordance with said Stipulation. The hearing on the Motion scheduled for 11/26/2019 is canceled as to Defendant Georgie's Self-serve Food, Inc. ONLY. Signed by Judge Kim R. Gibson on 11/25/2019. (dlg)
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Filing 18
Disclosure Statement identifying None as corporate parent or other affiliate, by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Siljander, Briar)
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Filing 17
Proposed Order and Stipulation for Motion for Preliminary Injunction by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Siljander, Briar)
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Filing 16
NOTICE of Appearance by A. Thomas Farrell on behalf of GEORGIE'S SELF-SERVE FOOD, INC.. (Farrell, A.)
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Filing 15
NOTICE of Appearance by Philip K. Miles, III on behalf of DANA BEARER, JACOB BEARER, CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, SUPREME FUNDRAISING AND CATERING, LLC. (Miles, Philip)
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Filing 14
DEPOSIT of Funds into local Registry per #12 Order in the amount of $ $5,000.00 (jjg)
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Update Answer Deadline: Answer due from DANA BEARER on 11/30/2019; JACOB BEARER on 11/30/2019; CHRISTOPHER MCDONNELL on 11/30/2019; MICHAEL MCDONNELL on 11/30/2019 (sdp)
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Filing 13
Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held oral argument on Plaintiffs' Motion for a Preliminary Injunction and Temporary Restraining Order with counsel for the Plaintiffs appearing in person. No Defense counsel has entered an appearance and no defense counsel appeared at the oral argument. Plaintiffs' counsel presented argument on the issues before the Court. No further issues were discussed and the Court ended the conference. (Court Reporter: Lynne Faint) (dlg)
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Filing 12
MEMORANDUM ORDER granting #3 Motion for Preliminary Injunction and Temporary Restraining Order, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 11/14/2019. (dlg) Modified text on 11/14/2019. (dlg)
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NOTICE of Hearing: Hearing on Plaintiffs' Motion for a Preliminary Injunction (ECF No. #3 ) is scheduled for 11/26/2019, at 10:00 a.m. before Judge Kim R. Gibson. Text only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
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CORRECTIVE ENTRY re #12 Memorandum Order on Motion for Preliminary Injunction - the Memorandum Order is GRANTED as to the Motion for a Temporary Restraining Order ONLY, not on the Motion for Preliminary Injunction. (dlg) Modified text on 11/14/2019. (dlg)
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Filing 11
CERTIFICATE OF SERVICE of Jacob Bearer by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC (Attachments: #1 Affidavit of Service - Jacob Bearer) (Siljander, Briar)
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Filing 10
CERTIFICATE OF SERVICE of Dana Bearer by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC (Attachments: #1 Affidavit of Service - Dana Bearer) (Siljander, Briar)
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Filing 9
CERTIFICATE OF SERVICE of Christopher McDonnell by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC (Attachments: #1 Affidavit of Service - Christopher McDonnell) (Siljander, Briar)
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Filing 8
CERTIFICATE OF SERVICE of Michael McDonnell by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC (Attachments: #1 Affidavit of Service - Michael McDonnell) (Siljander, Briar)
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Filing 7
Summons Reissued as to DANA BEARER, JACOB BEARER, GEORGIE'S SELF-SERVE FOOD, INC., CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, POWER HOUSE CATERING, LLC, POWER HOUSE ENTERPRISES, LLC, POWER HOUSE II, LLC, SUPREME FUNDRAISING AND CATERING, LLC (jjg)
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NOTICE of Hearing: Oral Argument on Temporary Restraining Order is scheduled for 11/14/2019, at 1:00 p.m. in Courtroom A - Johnstown before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
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Filing 6
PRAECIPE to Reissue Summons by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC (Siljander, Briar)
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Filing 5
BRIEF in Support re #3 Motion for Preliminary Injunction and Temporary Restraining Order filed by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Attachments: #1 Exhibit, #2 Exhibit 1 Declaration of Ryan DelBaggio, #3 Exhibit 2 Declaration of Brice Mertiff, #4 Exhibit 3 Declaration of Bradley Becher, #5 Exhibit 4 Letter to Michael McDonnell, #6 Exhibit 5 Declaration of Andrew Hoover, #7 Exhibit 6 Registration of Fictitious Name, #8 Exhibit 7 Cert of Organization, #9 Exhibit 8 Declaration of Robert Emigh, #10 Exhibit 9 Declaration of Alyssa DelBaggio, #11 Exhibit 10 Declaration of Trisha Gregorchik, #12 Exhibit 11 State Complaint, #13 Exhibit 12 Athlete_s Foot Mktg. Assocs. v. Zell, #14 Exhibit 13 Letter to Kevin Persio, #15 Exhibit 14 PharMerica Corp v Sturgeon, #16 Exhibit 15 Quaker Chem Corp v Varga) (Siljander, Briar)
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Filing 4
CERTIFICATE OF SERVICE AMENDED by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC re #3 Motion for Preliminary Injunction (Siljander, Briar)
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Filing 3
MOTION for Preliminary Injunction and Temporary Restraining Order by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Attachments: #1 Proposed Order) (Siljander, Briar)
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Filing 2
Summons Issued as to DANA BEARER, JACOB BEARER, GEORGIE'S SELF-SERVE FOOD, INC., CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, POWER HOUSE CATERING, LLC, POWER HOUSE ENTERPRISES, LLC, POWER HOUSE II, LLC, SUPREME FUNDRAISING AND CATERING, LLC (jjg)
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Filing 1
COMPLAINT against DANA BEARER, JACOB BEARER, GEORGIE'S SELF-SERVE FOOD, INC., CHRISTOPHER MCDONNELL, MICHAEL MCDONNELL, POWER HOUSE CATERING, LLC, POWER HOUSE ENTERPRISES, LLC, POWER HOUSE II, LLC, SUPREME FUNDRAISING AND CATERING, LLC (Filing fee, including Administrative fee, $400, receipt number 0315-5351380), filed by POWER HOUSE SUBS CORPORATE, LLC, REVZIP, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet, #8 Summons) (jjg)
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