Michelin Retread Technologies, Inc v. Jacks Tire & Oil Management Company, Inc et al
Plaintiff: Michelin Retread Technologies, Inc
Defendant: Jacks Tire & Oil Management Company, Inc and Jacks Tire Investment Company, Inc
Case Number: 6:2024cv00017
Filed: January 2, 2024
Court: US District Court for the District of South Carolina
Presiding Judge: Jacquelyn D Austin
Referring Judge: Joseph Dawson
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2024 Filing 33 Sealed Document in re document #25 . (Attachments: #1 Exhibit 2 - Suppl Dunphy Declaration)(Builder, Lindsay) Modified on 2/16/2024 to remove incorrect link(jtho, ).
February 15, 2024 Filing 32 TEXT ORDER granting #24 Motion to seal certain exhibits to reply. Plaintiff is directed to file under seal the subject exhibits attached to the Supplemental Declaration of Peter Dunphy which was filed as an exhibit to its Reply in Support of Motion for Temporary Restraining Order. Signed by Honorable Jacquelyn D Austin on 2/15/24.(jtho, )
February 14, 2024 Filing 31 NOTICE OF CHANGE OF CASE NUMBER: The new case number is 6:24-cv-00017-JDA. Please make a note of this for all future filings as well as Judge Austin's filing preferences. (jens)
February 14, 2024 Filing 30 Case Reassigned to Judge Jacquelyn D Austin. Judge Joseph Dawson, III no longer assigned to the case. (suro, )
February 12, 2024 Filing 29 NOTICE of Cancellation of Hearing: Motion Hearing set for 2/13/2024 10:30 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Joseph Dawson III. (lgib, )
February 12, 2024 Filing 27 TEXT ORDER granting #26 Joint Motion for Continuance and Stay of Case for a period of 60 days through April 10, 2024. On or before April 10, 2024, the parties shall file a joint status report as to the status of the matter with respect to the Temporary Restraining Order and shall include proposed dates for a hearing, if necessary, and a proposed amended scheduling order for the Courts consideration. Signed by the Honorable Joseph Dawson, III on 2/12/2024. (lgib, )
February 12, 2024 Filing 26 Joint MOTION to Continue the hearing ( Response to Motion due by 2/26/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), Joint MOTION to Stay of Case by Michelin Retread Technologies, Inc. No proposed order.(Builder, Lindsay)
February 9, 2024 Filing 25 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order Response filed by Michelin Retread Technologies, Inc. (Attachments: #1 Exhibit A - Supplemental Declaration of Dunphy)(Builder, Lindsay) Modified on 2/16/2024: see entry #33 for sealed attachments (jtho, ).
February 9, 2024 Filing 24 MOTION to Seal Certain Exhibits to Reply by Michelin Retread Technologies, Inc. Response to Motion due by 2/23/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Descriptive Index of Documents to Be Filed Under Seal)No proposed order.(Builder, Lindsay)
February 6, 2024 Filing 23 Sealed Document in re document #4 , 21 . (Attachments: #1 Exhibit 5 to Declaration of Builder - addenda to MCSN, #2 Exhibit 6 to Declaration of Builder - ASA)(Builder, Lindsay)
February 5, 2024 Filing 22 NOTICE of Hearing on #4 MOTION for Temporary Restraining Order : Motion Hearing set for 2/13/2024 10:30 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Joseph Dawson III. (lgib, )
February 5, 2024 Filing 21 TEXT ORDER granting unopposed #7 Motion to File Redacted Documents in Lieu of Filing Under Seal. Signed by the Honorable Joseph Dawson, III on 2/5/2023. (lgib, )
February 2, 2024 Filing 20 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order Response filed by Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc.Reply to Response to Motion due by 2/9/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit of Bob Feldbauer, #2 Affidavit of Jase Allen, #3 Affidavit of Dick Tolotti)(Culbreath, Gray)
January 26, 2024 Filing 19 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 2/16/2024, 26(a) Initial Disclosures due by 3/1/2024, Rule 26 Report due by 3/1/2024, Motions to Amend Pleadings due by 3/22/2024, Plaintiffs ID of Expert Witness due by 4/22/2024, Defendants ID of Expert Witnesses Due by 5/22/2024, Records Custodian Affidavit due by 5/22/2024, Discovery due by 7/22/2024, Motions due by 8/21/2024, Bench Trial Deadline 11/19/2024, Mediation Due by 7/22/2024. Signed by the Honorable Joseph Dawson, III on 1/26/2024. (lgib, )
January 25, 2024 Filing 18 TEXT ORDER granting unopposed #6 Motion in Support of Pro Hac Vice Application for Peter W. Herzog, III. Signed by the Honorable Joseph Dawson, III on 1/25/2024. (lgib, )
January 24, 2024 Filing 17 Local Rule 26.01 Answers to Interrogatories by Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc.(Conits, Ioannis)
January 24, 2024 Filing 16 ANSWER to #1 Complaint by Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc.(Conits, Ioannis)
January 24, 2024 Filing 15 TEXT ORDER granting consent #12 Motion for Extension. Defendants Jack's Tire & Oil Management Company, Inc. and Jack's Tire Investment Company, Inc.'s deadline to respond to Plaintiff Michelin Retread Technologies, Inc.'s Motion for Temporary Restraining Order (DE 4) and Motion to Seal Certain Exhibits to the Motion for Temporary Restraining Order (DE 7) is hereby extended to February 2, 2024. Signed by the Honorable Joseph Dawson, III on 1/24/2024. (lgib, )
January 18, 2024 Filing 14 NOTICE of Appearance by Peter Michael McCoy, Jr on behalf of Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc (McCoy, Peter)
January 16, 2024 Filing 13 CERTIFICATE OF CONSULTATION byJacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc re #12 MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Temporary Restraining Order, #7 MOTION to Seal Certain Exhibits to Memo in Support of Motion for TRO . (Conits, Ioannis)
January 15, 2024 Filing 12 MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Temporary Restraining Order, #7 MOTION to Seal Certain Exhibits to Memo in Support of Motion for TRO by Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc. Response to Motion due by 1/29/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Conits, Ioannis)
January 9, 2024 Filing 11 NOTICE of Appearance by John T Lay on behalf of Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc (Lay, John)
January 9, 2024 Filing 10 NOTICE of Appearance by Gray Thomas Culbreath on behalf of Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc (Culbreath, Gray)
January 9, 2024 Filing 9 SUMMONS Returned Executed by Michelin Retread Technologies, Inc. All Defendants. (Attachments: #1 Affidavit of Service - Jack's Tire & Oil Management Company, Inc., #2 Affidavit of Service - Jack's Tire Investment Company, Inc.)(Builder, Lindsay)
January 9, 2024 Filing 8 STIPULATION by Michelin Retread Technologies, Inc. (Builder, Lindsay)
January 3, 2024 Filing 7 MOTION to Seal Certain Exhibits to Memo in Support of Motion for TRO by Michelin Retread Technologies, Inc. Response to Motion due by 1/17/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Descriptive Index of Documents to Be Filed Under Seal)No proposed order.(Builder, Lindsay)
January 3, 2024 Filing 6 MOTION to Appear Pro Hac Vice by Peter W Herzog III ( Filing fee $ 350 receipt number ASCDC-11507370) by Michelin Retread Technologies, Inc. Response to Motion due by 1/17/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Builder, Lindsay)
January 3, 2024 Filing 5 Summons Issued as to Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc. Service due by 4/2/2024. (lgib, )
January 2, 2024 Filing 4 MOTION for Temporary Restraining Order by Michelin Retread Technologies, Inc. Response to Motion due by 1/16/2024. (Attachments: #1 Memo in Support of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Exhibit A - Declaration of Lindsay Builder, #3 Exhibit A - 1 Dealer Agreement, #4 Exhibit A - 2 MRTI Franchise Agreement, #5 Exhibit A - 3 MCSN Franchise Agreement, #6 Exhibit A - 4 Addendum to MRTI Franchise Agreement, #7 Exhibit A - 5 Addendum to MCSN Franchise Agreement, #8 Exhibit A - 6 ASA, #9 Exhibit B - Declaration of Peter Dunphy, #10 Exhibit C - Unpublished Opinions) No proposed order. (lgib, )
January 2, 2024 Filing 3 Local Rule 26.01 Answers to Interrogatories by Michelin Retread Technologies, Inc. (lgib, )
January 2, 2024 Filing 1 COMPLAINT against Jacks Tire & Oil Management Company, Inc, Jacks Tire Investment Company, Inc (filing fee $405 receipt number ASCDC-11504587), filed by Michelin Retread Technologies, Inc. Service due by 4/1/2024. (lgib, )

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Plaintiff: Michelin Retread Technologies, Inc
Represented By: Lindsay Livingston Builder
Represented By: David Eidson Dukes
Represented By: Michael Paxton Moran
Represented By: Peter W Herzog, III
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Defendant: Jacks Tire & Oil Management Company, Inc
Represented By: John T Lay
Represented By: Gray Thomas Culbreath
Represented By: Ioannis George Conits
Represented By: Peter Michael McCoy, Jr.
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Defendant: Jacks Tire Investment Company, Inc
Represented By: Gray Thomas Culbreath
Represented By: Ioannis George Conits
Represented By: John T Lay
Represented By: Peter Michael McCoy, Jr.
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