C&W LLP et al v. Burgerim Group, Inc. et al
| Wendy W Rose, Cheryl Robinson, C&W LLP, C&W, LLP and Wendy Rose |
| Michael Bohbut, Burgerim Group, Inc., John and Jane Does, Juan Munoz, Michael Buchbot and Burgerim Group USA Inc |
| 3:2020cv00085 |
| February 27, 2020 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Debra C Poplin |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 77
ORDER of USCA as to #75 Notice of Appeal filed by C&W, LLP, Wendy Rose, Cheryl Robinson. It is therefore ORDERED that this cause be, and it hereby is, dismissed for want of prosecution. No mandate to issue. (JBR)
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Filing 76
USCA Case Number 22-5306 for #75 Notice of Appeal filed by C&W, LLP, Wendy Rose, Cheryl Robinson; Case Manager Monica Page. (AYB)
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Filing 75
NOTICE OF APPEAL as to #73 Memorandum & Opinion, #74 Judgment, by C&W, LLP, Cheryl Robinson, Wendy Rose. Filing fee $ 505, receipt number ATNEDC-5030695. (Berg, Darren)
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Filing 74
JUDGMENT ORDER re #73 Memorandum Opinion: Consistent with the contemporaneously filed memorandum opinion, this action is DISMISSED WITH PREJUDICE for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). The Clerk is DIRECTED to close the case. ENTERED AS A JUDGMENT by LeAnna R. Wilson, CLERK OF COURT. Signed by District Judge Travis R McDonough on 3/15/2022. (BJL)
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Filing 73
MEMORANDUM OPINION: this matter is DISMISSED WITH PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by District Judge Travis R McDonough on 3/15/2022. (BJL)
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Filing 72
Administrative Notice to Darren Berg re #70 Application for Clerk's Default: You must re-file Doc. #70 Application for Clerk's Default by filing separate applications for each individual defendant. Also, you must file an Affidavit with a notarized signature. Forms and instructions are available on the Court's website: https://www.tned.uscourts.gov/default-judgment-instructions-and-forms. Requirements due by 3/14/2022. (JBR)
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Filing 71
[DISREGARD ENTRY. ECF ERROR OPENING 70-1 CORRECTED BY CLERK'S OFFICE] Administrative Notice to Counsel re: #70 Application for Clerk's Default: requirements due by 3/14/2022. Please re-file the relevant affidavit to Document 70 in ECF. (AYB) Modified text on 3/8/2022 (JBR).
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Filing 70
APPLICATION for Clerk's Default as to Burgerim Group, Inc., Burgerim Group USA Inc by C&W, LLP. Party is instructed to email the proposed default to the clerk at the appropriate email address in accordance with #http://www.tned.uscourts.gov/forms/all-forms/civil_forms. (Attachments: #1 Affidavit)(Berg, Darren)
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Filing 69
ORDER re #66 Application for Clerk's Default, filed by C&W, LLP, Wendy Rose, Cheryl Robinson. The Plaintiffs are hereby ORDERED to file a corrected application for clerks entry of default no later than 5:00 p.m. on Friday, March 4, 2022. The Plaintiffs are once again ON NOTICE that if no corrected application is filed by that time, their case will be dismissed underFederal Rule of Civil Procedure 41(b) for failure to prosecute. Signed by District Judge Travis R McDonough on 2/25/2022. (BDG)
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Filing 68
Administrative Notice to Counsel Darren Berg #66 Application for Clerk's Default: Requirements due by 2/22/2022. Please see the Court's website regarding Default Judgments.https://www.tned.uscourts.gov/default-judgment-instructions-and-forms, Please correct and refile using the court's instructions for obtaining a defaultjudgment(ABF)
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Filing 67
RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 66
[Incorrectly filed; to be refiled] APPLICATION for Clerk's Default as to Burgerim Group, Inc., Burgerim Group USA Inc by C&W, LLP, Cheryl Robinson, Wendy Rose. Party is instructed to email the proposed default to the clerk at the appropriate email address in accordance with #http://www.tned.uscourts.gov/forms/all-forms/civil_forms. (Berg, Darren) Modified on 2/15/2022 (ABF).
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Filing 65
NOTICE of Appearance by Darren V Berg on behalf of All Plaintiffs (Berg, Darren)
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Filing 64
ORDER. Plaintiffs are ORDERED to file on or before February 14, 2022, aresponse showing why their claims against Defendants should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. Plaintiffs are hereby put ON NOTICE that if they do not timely file a response showing good cause, their claims against the non-responsive Defendants may be dismissed. Signed by District Judge Travis R McDonough on 2/3/2022. (BDG)
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Filing 63
AFFIDAVIT of Service for Summons to Bergerim Group USA, Inc. was served on California Secretary of State on October 8, 2021, filed by C&W, LLP, Cheryl Robinson, Wendy Rose. (Stokes, Brett)
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Filing 62
Summons Issued as to Burgerim Group USA Inc. (ABF)
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Filing 61
SUPPLEMENT to #50 Amended Complaint Summons for Burgerim USA by C&W, LLP. (Stokes, Brett)
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Filing 60
ORDER granting #57 Motion for an order allowing Plaintiffs to serve Defendant Burgerim Group USA, Inc., through the California Secretary of State. The Court additionally AMENDS the Plaintiffs' deadline to serve Defendants to October 19, 2021. Failure to serve Burgerim Group, USA, Inc., or Burgerim Inc., by that date will result in both parties being dismissed from this action without prejudice for failure to serve. Signed by District Judge Travis R McDonough on 9/21/2021. (BJL)
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Filing 59
SUMMONS Returned Executed by C&W, LLP. Burgerim Group, Inc. served on 9/17/2021. (Stokes, Brett)
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Filing 58
Summons Issued as to Burgerim Group, Inc. (JBR)
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Filing 57
MOTION for Leave to File Summons through California Secretary of State by C&W, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stokes, Brett)
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Filing 56
SUPPLEMENT to #50 Amended Complaint Summons by C&W, LLP. (Stokes, Brett)
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Filing 55
Summons Returned Unexecuted by C&W, LLP as to Burgerim Group USA Inc. (Stokes, Brett)
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Filing 54
ORDER: Plaintiff(s) are hereby ON NOTICE that failure to serve Burgerim Group, Inc., and Burgerim Group USA, Inc., on or before September 28, 2021 will result in both parties being dismissed from this action without prejudice for failure to serve. Signed by District Judge Travis R McDonough on 8/24/2021. (BJL)
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Filing 53
[Disregard ORDER]:-entered in error. (BJL) Modified on 7/2/2021 (BJL).
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Filing 52
ORDER: the Court ACCEPTS and ADOPTS the report and recommendation (Doc. #49 ) pursuant to 28 U.S.C. 636(b)(1), and ORDERS as follows: (1) Plaintiffs' motion for default judgment (Doc. #38 ) is DENIED WITHOUT PREJUDICE; (2) Plaintiffs are GRANTED leave to file an amended complaint; and (3) Plaintiffs are ORDERED to complete service under Federal Rule of Civil Procedure 5(a)(2) on or before July 30, 2021.Signed by District Judge Travis R McDonough on 7/2/2021. (BJL)
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Filing 51
Summons Issued as to Burgerim Group USA Inc. (ABF)
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Filing 50
AMENDED COMPLAINT FIRST against Burgerim Group, Inc., Burgerim Group USA Inc., filed by C&W, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Summons Summons Burger USA)(Stokes, Brett)
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Filing 49
REPORT AND RECOMMENDATIONS: The Court RECOMMENDS that Plaintiffs Request for Default Judgment #38 be DENIED WITHOUT PREJUDICE and that Plaintiffs request to amend the Complaint be GRANTED.Signed by Magistrate Judge Debra C Poplin on 6/4/21. (ABF)
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Filing 48
RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP. (Stokes, Brett)
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Filing 47
ORDER: Because continuity of counsel is ensured, Plaintiffs' request to substitute Attorney Stokes in place of Attorney Berg is well taken, and it is GRANTED. The Court ORDERS Attorney Berg to provide copies of any relevant documents, including the documentation received in response to the subpoenas, to Attorney Stokes within five (5) days of the instant Order. Attorney Stokes SHALL ensure that Attorney Berg receives the instant Order. After Attorney Berg provides copies of the relevant documents to Attorney Stokes, Attorney Berg is hereby RELIEVED of his duties as counsel as this case. Further, given that Attorney Stokes has not received the relevant documents, the Court GRANTS Plaintiffs additional time to respond to the Court's March 3 Order. Plaintiffs SHALL respond to the Court's March 3 Order on or before May 13, 2021. Accordingly, the Motion for Substitution [Doc. #46 ] is GRANTED. Signed by Magistrate Judge Debra C Poplin on 4/29/21. (JBR)
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Filing 46
MOTION for Leave to Appear , MOTION to Substitute Attorney by C&W, LLP, Cheryl Robinson, Wendy Rose. (Stokes, Brett)
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Filing 45
MEMORANDUM AND ORDER: The Motion to Withdraw as Counsel of Record [Doc. #43 ] is DENIED WITHOUT PREJUDICE. Attorney Berg may refile his request, but he SHALL comply with the Local Rules. Given the potential issues with Plaintiffs' current representation, the Court GRANTS the Motion for Extension of Time [Doc. #44 ]. Plaintiffs SHALL respond to the Order to Show Cause on or before April 30, 2021. Signed by Magistrate Judge Debra C Poplin on 3/17/21. (JBR)
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Filing 44
MOTION for Extension of Time to File Response/Reply as to #42 Order to Show Cause, by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 43
MOTION to Withdraw as Attorney by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 42
ORDER, the Court ORDERS Plaintiffs within fourteen (14) days of the instant Order to supplement their Response to clarify and address the above issues. Failure to respond may result in the dismissal of their action. Signed by Magistrate Judge Debra C. Poplin on 3/3/21. (ADA)
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Filing 41
SUPPLEMENT to #38 MOTION for Default Judgment Rule 72 Declaration of Wendy Rose by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 40
Administrative Notice to Counsel #38 MOTION for Default Judgment: Counsel is directed to refile the exhibit titled Rose Declaration as a supplement to document # 38. The Court is unable to view the exhibit. Requirements due by 12/7/2020. (KMK)
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Filing 39
ORDER REFERRING MOTION re #38 RESPONSE construed as a MOTION for Default Judgment. The motion for default judgment (Doc. 38) is hereby REFERRED to United States Magistrate Judge Debra C. Poplin. The magistrate judge is designated to conduct such evidentiary hearings and enter such dispositions as she deems appropriate pursuant to 28 U.S.C. 636(b)(1)(B) and (C). Signed by District Judge Travis R McDonough on 12/1/2020. (BJL)
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Filing 38
RESPONSE re #36 Order,,,, Set Deadlines,,, . (Attachments: #1 Exhibit Rose Declaration)(Berg, Darren) Modified on 12/1/2020 (BJL).*Construed as a Motion for Default Judgment see #39 Order Rerring Motion. Modified on 12/1/2020 (BJL).
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Filing 37
CLERK'S ENTRY OF DEFAULT as to Burgerim Group, Inc. (BJL)*Mailed to BURGERIM GROUP, INC.c/o Peter Bronstein, esq. Registered Agent1999 Avenue of the Stars, Suite 11th Floor Los Angeles, CA 90067
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Filing 36
ORDER re #35 Amended Document filed by C&W, LLP, Wendy Rose, Cheryl Robinson, #34 Response: Defendant Burgerim Group, Inc., has neither appeared nor defended this action. Plaintiffs' filing amounts to a renewal of the application for Clerk's entry of default under Federal Rule of Civil Procedure 55(a). Accordingly, the Clerk is DIRECTED to enter default against Defendant Burgerim Group, Inc., pursuant to Federal Rule of Civil Procedure 55(a). Because this case does not appear to involve a sum certain, Plaintiffs are ORDERED to apply for entry of default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) on or before November 20, 2020. Signed by District Judge Travis R McDonough on 11/6/2020. (BJL)
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Filing 35
AMENDED DOCUMENT by C&W, LLP, Cheryl Robinson, Wendy Rose. Amendment to #8 Summons Returned Executed(non-USA) . (Attachments: #1 Affidavit)(Berg, Darren)
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Filing 34
RESPONSE re #33 Order on Motion to Dismiss/Lack of Jurisdiction,,, . (Attachments: #1 Exhibit A (Affidavit of Darren Berg), #2 Exhibit B (Proof of Service))(Berg, Darren)
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Filing 33
ORDER granting #26 Motion to Dismiss for Lack of Jurisdiction; granting #28 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs' application for entry of default (Doc. 25) is denied. Plaintiffs are ordered to properly serve Defendant Burgerim Group, Inc., on or before November 6, 2020, or else have their claims against it dismissed. Signed by District Judge Travis R McDonough on 10/9/20. (GRE)
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Filing 32
REPLY to Response to Motion re #28 MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Michael Bohbut. (Baggott, Roland)
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Filing 31
SUPPLEMENT/Declaration of Wendy Rose to #30 Response in Opposition to Motion, by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren) Modified text on 9/24/2020 (JBR).
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Filing 30
RESPONSE in Opposition re #28 MOTION to Dismiss for Lack of Jurisdiction (Personal), #26 MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by C&W, LLP, Cheryl Robinson, Wendy Rose. (Attachments: # 1 Affidavit Rule 72 Declaration of Wendy Rose)(Berg, Darren) Modified on 9/22/2020 (KMK):The attachment (affdiavit rule 72) was removed - unable to open and view PDF. Attorney will refile the affidavit as a supplement.
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Filing 29
MEMORANDUM in Support of Motion re #28 MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Michael Bohbut. (Baggott, Roland)
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Filing 28
MOTION to Dismiss for Lack of Jurisdiction (Personal) by Michael Bohbut. (Attachments: #1 Affidavit Declaration of Michel Buchbut)(Baggott, Roland)
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Filing 27
Administrative Notice to Roland Baggott re #26 MOTION to Dismiss for Lack of Jurisdiction (Personal): Memoranda should be filed separately from the motion. Please re-file your Memorandum as a separate document. Click on [Motions and Related Filings, then Filings in Support of Motions] and choose Memorandum in Support of Motion. (See ECF User Manual) Requirements due by 9/8/2020. (JBR)
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Filing 26
MOTION to Dismiss for Lack of Jurisdiction (Personal) by Michael Bohbut. (Attachments: #1 Affidavit Declaration of Michel Buchbut)(Baggott, Roland)
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Filing 25
APPLICATION for Clerk's Default as to Burgerim Group, Inc. by C&W, LLP, Cheryl Robinson, Wendy Rose. Party is instructed to email the proposed default to the clerk at the appropriate email address in accordance with #http://www.tned.uscourts.gov/forms/all-forms/civil_forms. (Attachments: #1 Affidavit)(Berg, Darren)
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Filing 24
SUMMONS Returned Executed by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 23
Administrative Notice to Darren Berg: Please re-file your return summons with the Proof of Service properly executed. Requirements due by 8/18/2020. (JBR)
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Filing 22
SUMMONS Returned Executed by C&W, LLP, Cheryl Robinson, Wendy Rose. Michael Bohbut served on 8/10/2020. (Berg, Darren)
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Filing 21
ORDER denying with leave to refile #19 Motion for Default Judgment. Signed by District Judge Travis R McDonough on 7/31/2020. (BJL)
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Filing 20
NOTICE OF CORRECTED FILING by C&W, LLP, Cheryl Robinson, Wendy Rose re #19 MOTION for Default Judgment as to Burgerim Group, Inc. (Attachments: #1 Exhibit Corrected Document) (Berg, Darren) Modified text on 7/28/2020 (AYB).
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Filing 19
MOTION for Default Judgment as to Burgerim Group, Inc. by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 18
Alias Summons Issued as to Michael Bohbut. (AYB)
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Filing 17
Administrative Notice to Counsel regarding #15 MOTION for Entry of Default. Please refile using the instructions located at https://www.tned.uscourts.gov/default-judgment-instructions-and-forms. Requirements due by 7/27/2020. (AYB)
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Filing 16
SUPPLEMENT Alias Summons by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
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Filing 15
MOTION for Entry of Default as to Burgerim Group. by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren) Modified text on 7/20/2020 (AYB).
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Filing 14
ORDER TO SHOW CAUSE. Show Cause Response due by 7/17/2020.Signed by District Judge Travis R McDonough on July 8, 2020. (SAC)
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Filing 13
ORDER TO SHOW CAUSE EXTENSION IS GRANTED. Show Cause Response due by 7/3/2020.Signed by District Judge Travis R McDonough on June 4, 2020. (SAC)
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP, Cheryl Robinson, Wendy Rose. (Attachments: #1 Exhibit Exhibit A)(Berg, Darren)
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Filing 11
Administrative Notice to Counsel re #10 Response to Order to Show Cause: The Response to Judge McDonough's Show Cause Order is simply a re-filing of Judge McDonough's Show Cause Order with an exhibit attached to it. Please re-file with appropriate response. Requirements due by 6/8/2020. (AYB)
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Filing 10
RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP, Cheryl Robinson, Wendy Rose. (Attachments: #1 Exhibit Exhibit A)(Berg, Darren)
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Filing 9
ORDER TO SHOW CAUSE. Show Cause Response due by 6/3/2020.Signed by District Judge Travis R McDonough on May 28, 2020. (SAC)
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Filing 8
SUMMONS Returned Executed by Wendy Rose. Burgerim Group, Inc. served on 5/4/2020. (Attachments: #1 Supplement)(Berg, Darren)
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Filing 7
Summons Issued as to Michael Bohbut, Burgerim Group, Inc., Juan Munoz. (JBR)
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Filing 6
SUPPLEMENT to #1 Complaint, Summons by Wendy Rose. (Attachments: #1 Summons Juan Munoz, #2 Summons Michael Bohbut)(Berg, Darren)
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Filing 5
Order Governing Sealing Confidential Information.Signed by District Judge Travis R McDonough on 2/28/2020. (BDG)
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Filing 4
Order Governing Motions To Dismiss.Signed by District Judge Travis R McDonough on 2/28/2020. (BDG)
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Filing 3
Order Governing Depositions.Signed by District Judge Travis R McDonough on 2/28/2020. (BDG)
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Filing 2
***INFORMATIONAL ONLY***Administrative Notice to Counsel #1 Complaint, :Civil cover sheet is interactive, please make sure to flatten all documents. (BDG)
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No summons received with initiating documents. Therefore, summons not issued as to Michael Bohbut, Burgerim Group, Inc., John and Jane Does, Juan Munoz.. (BDG)
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NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by C&W, LLP. (BDG)
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District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (BDG)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ATNEDC-4250179.), filed by C&W LLP, Cheryl Robinson, Wendy W Rose. (Attachments: #1 Other civil cover sheet, #2 Exhibit Exh A, #3 Exhibit Exh B, #4 Exhibit Exh C, #5 Exhibit Exh D, #6 Exhibit Exh E)(Berg, Darren)
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