C&W LLP et al v. Burgerim Group, Inc. et al
Plaintiff: Wendy W Rose, Cheryl Robinson, C&W LLP, C&W, LLP and Wendy Rose
Defendant: Michael Bohbut, Burgerim Group, Inc., John and Jane Does, Juan Munoz, Michael Buchbot and Burgerim Group USA Inc
Case Number: 3:2020cv00085
Filed: February 27, 2020
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Travis R McDonough
Referring Judge: Debra C Poplin
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2021 Filing 62 Summons Issued as to Burgerim Group USA Inc. (ABF)
September 21, 2021 Filing 61 SUPPLEMENT to #50 Amended Complaint Summons for Burgerim USA by C&W, LLP. (Stokes, Brett)
September 21, 2021 Opinion or Order 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)
September 20, 2021 Filing 59 SUMMONS Returned Executed by C&W, LLP. Burgerim Group, Inc. served on 9/17/2021. (Stokes, Brett)
September 9, 2021 Filing 58 Summons Issued as to Burgerim Group, Inc. (JBR)
September 8, 2021 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)
September 8, 2021 Filing 56 SUPPLEMENT to #50 Amended Complaint Summons by C&W, LLP. (Stokes, Brett)
September 8, 2021 Filing 55 Summons Returned Unexecuted by C&W, LLP as to Burgerim Group USA Inc. (Stokes, Brett)
August 24, 2021 Opinion or Order 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)
July 2, 2021 Filing 53 [Disregard ORDER]:-entered in error. (BJL) Modified on 7/2/2021 (BJL).
July 2, 2021 Opinion or Order 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)
July 1, 2021 Filing 51 Summons Issued as to Burgerim Group USA Inc. (ABF)
June 30, 2021 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)
June 4, 2021 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)
May 13, 2021 Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP. (Stokes, Brett)
April 29, 2021 Opinion or Order 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)
April 27, 2021 Filing 46 MOTION for Leave to Appear , MOTION to Substitute Attorney by C&W, LLP, Cheryl Robinson, Wendy Rose. (Stokes, Brett)
March 17, 2021 Opinion or Order 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)
March 16, 2021 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)
March 16, 2021 Filing 43 MOTION to Withdraw as Attorney by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
March 3, 2021 Opinion or Order 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)
December 7, 2020 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)
December 2, 2020 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)
December 1, 2020 Opinion or Order 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)
November 20, 2020 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).
November 6, 2020 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
November 6, 2020 Opinion or Order 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)
November 5, 2020 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)
November 5, 2020 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)
October 9, 2020 Opinion or Order 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)
September 28, 2020 Filing 32 REPLY to Response to Motion re #28 MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Michael Bohbut. (Baggott, Roland)
September 22, 2020 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).
September 21, 2020 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.
September 2, 2020 Filing 29 MEMORANDUM in Support of Motion re #28 MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Michael Bohbut. (Baggott, Roland)
September 2, 2020 Filing 28 MOTION to Dismiss for Lack of Jurisdiction (Personal) by Michael Bohbut. (Attachments: #1 Affidavit Declaration of Michel Buchbut)(Baggott, Roland)
September 2, 2020 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)
September 1, 2020 Filing 26 MOTION to Dismiss for Lack of Jurisdiction (Personal) by Michael Bohbut. (Attachments: #1 Affidavit Declaration of Michel Buchbut)(Baggott, Roland)
August 18, 2020 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)
August 13, 2020 Filing 24 SUMMONS Returned Executed by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
August 13, 2020 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)
August 12, 2020 Filing 22 SUMMONS Returned Executed by C&W, LLP, Cheryl Robinson, Wendy Rose. Michael Bohbut served on 8/10/2020. (Berg, Darren)
July 31, 2020 Opinion or Order 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)
July 27, 2020 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).
July 27, 2020 Filing 19 MOTION for Default Judgment as to Burgerim Group, Inc. by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
July 20, 2020 Filing 18 Alias Summons Issued as to Michael Bohbut. (AYB)
July 20, 2020 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)
July 17, 2020 Filing 16 SUPPLEMENT Alias Summons by C&W, LLP, Cheryl Robinson, Wendy Rose. (Berg, Darren)
July 17, 2020 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).
July 8, 2020 Opinion or Order 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)
June 4, 2020 Opinion or Order 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)
June 3, 2020 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP, Cheryl Robinson, Wendy Rose. (Attachments: #1 Exhibit Exhibit A)(Berg, Darren)
June 3, 2020 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)
June 2, 2020 Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by C&W, LLP, Cheryl Robinson, Wendy Rose. (Attachments: #1 Exhibit Exhibit A)(Berg, Darren)
May 28, 2020 Opinion or Order 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)
May 19, 2020 Filing 8 SUMMONS Returned Executed by Wendy Rose. Burgerim Group, Inc. served on 5/4/2020. (Attachments: #1 Supplement)(Berg, Darren)
March 25, 2020 Filing 7 Summons Issued as to Michael Bohbut, Burgerim Group, Inc., Juan Munoz. (JBR)
March 24, 2020 Filing 6 SUPPLEMENT to #1 Complaint, Summons by Wendy Rose. (Attachments: #1 Summons Juan Munoz, #2 Summons Michael Bohbut)(Berg, Darren)
February 28, 2020 Opinion or Order Filing 5 Order Governing Sealing Confidential Information.Signed by District Judge Travis R McDonough on 2/28/2020. (BDG)
February 28, 2020 Opinion or Order Filing 4 Order Governing Motions To Dismiss.Signed by District Judge Travis R McDonough on 2/28/2020. (BDG)
February 28, 2020 Opinion or Order Filing 3 Order Governing Depositions.Signed by District Judge Travis R McDonough on 2/28/2020. (BDG)
February 28, 2020 Filing 2 ***INFORMATIONAL ONLY***Administrative Notice to Counsel #1 Complaint, :Civil cover sheet is interactive, please make sure to flatten all documents. (BDG)
February 28, 2020 No summons received with initiating documents. Therefore, summons not issued as to Michael Bohbut, Burgerim Group, Inc., John and Jane Does, Juan Munoz.. (BDG)
February 28, 2020 NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by C&W, LLP. (BDG)
February 28, 2020 District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (BDG)
February 27, 2020 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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Search for this case: C&W LLP et al v. Burgerim Group, Inc. et al
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Plaintiff: Wendy W Rose
Represented By: Darren V Berg
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Plaintiff: Cheryl Robinson
Represented By: Darren V Berg
Represented By: Brett D Stokes
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Plaintiff: C&W LLP
Represented By: Darren V Berg
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Plaintiff: C&W, LLP
Represented By: Darren V Berg
Represented By: Brett D Stokes
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Plaintiff: Wendy Rose
Represented By: Darren V Berg
Represented By: Brett D Stokes
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Defendant: Michael Bohbut
Represented By: Roland W Baggott, III
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Defendant: Burgerim Group, Inc.
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Defendant: John and Jane Does
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Defendant: Juan Munoz
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Defendant: Michael Buchbot
Represented By: Roland W Baggott, III
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Defendant: Burgerim Group USA Inc
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