Southern Nurseries, Inc. et al v. Tennessee Nursery and Landscape Supply LLC et al
Plaintiff: Southern Nurseries, Inc. and Terry Flatt
Defendant: Johnathan Jeffers
Counter Plaintiff: Tennessee Nursery and Landscape Supply LLC
Case Number: 3:2019cv00665
Filed: August 2, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Barbara D Holmes
Referring Judge: Eli J Richardson
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference held on 9/30/2019; ORDER to enter. (Tape #digital recording.) (Hearing lasted :34)(jwc)
September 26, 2019 Filing 37 PROPOSED CASE MANAGEMENT ORDER filed by Terry Flatt, Southern Nurseries, Inc.. (Crowell, Daniel)
September 26, 2019 Filing 36 ANSWER to #28 Answer to Amended Complaint, Counterclaim by Terry Flatt, Southern Nurseries, Inc..(Crowell, Daniel)
September 25, 2019 Filing 35 REPLY to Response to Motion re #26 MOTION to Dismiss Verified First Amended Complaint filed by Johnathan Jeffers, Tennessee Nursery and Landscape Supply LLC. (Knight, Adam)
September 25, 2019 Filing 34 Joint MOTION to Enter Agreed Expedited Discovery & Scheduling Order by Terry Flatt, Southern Nurseries, Inc.. (Attachments: #1 Attachment Agreed Expedited Discovery & Scheduling Order)(Crowell, Daniel)
September 20, 2019 Opinion or Order Filing 33 ORDER: Pending before the Court is the parties' joint motion for clarification (Docket No. #32 ), which, as further discussed below, is GRANTED. In clarification, the findings made by the Court regarding Rain Garden PRO were limited to Plaintiffs' expedited discovery motion and not for any other purposes. See Docket No. 25 at 4, n.4. Although the Court's footnote to that effect mentioned only a subsequent motion to dismiss, it extends to the pending preliminary injunction determination as well. As also noted in the Court's prior order, Defendants may agree to additional expedited discovery, including regarding Rain Garden PRO. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 9/20/2019. (hb)
September 20, 2019 Filing 32 Joint MOTION to Clarify re #25 Order on Motion for Miscellaneous Relief, by Johnathan Jeffers, Tennessee Nursery and Landscape Supply LLC. (Knight, Adam)
September 18, 2019 Filing 31 RESPONSE in Opposition re #26 MOTION to Dismiss Verified First Amended Complaint filed by Terry Flatt, Southern Nurseries, Inc.. (Attachments: #1 Exhibit TAS Rights Mgmt.., LLC v. Barber, 2016 BL 4043 (M.D. Tenn. Jan. 04, 2016), #2 Exhibit Kano Labs., Inc. v. ClenAir Mfg., Inc., 2013 BL 109563 (M.D. Tenn. Apr. 25, 2013), #3 Exhibit Lubber, Inc. v. Optari LLC, 2013 BL 79822 (M.D. Tenn. Mar. 26, 2013), #4 Exhibit Asemota v. SunTrust Mortgage, Inc., 2012 BL 151587 (W.D. Tenn. June 18, 2012), #5 Exhibit Nehasil v. Grenier (In re Grenier), 2010 BL 136024 (E.D. Mich. June 17, 2010), #6 Exhibit Expert Janitorial, LLC v. Williams, 2010 BL 53869 (E.D. Tenn. Mar. 12, 2010), #7 Exhibit Thompson v. Nationwide Debt Mgmt. Sols., LLC, 2017 BL 368399 (N.D. Ohio Oct. 13, 2017), #8 Exhibit Dankovich v. Keller, 2017 BL 327330 (E.D. Mich. Sept. 15, 2017), #9 Exhibit Williams v. Shelby Cty. Sch. Sys., 2019 BL 41363 (W.D. Tenn. Feb. 07, 2019), #10 Exhibit J-Line Pump Co. v. Chand, 2014 BL 498471 (W.D. Tenn. Sept. 19, 2014))(Crowell, Daniel)
September 12, 2019 Opinion or Order Filing 30 ORDER: Initial Case Management Conference RESET for 9/30/2019 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 9/12/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
September 10, 2019 Opinion or Order Filing 29 ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on September 4, 2019, Defendants filed a motion to dismiss with supporting memorandum (Docket Nos. #26 , #27 ). Any response by Plaintiff shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(a)(3). An optional reply may be filed within seven (7) days of the filing of the response, and shall not exceed five (5) pages. The Clerk is directed to forward the motion to the Honorable Eli J. Richardson, District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 3:30 p.m., September 23, 2019, whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 9/10/19.(dt) Modified on 9/10/2019 (dt).
September 5, 2019 Filing 28 ANSWER to #21 Amended Complaint and, COUNTERCLAIM against All Plaintiffs by Tennessee Nursery and Landscape Supply LLC.(Knight, Adam)
September 4, 2019 Filing 27 MEMORANDUM in Support of #26 MOTION to Dismiss Verified First Amended Complaint filed by Johnathan Jeffers, Tennessee Nursery and Landscape Supply LLC . (Knight, Adam)
September 4, 2019 Filing 26 MOTION to Dismiss Verified First Amended Complaint by Johnathan Jeffers, Tennessee Nursery and Landscape Supply LLC. (Knight, Adam)
September 3, 2019 Opinion or Order Filing 25 ORDER: Before the Court is Plaintiffs' motion for expedited discovery and entry of a scheduling order (Docket No. #8 ), which is GRANTED as to Plaintiffs' request for a scheduling order and GRANTED IN PART AND DENIED IN PART as to Plaintiff's request for expedited discovery, all as set out within this order. Signed by Magistrate Judge Barbara D. Holmes on 9/3/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 26, 2019 Filing 24 REPLY to Response to Motion re #8 MOTION for Expedited Discovery and Entry of a Scheduling Order filed by Terry Flatt, Southern Nurseries, Inc.. (Attachments: #1 Exhibit Handel's Enters., Inc. v. Schulenburg, 765 Fed. Appx. 117 (6th Cir. 2019), #2 Exhibit Branch Banking & Tr. Co. v. Jones, 2018 BL 445996 (E.D. Ky. Dec. 4, 2018), #3 Exhibit Barrette Outdoor Living, Inc. v. John Does, 2016 BL 126547 (N.D. Ohio Apr. 20, 2016), #4 Exhibit Usec, Inc. v. Everitt, 2009 BL 12248 (E.D. Tenn. Jan. 22, 2009), #5 Exhibit Parker v. Horvath (In re Horvath), 2016 BL 336792 (Bankr. N.D. Ohio Oct. 07, 2016), #6 Exhibit Stryker Corp. v. Bruty, 2013 BL 125040 (W.D. Mich. May 10, 2013), #7 Exhibit MEMC Electronic Materials, Inc. v. Balakrishnan, 2012 BL 235743 (S.D. Ohio Sept. 11, 2012))(Crowell, Daniel)
August 23, 2019 Filing 23 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction (Preliminary Response) filed by Johnathan Jeffers, Tennessee Nursery and Landscape Supply LLC. (Knight, Adam)
August 23, 2019 Filing 22 RESPONSE in Opposition re #8 MOTION for Expedited Discovery and Entry of a Scheduling Order filed by Johnathan Jeffers, Tennessee Nursery and Landscape Supply LLC. (Knight, Adam)
August 21, 2019 Filing 21 AMENDED COMPLAINT against All Defendants, filed by Southern Nurseries, Inc., Terry Flatt.(Crowell, Daniel)
August 20, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 8/20/2019. (Tape #not recorded.) (Hearing lasted :47)(jwc)
August 20, 2019 Opinion or Order Filing 20 ORDER. A telephonic status conference was held on August 20, 2019. Defendants' counsel advised that Defendants oppose Plaintiffs' motion for expedited discovery and an expedited briefing schedule #8 as lacking an adequate factual or legal basis. By NO LATER THAN AUGUST 23, 2019, Defendants must file a response to Plaintiffs' motion for expedited discovery/expedited briefing schedule, and Plaintiffs may file an optional reply by NO LATER THAN AUGUST 26, 2019, after which the Court will rule on the motion. SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 08/20/2019. (BH)
August 15, 2019 TN State Bar status verified as active for Adam O. Knight. (dt)
August 15, 2019 Filing 19 SUMMONS returned executed by Southern Nurseries, Inc., Terry Flatt. Tennessee Nursery and Landscape Supply LLC served on 8/8/2019. (Crowell, Daniel)
August 15, 2019 Filing 18 SUMMONS returned executed by Southern Nurseries, Inc., Terry Flatt. Johnathan Jeffers served on 8/8/2019. (Crowell, Daniel)
August 15, 2019 Opinion or Order Filing 17 ORDER: A telephonic status conference will be held on August 20, 2019, at 3:30 p.m. to discuss the discovery and briefing schedule and a target hearing date for the preliminary injunction hearing. Signed by Magistrate Judge Barbara D. Holmes on 8/15/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
August 14, 2019 Filing 16 CERTIFICATE OF SERVICE by Terry Flatt, Southern Nurseries, Inc. re #14 Business Entity Disclosure Statement, #13 Notice (Other) (Crowell, Daniel)
August 14, 2019 Filing 15 NOTICE of Appearance by Adam O. Knight on behalf of All Defendants (Knight, Adam)
August 14, 2019 Filing 14 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Southern Nurseries, Inc.. (Crowell, Daniel)
August 14, 2019 Filing 13 NOTICE by Terry Flatt, Southern Nurseries, Inc. Regarding Service (Crowell, Daniel)
August 13, 2019 Opinion or Order Filing 12 CONFIDENTIALITY ORDER Signed by Magistrate Judge Barbara D. Holmes on 8/13/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 13, 2019 Opinion or Order Filing 11 ORDER: Pending before the Court is Plaintiffs' motion for expedited discovery and entry of a scheduling order (Docket No. #8 ) related to Plaintiffs' motion for a preliminary injunction (Docket No. #7 ). The Court will, consistent with Judge Richardson's instructions, set an expedited briefing schedule once Defendants have been served with process. Plaintiffs must promptly file a return of service confirming service of process. The Court will then set a schedule in connection with Plaintiffs' preliminary injunction motion. Defendants are put on notice that the Court intends to set an expedited briefing and discovery schedule for Plaintiffs' preliminary injunction motion. They are further notified that Defendant Tennessee Nursery and Landscape Supply LLC cannot, as a corporate entity, appear in this action pro se and must be represented by counsel. Signed by Magistrate Judge Barbara D. Holmes on 8/13/19. (xc: Defendants by first class mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 12, 2019 Opinion or Order Filing 10 ORDER: Plaintiff's Motion for Expedited Discovery and Entry of Scheduling Order (Doc. No. #8 ) and Motion to Enter Confidentiality Order (Doc. No. #9 ) are referred to the Magistrate Judge for decision. As part of the Scheduling Order, the Magistrate Judge shall set an expedited schedule for briefing on Plaintiffs Motion for Preliminary Injunction. Signed by District Judge Eli J. Richardson on 8/12/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 10, 2019 Filing 9 MOTION to Enter a Confidentiality Order by Terry Flatt, Southern Nurseries, Inc.. (Attachments: #1 Attachment Proposed Order)(Crowell, Daniel)
August 10, 2019 Filing 8 MOTION for Expedited Discovery and Entry of a Scheduling Order by Terry Flatt, Southern Nurseries, Inc.. (Attachments: #1 Attachment Proposed Order)(Crowell, Daniel)
August 10, 2019 Filing 7 MOTION for Preliminary Injunction by Terry Flatt, Southern Nurseries, Inc.. (Crowell, Daniel)
August 5, 2019 Opinion or Order Filing 6 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 8/5/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 5, 2019 Filing 5 Summons issued as to Johnathan Jeffers and Tennessee Nursery and Landscape Supply LLC. (dt)(Service copies will be picked up by counsel.) Modified on 8/5/2019 (dt).
August 5, 2019 Filing 4 NOTICE of Initial Case Management Conference set for 9/23/2019 at 3:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (dt)
August 5, 2019 TN State Bar status verified as active for Leslie Goff Sanders and Daniel Caden Crowell. (dt)
August 5, 2019 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (dt)
August 5, 2019 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
August 2, 2019 Filing 1 COMPLAINT against Johnathan Jeffers and Tennessee Nursery and Landscape Supply LLC (Filing fee $400, Receipt number 0650-2964979), filed by Southern Nurseries, Inc. and Terry Flatt.(dt) (Additional attachment(s) added on 8/5/2019: #1 Attachment - Civil Cover Sheet) (dt).

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Plaintiff: Southern Nurseries, Inc.
Represented By: Leslie Goff Sanders
Represented By: Daniel Caden Crowell
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Plaintiff: Terry Flatt
Represented By: Leslie Goff Sanders
Represented By: Daniel Caden Crowell
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Counter plaintiff: Tennessee Nursery and Landscape Supply LLC
Represented By: Adam O. Knight
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Defendant: Johnathan Jeffers
Represented By: Adam O. Knight
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