I Love Juice Bar Franchising, LLC v. ILJB Charlotte Juice, LLC et al
| I Love Juice Bar Franchising, LLC |
| Brian MacIntosh and ILJB Charlotte Juice, LLC |
| 3:2019cv00981 |
| November 4, 2019 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Contract: Franchise |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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| TN State Bar status verified as active for Christopher E. Thorsen. (jw) |
Filing 39
STIPULATED ORDER EXTENDING TEMPORARY RESTRAINING ORDER. Signed by District Judge Eli J. Richardson on 12/20/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 38 MOTION for Entry of Stipulated Order Extending Temporary Restraining Order (Stipulated) by I Love Juice Bar Franchising, LLC. (Attachments: #1 Attachment - Proposed Stipulated Order)(Thorsen, Christopher) |
| Filing 37 Exhibit List for Preliminary Injunction Hearing by I Love Juice Bar Franchising, LLC.. (McLaurin, Charles) |
| Filing 36 Witness List for Preliminary Injunction Hearing by I Love Juice Bar Franchising, LLC. (McLaurin, Charles) |
| Filing 35 NOTICE of Appearance by Christopher E. Thorsen on behalf of I Love Juice Bar Franchising, LLC (Thorsen, Christopher) |
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Filing 34
ORDER: The preliminary injunction hearing in this case is scheduled for December 23, 2019 beginning at 8:15 a.m. Signed by District Judge Eli J. Richardson on 12/3/2019. (jm)
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| Filing 33 NOTICE by I Love Juice Bar Franchising, LLC re #29 Order,,, #31 MOTION to Continue Preliminary Injunction Hearing & Extend TRO, #32 Order,, Terminate Hearings, of Parties Agreement to Continue Preliminary Injunction Hearing to December 23, 2019 (Longnecker, Joy) |
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Filing 32
ORDER: Plaintiff's Motion for Preliminary Injunction (Doc. No. #4 ) originally set for December 3, 2019, at 10:00 a.m. is CANCELED. Defendants are DIRECTED to inform the Court by noon on Tuesday, December 3, 2019 whether they have any objection to holding the hearing on December 23, 2019. Signed by District Judge Eli J. Richardson on 12/2/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 31 MOTION to Continue Preliminary Injunction Hearing & Extend TRO by I Love Juice Bar Franchising, LLC. (Longnecker, Joy) Modified on 12/3/2019 (jm). |
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Filing 30
ORDER denying #9 Motion for Robert B. Newkirk, III to Appear Pro Hac Vice, due to failure to timely pay fee and to timely provide certificate of good standing from a federal court. Signed by Kirk L. Davies on 12/2/19. (Davies, Kirk) Modified text on 12/2/2019 (hb).
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Filing 29
ORDER: A hearing to consider the Plaintiff's Motion for Preliminary Injunction is set for December 3, 2019, at 10:00 a.m. Absent extraordinary circumstances, the hearing will conclude at 5:00 p.m. on that day. The parties shall file with the Court by noon on Monday, December 2, 2019, the following pertaining to the preliminary injunction hearing: (1) any affidavits; (2) witness lists; (3) exhibit lists; and (4) any stipulations. No witness shall testify live at the preliminary injunction hearing unless the party calling such witness to testify has identified that witness prior to the hearing. The Court intends to ensure time is allocated equitably; the parties are encouraged to consult with each other prior to the hearing to facilitate the same. Signed by District Judge Eli J. Richardson on 11/26/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 28 REDACTION to #27 Redacted Document,, Declaration of Matthew Bodnar by I Love Juice Bar Franchising, LLC. (Attachments: #1 Exhibit Exhibit A - Emails and termination offer letters, #2 Exhibit Exhibit B - Email and termination offer letter to Juice Kings, #3 Exhibit Exhibit C - Jan 4, 2019 email, #4 Exhibit Exhibit D - Jan, 2019 email, #5 Exhibit Exhibit E - Feb 2019 emails, #6 Exhibit Exhibit F - Emails and amended Agreement, #7 Exhibit Exhibit G - Mar 7, 2019 email and Juice Kings amended agreement, #8 Exhibit Exhibit H - Sep 18, 2019 email and amended termination letter agreement)(Longnecker, Joy) |
| Filing 27 REDACTION to #15 Sealed Document,, Declaration of Matthew Bodnar by I Love Juice Bar Franchising, LLC. (Attachments: # 1 (***EXHIBIT A FILED IN ERROR - CORRECTED VERSION FILED AT DE #28 ***) Exhibit A - Emails and termination offer letters, #2 Exhibit B - Email and termination offer letter to Juice Kings, #3 Exhibit C - Jan 4, 2019 email, #4 Exhibit D - Jan 7, 2019 email, #5 Exhibit E - Feb 2019 emails, #6 Exhibit F - Emails and ILJB Brawley's amended agreement, #7 Exhibit G - Mar 7 2019 email and Juice Kings amended agreement, #8 Exhibit H - Sep 18, 2019 email and amended terminaton letter agreement)(Longnecker, Joy) Modified on 11/26/2019 (jm). |
| Filing 26 REDACTION to #14 Sealed Document, Reply in Support of Motion for TRO and Preliminary Injunction by I Love Juice Bar Franchising, LLC. (Attachments: #1 Exhibit 1 - QCJ Facebook page, #2 Exhibit 2 - QCJ Instagram account, #3 Exhibit 3 - Text from QCJ, #4 Exhibit 4 - QCJ Google search)(Longnecker, Joy) |
| Filing 25 SUMMONS returned executed by I Love Juice Bar Franchising, LLC. Brian MacIntosh served on 11/16/2019. (Longnecker, Joy) |
| Filing 24 SUMMONS returned executed by I Love Juice Bar Franchising, LLC. ILJB Charlotte Juice, LLC served on 11/13/2019. (Longnecker, Joy) |
| Filing 23 TRO BOND in the amount of $10,000 posted by I Love Juice Bar Franchising, LLC. (Attachments: #1 Attachment TRO Bond per #20 Order)(jm) Modified on 11/21/2019 (jm). |
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Filing 22
TEMPORARY RESTRAINING ORDER: For the reasons discussed in the Court's November 15, 2019 Memorandum Opinion (Doc. No. #20 ), having posted a bond in the amount of ten thousand dollars ($10,000.00), in a form satisfactory to the Clerk of Court, Plaintiff I Love Juice Bar Franchising, LLC ("Juice Bar")'s Motion for Temporary Restraining Order and Preliminary Injunction is GRANTED in part as to Plaintiff's request for a Temporary Restraining Order. A hearing as to Plaintiff's request for a preliminary injunction is scheduled for December 3, 2019 at 10:00 a.m. Signed by District Judge Eli J. Richardson on 11/21/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 21 NOTICE by I Love Juice Bar Franchising, LLC re #20 Order,,,, of Posting Security (Attachments: #1 Exhibit A - Receipt for bond)(Longnecker, Joy) |
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Filing 20
MEMORANDUM AND ORDER: Under the circumstances of this case, the Court finds that the inevitability of harm to Defendants in the event the TRO proves to have been improvidently granted, the likely approximate amount of damages from such harm, the countervailing strength of Plaintiff's case, and the public interest favor the requirement that Plaintiff post a security bond in the amount of $10,000.00. The Court therefore will require Plaintiff to post security in the amount of ten thousand dollars ($10,000.00), in a form satisfactory to the Clerk of Court. Upon notification of the posting of such security, the Court intends to issue immediately a TRO as described, and for the reasons, discussed herein. As to Plaintiff's request for a preliminary injunction, subject to and subsequent to Plaintiff posting the required security, the Court will set a hearing for a date and time prior to the expiration of the TRO. Signed by District Judge Eli J. Richardson on 11/15/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 19
ORDER: On November 11, 2019, Plaintiff filed under seal its reply in support of its Motion for Temporary Restraining Order and Preliminary Injunction ("Reply"). (Doc. No. #14 ). Plaintiff simultaneously filed a Motion to File Reply Under Seal. (Doc. No. #13 ). On November 13, 2019, the Court granted Plaintiff's Motion to File Reply Under Seal on the condition that it file a redacted copy of the sealed documents on or before two weeks from the date of the Order. (Doc. No. #17 ). In its Order on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction the Court will quote limited portions of Plaintiff's Reply. The quoted language does not implicate any sensitive or confidential material. Accordingly, the Court UNSEALS those limited portions of the Reply. Signed by District Judge Eli J. Richardson on 11/15/2019. (jm)
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Filing 18
ORDER granting #16 Motion for Leave to Exceed Page Limit. Signed by District Judge Eli J. Richardson on 11/14/2019. (jm)
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Filing 17
ORDER granting #13 Motion for Leave to File Document Under Seal provided Plaintiff files a redacted copy of Doc. Nos. #14 and #15 and their attachments on or before two weeks from the date of this Order. From the face of the sealed filing, it is clear that the legitimate interests in favor of sealing outweigh the interests of the public in accessing the document. The Clerk is directed to file Doc. Nos. #14 and #15 and their attachments under seal. Signed by District Judge Eli J. Richardson on 11/13/2019. (jm)
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| Filing 16 MOTION for Leave to to Exceed Page Limit re #14 Sealed Document, Reply in Support of Motion for TRO and Preliminary Injunction by I Love Juice Bar Franchising, LLC. (Longnecker, Joy) |
| Filing 15 Sealed Document Declaration of Matthew Bodnar filed by I Love Juice Bar Franchising, LLC. (Attachments: #1 Exhibit A - Emails and termination offer letters, #2 Exhibit B - Email and termination offer letter to Juice Kings, #3 Exhibit C - Jan 4, 2019 email, #4 Exhibit D - Jan 7, 2019 email, #5 Exhibit E - Feb 2019 emails, #6 Exhibit F - Emails and ILJB Brawley's amended agreement, #7 Exhibit G - Mar 7, 2019 email and Juice Kings amended agreement, #8 Exhibit H - Sep 18, 2019 email and amended termination letter agreement)(Longnecker, Joy) |
| Filing 14 Sealed Document Reply in Support of Motion for TRO and Preliminary Injunction filed by I Love Juice Bar Franchising, LLC. (Attachments: #1 Exhibit 1 - QCJ Facebook page, #2 Exhibit 2 - QCJ Instagram account, #3 Exhibit 3 - Text from QCJ, #4 Exhibit 4 - QCJ Google search)(Longnecker, Joy) |
| Filing 13 MOTION for Leave to File Document Under Seal (Reply and Declaration) by I Love Juice Bar Franchising, LLC. (Longnecker, Joy) |
| Filing 12 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order filed by ILJB Charlotte Juice, LLC, Brian MacIntosh. (Attachments: #1 Exhibit Ryan affidavit, #2 Exhibit Ryan email)(NewKirk, Robert) |
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Filing 11
ORDER: Plaintiff is DIRECTED to file a reply to Defendants' Response, addressing only matters within the scope of the Response, by Monday, November 11, at 10:00 a.m. (CST). By the same time, Defendants are DIRECTED to file (or explain why they are unable to file) an affidavit or declaration attaching and authenticating Deidre Ryan's "emails [plural]" referenced in the last full sentence of page 4 of the Response. (Page ID # 412) and (if not encompassed among those emails) the "email confirmation" referenced in paragraph 8 of Brian MacIntosh's affidavit (Doc. No. 10-1 at 2 ). Signed by District Judge Eli J. Richardson on 11/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 10 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order filed by ILJB Charlotte Juice, LLC, Brian MacIntosh. (Attachments: #1 Exhibit Affidavit MacIntosh)(NewKirk, Robert) |
| Filing 9 MOTION for attorney Robert B. Newkirk, III to Appear Pro Hac Vice (Fee not paid-due within 21 days) by ILJB Charlotte Juice, LLC and Brian MacIntosh. (dt) |
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Filing 8
ORDER: In response to a request from Defendant, the time for Defendant to file a response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #4 ) is EXTENDED to 12:00 p.m. (CST) on Thursday, November 7, 2019. Signed by District Judge Eli J. Richardson on 11/7/2019. (jm)
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| NOTICE TO FILER re DE#9 : The PHV motion must be accompanied by a Certificate of Good Standing from a United States District Court or a United States appellate court. The certificate shall be filed within 10 days. (dt) |
| NC State Bar status verified as active for Robert B. NewKirk, III. (dt) |
| Filing 7 NOTICE of Initial Case Management Conference set for 1/13/2019 at 10:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (jm) |
| TN State Bar status verified as active for Joy Boyd Longnecker and Charles C. McLaurin. (jm) |
| Filing 6 Summons issued as to ILJB Charlotte Juice, LLC and Brian MacIntosh. (Service copies will be picked up by counsel.) (jm) |
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Filing 5
ORDER: Pending before the Court is Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #4 , the "Motion"). Defendant is DIRECTED to file a response by 5:00 p.m. on Wednesday, November 6, 2019. Plaintiff's counsel has certified that a copy of the Motion was served upon Defendants' counsel on November 4, 2019, but no counsel for Defendants has filed a notice of appearance in this action. Accordingly, Plaintiff is DIRECTED to serve a copy of this Order on Defendants' counsel as soon as possible by any available means. Signed by District Judge Eli J. Richardson on 11/5/2019. (jm)
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| Filing 4 MOTION for Temporary Restraining Order filed by I Love Juice Bar Franchising, LLC. (Attachments: #1 Exhibit 1 - Franchise Agreements, #2 Exhibit 2 - Termination offer letters, #3 Exhibit 3 - Defs' attempts to terminate agreements, #4 Exhibit 4 - Notice of Default, #5 Exhibit 5 - Notice of Termination, #6 Exhibit 6 - ILJB and Queen City menus, #7 Exhibit 7 - Post-termination use of ILJB marks, #8 Attachment Proposed order on Motion for TRO)(jm) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
| Filing 1 COMPLAINT against ILJB Charlotte Juice, LLC, Brian MacIntosh (Filing fee $400, Receipt number 0650-3024877), filed by I Love Juice Bar Franchising, LLC. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit 1 - Franchise Agreements, #3 Exhibit 2 - Termination offer letters, #4 Exhibit 3 - Defs' attempts to terminate agreements, #5 Exhibit 4 - Notice of Default, #6 Exhibit 5 - Notice of Termination)(jm) |
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