The Peach Truck, LLC v. Georgia Peach Truck, LLC
| The Peach Truck, LLC and Peach Truck, LLC, The |
| Georgia Peach Truck, LLC |
| 3:2020cv00138 |
| February 17, 2020 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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Filing 17
ORDER Dismissing #11 Motion to Dismiss and Granting #16 Motion to Transfer Venue to the Northern District of Georgia Atlanta Division. Signed by District Judge William L. Campbell, Jr on 4/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Case transferred to the Northern District of Georgia. (gb) |
| Case has been opened in Northern District of Georgia as case 1:20-cv-01420, filed 04/01/2020. (gb) |
| Filing 16 Joint MOTION for Entry of an Agreed Order Transferring Venue and Denying Motion to Dismiss without Prejudice by Peach Truck, LLC, The. (Attachments: #1 Exhibit 1 - Proposed Order)(Hartley, Kevin) |
| TN State Bar status verified as active for Timothy L. Warnock and Keane A. Barger. (gb) |
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Filing 15
ORDER: By no later than March 31, 2020, the parties shall file a joint motion for approval of an agreed order transferring venue and any other agreed-upon disposition of the pending motion to dismiss. Further, the initial case management conference scheduled for April 6, 2020, is CANCELLED. Signed by Magistrate Judge Barbara D. Holmes on 3/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 3/18/2020. (Tape #not recorded.) (Hearing lasted :05)(jwc) |
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Filing 14
ORDER: The District Judge is provided notice that on March 16, 2020, Defendant filed a motion to dismiss with supporting memorandum and declaration (DocketNos. 11-13). The Clerk is directed to forward the motion to the Honorable William L. Campbell, Jr., District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 11:00 a.m., April 6, 2020, 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 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 13 DECLARATION of William Brandon Smith filed by Georgia Peach Truck, LLC re: #11 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or to Transfer in the Alternative. (Warnock, Timothy) |
| Filing 12 MEMORANDUM in Support of #11 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or to Transfer in the Alternative filed by Georgia Peach Truck, LLC. (Warnock, Timothy) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or to Transfer in the Alternative by Georgia Peach Truck, LLC. (Warnock, Timothy) |
| Filing 10 NOTICE of Appearance by Keane A. Barger on behalf of Georgia Peach Truck, LLC (Barger, Keane) |
| Filing 9 NOTICE of Appearance by Timothy L. Warnock on behalf of Georgia Peach Truck, LLC (Warnock, Timothy) |
| Filing 8 SUMMONS returned executed by Peach Truck, LLC, The. Georgia Peach Truck, LLC served on 2/23/2020. (Hartley, Kevin) |
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 2/19/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 6 Summons issued as to Georgia Peach Truck, LLC. (gb) |
| Filing 5 NOTICE of Initial Case Management Conference set for 4/6/2020 at 11:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (gb) |
| Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (gb) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb) |
| TN State Bar status verified as active for James R. Michels, William C. Ferrell, Jr. and Kevin P. Hartley. (gb) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Peach Truck, LLC. (gb) |
| Filing 1 COMPLAINT against Georgia Peach Truck, LLC (Filing fee paid $400, Receipt number 0650-3088637), filed by The Peach Truck, LLC. Service copies will be picked up by counsel. (Attachments: #1 Exhibit 1 - Defendant's Web Page, #2 Exhibit 2 - Defendant's Facebook Post, #3 Exhibit 3 - THE PEACH TRUCK Certificate of Registration, #4 Exhibit 4 - GEORGIA FRESH THE PEACH TRUCK EST. 2012 (with design) Certificate of Registration, #5 Exhibit 5 - THE PEACH TRUCK TSDR Report, #6 Exhibit 6 - Lawn & Garden Retailer Article, #7 Exhibit 7 - Greenwich Sentinel Post, #8 Exhibit 8 - July 12, 2016 Cease and Desist Letter, #9 Exhibit 9 - Takedown Requests, #10 Exhibit 10 - GEORGIA PEACH TRUCK TSDR Report, #11 Exhibit 11 - May 30, 2017 Office Action, #12 Exhibit 12 - November 26, 2017 Response to Office Action, #13 Exhibit 13 - January 30, 2018 Office Action, #14 Exhibit 14 - August 3, 2018 Final Action, #15 Exhibit 15 - January 14, 2019 Cease and Desist Letter, #16 Exhibit 16 - March 1, 2019 Notice of Abandonment, #17 Exhibit 17 - Examples of Confusion, #18 Attachment Civil Cover Sheet)(gb) |
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