The Peach Truck, LLC v. Georgia Peach Truck, LLC
Plaintiff: The Peach Truck, LLC and Peach Truck, LLC, The
Defendant: Georgia Peach Truck, LLC
Case Number: 3:2020cv00138
Filed: February 17, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Barbara D Holmes
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2020 Case has been opened in Northern District of Georgia as case 1:20-cv-01420, filed 04/01/2020. (gb)
April 1, 2020 Case transferred to the Northern District of Georgia. (gb)
April 1, 2020 Opinion or Order 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)
March 31, 2020 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)
March 20, 2020 TN State Bar status verified as active for Timothy L. Warnock and Keane A. Barger. (gb)
March 19, 2020 Opinion or Order 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)
March 18, 2020 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)
March 17, 2020 Opinion or Order 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)
March 16, 2020 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)
March 16, 2020 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)
March 16, 2020 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)
March 16, 2020 Filing 10 NOTICE of Appearance by Keane A. Barger on behalf of Georgia Peach Truck, LLC (Barger, Keane)
March 16, 2020 Filing 9 NOTICE of Appearance by Timothy L. Warnock on behalf of Georgia Peach Truck, LLC (Warnock, Timothy)
February 24, 2020 Filing 8 SUMMONS returned executed by Peach Truck, LLC, The. Georgia Peach Truck, LLC served on 2/23/2020. (Hartley, Kevin)
February 19, 2020 Opinion or Order 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)
February 18, 2020 Filing 6 Summons issued as to Georgia Peach Truck, LLC. (gb)
February 18, 2020 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)
February 18, 2020 TN State Bar status verified as active for James R. Michels, William C. Ferrell, Jr. and Kevin P. Hartley. (gb)
February 18, 2020 Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (gb)
February 18, 2020 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb)
February 17, 2020 Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Peach Truck, LLC. (gb)
February 17, 2020 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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Defendant: Georgia Peach Truck, LLC
Represented By: Keane A. Barger
Represented By: Timothy L. Warnock
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Plaintiff: The Peach Truck, LLC
Represented By: Kevin P. Hartley
Represented By: William C. Ferrell, Jr.
Represented By: James R. Michels
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Plaintiff: Peach Truck, LLC, The
Represented By: Kevin P. Hartley
Represented By: William C. Ferrell, Jr.
Represented By: James R. Michels
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