SquareOne Holding Company, LLC v. Milkshake, LLC et al
| SquareOne Holding Company, LLC |
| Milkshake, LLC and Stirr Nashville, LLC |
| 3:2021cv00047 |
| January 20, 2021 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 25
ORDER: On March 12, 2021, Defendant Milkshake, LLC, and Stirr Nashville, LLC, filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. #20 .) Under Local Rule 7.01(a)(3), any response in opposition must be filed and served within fourteen days of service of the motion. An optional reply may be filed and served within seven days of service of a response. Signed by Magistrate Judge Alistair Newbern on 3/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 24 MOTION to Continue Initial Case Management Conference, MOTION to Hold the Plaintiffs Motion for Preliminary Injunction in Abeyance, MOTION to Stay Discovery Pending the Courts Ruling on Defendants Motion to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim by Milkshake, LLC, Stirr Nashville, LLC. (Attachments: #1 Attachment Proposed Order)(Hambidge, Todd) |
| Filing 23 DECLARATION of James Faller filed by Milkshake, LLC, Stirr Nashville, LLC re: #20 MOTION to Dismiss . (Hambidge, Todd) |
| Filing 22 DECLARATION of Imran Sheikh re: #20 MOTION to Dismiss . (Hambidge, Todd) |
| Filing 21 MEMORANDUM in Support of #20 MOTION to Dismiss filed by Milkshake, LLC, Stirr Nashville, LLC . (Hambidge, Todd) |
| Filing 20 MOTION to Dismiss by Milkshake, LLC, Stirr Nashville, LLC. (Hambidge, Todd) |
| Filing 19 DECLARATION of Tibor Kovacs filed by SquareOne Holding Company, LLC re: #15 Memorandum in Support, #14 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A: Lunch Punch, #2 Exhibit B: Business Card Holder)(Dumitru, Michael) |
| Filing 18 DECLARATION of Katie Smith filed by SquareOne Holding Company, LLC re: #15 Memorandum in Support, #14 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit 01: Milkshake Concepts Webpage, #2 Exhibit 02: Stir Chattanooga Instagram, #3 Exhibit 03: Stirr Dallas Facebook, #4 Exhibit 04: Stir Chattanooga Facebook, #5 Exhibit 05: SOS Direct Documents, #6 Exhibit 06: Nashville Post - Dallas company taps SoBro for first Nashville restaurant, #7 Exhibit 07: Biz Journals - Milkshake Concepts to Open Stirr Location in Downtown Nashville, #8 Exhibit 08: Stirr Nashville Facebook, #9 Exhibit 09: OpenTable - Stir Chattanooga, #10 Exhibit 10: Google Reviews - Stir Chattanooga, #11 Exhibit 11: Facebook Reviews - Stir Chattanooga, #12 Exhibit 12: Opentable - Stir Charlotte, #13 Exhibit 13: Google Reviews - Stir Charlotte, #14 Exhibit 14: Facebook Reviews - Stir Charlotte, #15 Exhibit 15: OpenTable - Stir Raleigh, #16 Exhibit 16: Google Reviews - Stir Raleigh, #17 Exhibit 17: Stirr Addison Facebook, #18 Exhibit 18: Stirr Dallas Instagram, #19 Exhibit 19: Stir Raleigh Instagram, #20 Exhibit 20: Stir Charlotte Instagram, #21 Exhibit 21: Building Permit No. 2020065509, #22 Exhibit 22: Permit History for Permit No. 2020065509, #23 Exhibit 23: EPermits Documents, #24 Exhibit 24: WDEF - STIR & State of Confusion Team up with Community Kitchen this November, #25 Exhibit 25: Chattanooga Times Free Press - Chattanooga restaurant group keeps giving, #26 Exhibit 26: Raleigh Magazine - Best Bars 2019, #27 Exhibit 27: Midtown Magazine - Diamond Awards 2021, #28 Exhibit 28: Midtown Magazine - Raleighs Coolest Cocktails, #29 Exhibit 29: Charlotte Observer - STIR Charlotte to open at the RailYard in South End, #30 Exhibit 30: CravedFW - STIRR Addison Opening March 9th, #31 Exhibit 31: Eater Dallas - STIRR Addison - Cocktail Favorite Stirrs Third Outpost Will Open Next Week, #32 Exhibit 32: Dallas Observer - STIRR Is Stirring Things Up in Deep Ellum, #33 Exhibit 33: Stir Charlotte Facebook, #34 Exhibit 34: Stir Raleigh Facebook, #35 Exhibit 35: STIR Chattanooga Website, #36 Exhibit 36: STIR Raleigh Website, #37 Exhibit 37: STIR Charlotte Website, #38 Exhibit 38: OpenTable - Stirr Nashville Restaurant, #39 Exhibit 39: Stirr Website Home, #40 Exhibit 40: Stirr Website Locations)(Dumitru, Michael) |
| Filing 17 DECLARATION of James Holland filed by SquareOne Holding Company, LLC re: #15 Memorandum in Support, #14 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A: OpenTable Reservations at STIR Restaurants)(Dumitru, Michael) |
| Filing 16 DECLARATION of Allen Corey filed by SquareOne Holding Company, LLC re: #15 Memorandum in Support, #14 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A: Exterior of Stir Restaurants, #2 Exhibit B: Stir Registration, #3 Exhibit C: stirrrestaurants.com Home Page)(Dumitru, Michael) |
| Filing 15 MEMORANDUM in Support of #14 MOTION for Preliminary Injunction filed by SquareOne Holding Company, LLC . (Dumitru, Michael) |
| Filing 14 MOTION for Preliminary Injunction by SquareOne Holding Company, LLC. (Dumitru, Michael) |
| GA State Bar status verified as active for Charles W. Forlidas not admitted to this court - Local counsel required. (ln) |
| GA State Bar status verified as active for Elizabeth J. Marquardt not admitted to this court - Local counsel required. (ln) |
| Filing 13 MOTION for attorney Elizabeth Marquardt to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3324438) by SquareOne Holding Company, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Dumitru, Michael) |
| Filing 12 MOTION for attorney Charles Forlidas to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3324429) by SquareOne Holding Company, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Dumitru, Michael) |
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Filing 11
ORDER: This matter is set for an initial case management conference on March 24, 2021 at 9:30 a.m. (Doc. No. #5 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 02/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 10 WAIVER OF SERVICE Returned Executed by SquareOne Holding Company, LLC. Stirr Nashville, LLC waiver sent on 1/20/2021. (Dumitru, Michael) |
| Filing 9 WAIVER OF SERVICE Returned Executed by SquareOne Holding Company, LLC. Milkshake, LLC waiver sent on 1/20/2021. (Dumitru, Michael) |
| Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by SquareOne Holding Company, LLC. (Dumitru, Michael) |
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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 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 01/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 6 Summons issued as to Milkshake, LLC and Stirr Nashville, LLC. Service copies will be returned to counsel (Michael Dumitru) by mail. (ln) |
| Filing 5 NOTICE of Initial Case Management Conference set for 3/24/2021 at 9:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (ln) |
| Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (ln) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| TN State Bar status verified as active for Charles W. Forlidas not admitted to this court - Local counsel required. (ln) |
| NOTICE TO FILER re DE#2 : The form for the Business Entity Disclosure Statement was not used. Counsel shall re-file the document using the form on the Court's website under the Forms section. Counsel shall use the event Business Entity Disclosure Statement under Other Documents when filing this document. (ln) |
| TN State Bar status verified as active for Michael J. Dumitru and Meredith C. Lee admitted to this court. (ln) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by SquareOne Holding Company, LLC. (ln) |
| Filing 1 COMPLAINT against Milkshake, LLC and Stirr Nashville, LLC (Filing fee $402, Receipt number 0650-3298579) filed by SquareOne Holding Company, LLC. (Attachments: #1 Exhibit 1 - STIR & Design US Trademark Reg 5086008, #2 Exhibit 2 - STIR Chattanooga Restaurant Signage, #3 Exhibit 3 - STIR Raleigh Restaurant Signage, #4 Exhibit 4 - STIR Charlotte Facebook Page, #5 Exhibit 5 - STIR Home Page Screen Capture, #6 Exhibit 6 - Stirr Dallas Restaurant Signage, #7 Exhibit 7 - 2020-12-14 Screen capture of stirrrestaurants.com, #8 Exhibit 8 - 2020-12-04 Nashville Post Article, #9 Exhibit 9 - 2020-12-07 Nashville Business Journal Article, #10 Exhibit 10 - Screen capture of STIRR Locations Page, #11 Attachment 1 - Civil Cover Sheet).(ln) |
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