Coxworth et al v. Shukas Industries, LLC
| Robert Coxworth and Deborah Coxworth |
| Shukas Industries, LLC |
| 3:2023cv01355 |
| December 21, 2023 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Alistair Newbern |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 29 REPLY filed by Deborah Coxworth, Robert Coxworth re #14 Answer to Complaint, Counterclaim filed by Shukas Industries, LLC. (Harris, Jenna) |
| Filing 28 NOTICE by Deborah Coxworth, Robert Coxworth re: Order to Mediate (Harris, Jenna) |
Filing 27
ORDER: Notwithstanding the parties Joint Motion for Entry of Agreed Order that the Court has approved, the Court believes that the parties should proceed immediately to mediation. Therefore, on or before February 9, 2024, the parties shall select an agreed mediator and a date certain for mediation. If the parties are unable to do so, then they shall propose three mediators and the Court will select one. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/07/24. (ad)
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Filing 26
AGREED ORDER: Plaintiffs, Robert Coxworth and Deborah Coxworth, and Defendant, Shukas Industries, LLC, have agreed to the entry of this Agreed Order that resolves Plaintiffs' Motion for Preliminary Injunction for Trademark Infringement and Unfair Competition (Doc. No. #7 ) and Motion for Temporary Restraining Order (Doc. No. #17 ), without admission of liability and reserving all rights, claims, defenses, and counterclaims. Their Joint Motion for Entry of Agreed Order (Doc. No. #25 ) is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/06/24. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 25 Joint MOTION Entry of Agreed Order by Deborah Coxworth, Robert Coxworth. (Attachments: #1 Attachment Proposed Agreed Order)(Harris, Jenna) |
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Filing 24
ORDER: The hearing on Plaintiffs' Motion for Temporary Restraining Order (Doc. No. #17 ) set on February 7, 2024, at 3:00 p.m. is RESET to 9:00 a.m. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/6/2024. (af)
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Filing 23
ORDER: Plaintiffs/Counter-Defendants Robert and Deborah Coxworth and Defendant/Counter-Plaintiff Shukas Industries, LLC have jointly moved the Court to continue the hearing on Plaintiffs' Motion for Temporary Restraining Order ("TRO") set for February 2, 2024 at 1:00 p.m. The motion #22 is GRANTED. The hearing on Plaintiffs' motion for a temporary restraining order set for February 2,2024 is RESCHEDULED to February 7, 2024, at 3:00 p.m. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/01/24. (ad)
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| Filing 22 Joint MOTION to Continue Hearing on Temporary Restraining Order by Deborah Coxworth, Robert Coxworth. (Attachments: #1 Attachment Proposed Order)(Harris, Jenna) |
| Filing 21 DECLARATION of Thomas Shukas filed by Shukas Industries, LLC re: #20 Response in Opposition to Motion. (Attachments: #1 Exhibit A - recipes)(Cook, Marshall) |
| Filing 20 RESPONSE in Opposition re #17 Emergency MOTION for Temporary Restraining Order filed by Shukas Industries, LLC. (Attachments: #1 Attachment unpublished case)(Cook, Marshall) |
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Filing 19
ORDER: Plaintiffs' Motion for Temporary Restraining Order (Doc. No. #17 ) is set for a hearing at 1:00 p.m. on Friday, February 2, 2024. Defendant shall file its response to Plaintiffs' motion by 1:00 p.m. on Thursday, February 1, 2024. Signed by Chief Judge Waverly D. Crenshaw, Jr on 01/30/24. (ad)
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| Filing 18 MEMORANDUM in Support of #17 Emergency MOTION for Temporary Restraining Order filed by Deborah Coxworth, Robert Coxworth . (Attachments: #1 Attachment Declaration of R. Coxworth ISO Memorandum ISO Motion for TRO, #2 Exhibit Exhibit A to R. Coxworth Declaration, #3 Attachment Declaration of J. Harris ISO Memorandum ISO Motion for TRO, #4 Exhibit Exhibit A to J. Harris Declaration, #5 Exhibit Exhibit B to J. Harris Declaration, #6 Exhibit Exhibit C to J. Harris Declaration, #7 Exhibit Exhibit D to J. Harris Declaration, #8 Exhibit Exhibit E to J. Harris Declaration, #9 Exhibit Exhibit F to J. Harris Declaration, #10 Exhibit Exhibit G to J. Harris Declaration)(Harris, Jenna) |
| Filing 17 Emergency MOTION for Temporary Restraining Order by Deborah Coxworth, Robert Coxworth. (Harris, Jenna) |
| Filing 16 NOTICE of Filing by Deborah Coxworth, Robert Coxworth (Attachments: #1 Attachment Proposed Agreed Order)(Harris, Jenna) |
| Filing 15 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Shukas Industries, LLC. (Cook, Marshall) |
| Filing 14 ANSWER to #1 Complaint, , COUNTERCLAIM against Deborah Coxworth, Robert Coxworth by Shukas Industries, LLC. (Attachments: #1 Exhibit A - September 22, 2023 letter)(Cook, Marshall) |
| Filing 13 SUMMONS returned executed by Robert Coxworth, Deborah Coxworth. Shukas Industries, LLC served on 12/22/2023. (Harris, Jenna) |
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Filing 12
ORDER: Upon the reassignment of this case following Magistrate Judge Newbern's recusal (Docket No. #11 ), the initial case management conference is RESCHEDULED for March 12, 2023, at 3:00 p.m. (CT) using the Court's conference line at 1-877-402-9753, access code 3808663#. Counsel must also confer regarding (i) the extent of limited discovery necessary to prepare for a hearing on Plaintiffs' motion for a preliminary injunction (Docket No. #7 ); (ii) a briefing schedule for the motion; and, (iii) a proposed preliminary injunction hearing date, all as previously instructed by Chief Judge Crenshaw. (Docket No. 9.). Signed by Magistrate Judge Barbara D. Holmes on 01/05/24. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 11
ORDER: I hereby recuse myself in the above-styled action. This case shall be returned to the Clerk of Court for reassignment to another magistrate judge. The initial case management conference set on March 7, 2024, is CANCELLED and will be reset by the assigned Magistrate Judge. (Case randomly reassigned to Magistrate Judge Barbara D. Holmes by the Clerk's Office for all further proceedings). Signed by Magistrate Judge Alistair Newbern on 01/03/24. (ad)
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| TN State Bar status verified as active for Marshall T. Cook, Paul W. Kruse, Stephen J. Zralek admitted to this court. (ad) |
| Filing 10 NOTICE of Appearance by Marshall T. Cook on behalf of Shukas Industries, LLC (Cook, Marshall) |
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Filing 9
ORDER: Before the Court is Plaintiffs' motion for a preliminary injunction. (Doc. No. #7 ). This case is set for an Initial Case Management Conference on March 7, 2024, before United States Magistrate Judge Alistair Newbern (Doc. No. #6 .). At the Conference, the parties shall discuss with the Magistrate Judge the extent of the limited discovery necessary to prepare for a hearing on the motion. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/28/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 8
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). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/26/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 7 MOTION for Preliminary Injunction by Deborah Coxworth, Robert Coxworth. (Attachments: #1 Attachment Memo ISO Motion for Preliminary Injunction, #2 Exhibit Ex. 1 - License Agreement, #3 Exhibit Ex. 2 - May 9 Letter, #4 Exhibit Ex. 3 - August 24 Letter, #5 Attachment Proposed Order)(Harris, Jenna) |
| Filing 6 NOTICE of Initial Case Management Conference by Telephone set for 3/7/2024 at 10:00 AM before Magistrate Judge Alistair Newbern. (af) |
| Filing 5 Summons issued as to Shukas Industries, LLC. Service copies will be returned to counsel by mail. (af) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (af) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (af) |
| Filing 1 COMPLAINT against Shukas Industries, LLC (Filing fee $405, Receipt number ATNMDC-3978534), filed by Robert Coxworth, Deborah Coxworth. (Attachments: #1 Exhibit A - State TM Registrations, #2 Exhibit B - Asset Purchase Agreement, #3 Exhibit C - License Agreement, #4 Exhibit D - May 9 Letter, #5 Exhibit E - August 24 Letter, #6 Attachment - Civil Cover Sheet)(af) |
| TN State Bar status verified as active for Jenna Lyn Harris admitted to this court. (af) |
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