Perkins & Marie Callender's LLC v. 5171 Campbells Land Co., Inc. et al
Plaintiff: Perkins & Marie Callender's LLC
Defendant: Kristine Kochis, William T. Kane and 5171 Campbells Land Co., Inc.
Case Number: 2:2019cv02414
Filed: June 27, 2019
Court: US District Court for the Western District of Tennessee
Presiding Judge: John T Fowlkes
Referring Judge: Jon Phipps McCalla
2 Judge: Diane K Vescovo
Nature of Suit: Contract: Franchise
Cause of Action: 15:44
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2019 Filing 45 JUDGMENT. Signed by Judge Jon Phipps McCalla on 7/30/2019. (jjf)
July 30, 2019 Opinion or Order Filing 44 ORDER of Dismissal. Signed by Judge Jon Phipps McCalla on 7/30/2019. (jjf)
July 26, 2019 Filing 43 NOTICE of Voluntary Dismissal by Perkins & Marie Callender's LLC (Attachments: #1 Exhibit A)(Battle, Walter)
July 22, 2019 Filing 42 SETTING LETTER: A Telephonic Status Conference is set for Thursday, 8/8/2019 at 9:30 AM before Judge Jon Phipps McCalla. Counsel for the Plaintiff shall initiate the conference call prior to dialing Judge McCalla's chambers at 901-495-1291. (jrs)
July 19, 2019 Opinion or Order Filing 41 ORDER granting #40 Motion to Extend Deadline; Setting Status Conference for 9:30 a.m. on August 8, 2019. Signed by Judge Jon Phipps McCalla on 7/19/2019. (jjf)
July 19, 2019 Filing 40 Joint MOTION to Extend Deadline and for Status Conference (proposed order submitted) by Perkins & Marie Callender's LLC. (Berkowitz, Nicole)
July 11, 2019 Opinion or Order Filing 37 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT BRIEFS. Signed by Chief Magistrate Judge Diane K. Vescovo on 7/11/2019. (Vescovo, Diane)
July 10, 2019 Filing 36 MEMORANDUM in Support re #9 MOTION for Temporary Restraining Order and Preliminary Injunction Brief Regarding Impact of Voluntary Petition for Bankruptcy Filed by 5171 Campbells Land Co., Inc. filed by Perkins & Marie Callender's LLC. (Podesta, Eugene)
July 9, 2019 Filing 35 MOTION for Extension of Time to File Briefs, Unopposed (proposed order submitted) by Perkins & Marie Callender's LLC. (Battle, Walter)
July 9, 2019 Filing 34 NOTICE by Perkins & Marie Callender's LLC of Filing of Proof of Service (Attachments: #1 Exhibit Declaration of Theresa Thompson)(Battle, Walter)
July 9, 2019 Filing 33 SUMMONS Returned Executed by Perkins & Marie Callender's LLC as to William T. Kane. (Podesta, Eugene)
July 9, 2019 Opinion or Order Filing 32 ORDER FOLLOWING HEARING. Plaintiff shall submit its brief and a proposed injunction no later than 5 p.m. on Wednesday, July 10, 2019. Defendants shall file their response no later than 5 p.m. on Friday, July 12, 2019. Signed by Judge Jon Phipps McCalla on 7/9/19. (des)
July 9, 2019 Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 07.08.19 before Judge Jon P. McCalla. Court Reporter Lisa Mayo, Telephone number (901) 495-1537. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 7/15/2019. Redaction Request due 7/30/2019. Release of Transcript Restriction set for 10/7/2019. (Mayo, Lisa)
July 8, 2019 Filing 30 Exhibit List for Preliminary Injunction Hearing on 7/8/2019. (jrs)
July 8, 2019 Filing 29 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Preliminary Injunction Hearing held on 7/8/2019. Nicole D. Berkowitz, Walter Preston Battle, IV, and Eugene J. Podesta, Jr. appeared for the Plaintiff. Philip E. Mischke appeared for the Defendants. 5171 Campbells Land Co., Inc., filed for bankruptcy on July 8, 2019 in United States Bankruptcy Court for the Western District of Pennsylvania. Question of relief as it relates to the two named individual defendants discussed. Plaintiff submits Exhibit 1. Plaintiff will file draft of a preliminary injunction with the court by July 10, 2019 as it relates to the two individual named defendants. Defendant's draft/brief due July 10, 2019 by close of business. Court will grant extension of Temporary Restraint Order to 28 days in light of record before the court thus far. Order to be entered. (Court Reporter: Lisa Mayo) (jrs)
July 8, 2019 Filing 28 NOTICE by 5171 Campbells Land Co., Inc. of Bankruptcy Filing (Mischke, Philip)
July 8, 2019 Filing 27 NOTICE: The Preliminary Injunction Hearing set for Monday, 7/8/2019 at 4:00 PM before Judge Jon Phipps McCalla will be held in Courtroom 4 - 9th floor of the Federal Building. (jrs)
July 8, 2019 Opinion or Order Filing 26 ORDER on #23 Motion to Continue. Hearing remains scheduled as previously set. Signed by Judge Jon Phipps McCalla on 7/8/19. (des)
July 5, 2019 Filing 25 AFFIDAVIT re #23 MOTION to Continue Preliminary Injunction Hearing by 5171 Campbells Land Co., Inc., William T. Kane, Kristine Kochis. (Mischke, Philip)
July 3, 2019 Filing 24 RESPONSE in Opposition re #23 MOTION to Continue Preliminary Injunction Hearing filed by Perkins & Marie Callender's LLC. (Attachments: #1 Exhibit 1 - Declaration of Angela Morris, #2 Exhibit 2 - Meadville Photos, #3 Exhibit 3 - Greenville Photo, #4 Exhibit 4 - WKBN Article)(Battle, Walter)
July 3, 2019 Filing 23 MOTION to Continue Preliminary Injunction Hearing by All Defendants. (Mischke, Philip)
July 3, 2019 Filing 22 NOTICE of Appearance by Philip E. Mischke on behalf of All Defendants (Mischke, Philip)
July 3, 2019 Filing 21 NOTICE by Perkins & Marie Callender's LLC of Filing of Proof of Service (Attachments: #1 Exhibit Declaration of Eugene Podesta, #2 Exhibit 1 to Declaration of Eugene Podesta, #3 Exhibit 2 to Declaration of Eugene Podesta, #4 Exhibit 3 to Declaration of Eugene Podesta, #5 Exhibit 4 to Declaration of Eugene Podesta, #6 Exhibit 5 to Declaration of Eugene Podesta)(Podesta, Eugene)
July 2, 2019 Filing 20 SUMMONS Returned Executed by Perkins & Marie Callender's LLC as to Kristine Kochis. (Podesta, Eugene)
July 2, 2019 Opinion or Order Filing 19 Temporary Restraining Order and Notice of Hearing. Signed by Judge Jon Phipps McCalla on 7/2/2019. (jjf)
July 2, 2019 Filing 18 SETTING LETTER: A Preliminary Injunction Hearing is set for Monday, 7/8/2019 at 4:00 PM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. (jrs)
July 2, 2019 Filing 17 Exhibit List for Temporary Restraining Order/Preliminary Injunction hearing on 7/2/2019. (jrs)
July 2, 2019 Filing 16 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Temporary Restraint/Preliminary Injunction Hearing held on 7/2/2019. Nicole D. Berkowitz, Walter Preston Battle, IV, and Eugene J. Podesta, Jr. appeared for the Plaintiff. Defendant or defendant's counsel not present. David John Blouin, Vice President of Operations, Perkins and Marie Callender's, LLC., also present.Plaintiff's sworn witnesses/proof: Exhibit 1; David John Blouin; Exhibits 2-7. Arguments heard. Courts grants Temporary Restraining Order. No bond will be required at this time. Order will be entered. Plaintiff responsible for notifying defendant re: TRO and Notice of Preliminary Injunction hearing. Preliminary Injunction Hearing is set for Monday, 7/8/2019 at 4:00 PM before Judge Jon Phipps McCalla. (Court Reporter: Mark Dodson) (jrs)
June 28, 2019 Filing 15 SETTING LETTER: A Temporary Restraint/Preliminary Injunction Hearing is set for Tuesday, 7/2/2019 at 10:00 AM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. (jrs)
June 28, 2019 Opinion or Order Filing 14 ORDER Setting Temporary Restraining Order and Preliminary Injunction Hearing. Signed by Judge Jon Phipps McCalla on 6/28/2019. (jjf)
June 28, 2019 Opinion or Order Filing 13 ORDER REASSIGNING CASE, signed by Judge John T. Fowlkes, Jr. on 6/28/2019. Case reassigned to Judge Jon Phipps McCalla for all further proceedings. Judge John T. Fowlkes, Jr. no longer assigned to case. (Fowlkes, John) (Additional attachment(s) added on 7/1/2019: #1 judicial assignment card) (jae).
June 27, 2019 Filing 12 NOTICE of Appearance by Walter Preston Battle, IV on behalf of Perkins & Marie Callender's LLC (Battle, Walter)
June 27, 2019 Filing 11 NOTICE of Appearance by Nicole D. Berkowitz on behalf of Perkins & Marie Callender's LLC (Berkowitz, Nicole)
June 27, 2019 Filing 10 Corporate Disclosure Statement by Perkins & Marie Callender's LLC. (Podesta, Eugene)
June 27, 2019 Filing 9 MOTION for Temporary Restraining Order and Preliminary Injunction by Perkins & Marie Callender's LLC. (Attachments: #1 Memorandum of Law in Support of Motion for Temporary Restraining Order)(Podesta, Eugene)
June 27, 2019 Filing 8 Summons Issued as to Kristine Kochis. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
June 27, 2019 Filing 7 Summons Issued as to William T. Kane. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
June 27, 2019 Filing 6 Summons Issued as to 5171 Campbells Land Co., Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
June 27, 2019 Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld)
June 27, 2019 Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld)
June 27, 2019 Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld)
June 27, 2019 Filing 2 Judge John T. Fowlkes, Jr and Chief Magistrate Judge Diane K. Vescovo added. (jld)
June 27, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number ATNWDC-3101795), filed by Perkins & Marie Callender's LLC. (Attachments: #1 Exhibit 1 - Reg. No. 809,680, #2 Exhibit 2 - Collective Patents, #3 Exhibit 3 - Collective Agreements, #4 Exhibit 4 - Letter to Billy Kane 5.4.18, #5 Exhibit 5 - Letter to Billy Kane 6.8.18, #6 Exhibit 6 - Letter to Billy Kane10.25.18, #7 Exhibit 7 - Letter to Billy Kane 5.17.19, #8 Exhibit 8 - Collective Termination Letters, #9 Civil Cover Sheet, #10 Summons to 5171 Campbells Land Co., Inc., #11 Summons to William Kane, #12 Summons to Kristine Kochis)(Podesta, Eugene)

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Defendant: Kristine Kochis
Represented By: Philip E. Mischke
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Defendant: William T. Kane
Represented By: Philip E. Mischke
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Defendant: 5171 Campbells Land Co., Inc.
Represented By: Philip E. Mischke
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Plaintiff: Perkins & Marie Callender's LLC
Represented By: Eugene J. Podesta, Jr.
Represented By: Nicole D. Berkowitz
Represented By: Walter Preston Battle, IV
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