Amerispec, L.L.C. v. Sutko Real Estate Services, Inc. et al
| Amerispec, L.L.C. |
| SRE Home Inspections, Inc., John Sutko, Sutko Real Estate Services, Inc. and Thomas Sutko |
| 2:2020cv02365 |
| May 21, 2020 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| Thomas L Parker |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 Minute Entry for Telephonic Scheduling Conference held before Judge Thomas L. Parker on 1/28/2021. John Wardlaw and Michael Gray appeared for the Plaintiff. James Fox appeared for the Defendant. The parties asked the Court for a Settlement Conference with the Magistrate Court or to order Mediation. The Court ordered that the parties complete ADR by 4/16/2021. The Court advised that if the case does not settle, it would hold the Non-Jury Trial in the Summer 2021. (Court Reporter, Catherine Phillips) (mlk) |
Filing 56
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] The Court held a status conference with the parties on January 28, 2021. During the conference, the parties requested an alternative dispute resolution (ADR) deadline. The Court GRANTS the parties request and ORDERS the parties to conduct ADR by April 16, 2021. Signed by Judge Thomas L. Parker on 1/28/2021. (kll)
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| Filing 55 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Telephonic Status Conference set for 1/28/2021 at 09:45 AM before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215. (mlk) |
| Filing 54 ANSWER to #28 Amended Complaint by All Defendants.(Fox, James) |
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Filing 53
ORDER DENYING MOTION TO DISMISS FOR LACK OF JURISDICTION. Signed by Judge Thomas L. Parker on 11/30/2020. (kll)
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| Filing 52 Minute Entry for Telephonic Status Conference held before Judge Thomas L. Parker on 11/19/2020. John Wardlaw and Michael Gray appeared for the Plaintiff and Brian McKernan and James Fox appeared for the Defendants. The Court requested a status update in the case. The parties informed the Court that no activity had taken place in the case since the preliminary injunction hearing. Defendants asked the Court if the Court would be ruling on the Motion to Dismiss, [ECF 37]. The Court informed the parties that an oral ruling was made as to the motion denying it; however, the Court would issue a written order for the record. Defendants also stated he was aware of the $50,000 bond posted for the TRO and questioned why no bond for the Preliminary Injunction was ever posted. Plaintiff stated the bond for the TRO applied also to the Preliminary Injunction. If Defendants decide that they believe the bond for the TRO and/or Preliminary Injunction was insufficient, they will file a motion to address it. (Court Reporter, Catherine Phillips) (mlk) |
| Filing 51 SETTING LETTER: A TELEPHONIC STATUS CONFERENCE has been SET before Judge Thomas L. Parker for THURSDAY, NOVEMBER 19, 2020 at 9:00 A.M. (CST).Please call 877-336-1839 to dial into the conference call. The access code is 6517215.Counsel should be prepared to discuss all pending motions. (jpw) |
| Filing 50 Pursuant to Admin. Order 2020-31 referral judge reassigned to Magistrate Judge Annie T. Christoff.(cdi) |
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Filing 49
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION #17 . Signed by Judge Thomas L. Parker on 7/10/2020. (bab)
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| Filing 48 Exhibit List Defendants' Exhibit List for Preliminary Injunction Hearing by SRE Home Inspections, Inc., John Sutko, Thomas Sutko, Sutko Real Estate Services, Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Fox, James) |
| Filing 47 Minute Entry for proceedings held before Judge Thomas L. Parker; Evidentiary Hearing (via SKYPE) held on 6/25/2020. Michael Gray and John Wardlaw appeared for the Plaintiff. Timothy Leslie and Chris Gammill were present for the Plaintiff. Brian McKernan and Ben Fox appeared for the Defendants. Tom Sutko and John Sutko were present for the Defendants. Counsel for Plaintiff Motioned that if this Injunction Hearing is Taken Under Advisement, Plaintiff be given (1) week to review the Defendants' exhibits to #44 ; and if needed, file a Reply. Opening Statements made by the parties. Plaintiff called: Tom Sutko, John Sutko. The Court Ordered the Defendants' Exhibits 1-29, to #44 be filed and admitted as part of the proof. Plaintiff resumed proof be calling: Chris Gammill. Plaintiff rested. Defendant rested without calling any witnesses. Closing Arguments made by the parties. The matter was Taken Under Advisement. The Court was not convinced at this time the TRO Ruling should be changed. The Court extended the TRO for 14 days and will allow Plaintiff to review Defendants' Exhibits, 1-29. Counsel for Plaintiff may file a Reply. True Home Inspection is also injoined and governed by the TRO for (2) weeks. (Court Reporter, Catherine Phillips) (mlk) |
| Filing 46 Exhibit List for Preliminary Injunction Hearing by Amerispec, L.L.C... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Gray, Michael) |
| Filing 45 AFFIDAVIT re #17 MOTION for Temporary Restraining Order Proposed Order Submitted Declaration of William Hawkins by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 44 RESPONSE in Opposition re #17 MOTION for Temporary Restraining Order Proposed Order Submitted Defendants Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction filed by All Defendants. (Fox, James) |
| Filing 43 NOTICE by Amerispec, L.L.C. of Filing Temporary Restraining Order Bond (Gray, Michael) |
| Filing 42 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; SKYPE Evidentiary Hearing set for 6/25/2020 at 01:00 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker Re: #17 Motion for Temporary Restraining Order. (mlk) |
| Filing 41 Minute Entry for proceedings held before Judge Thomas L. Parker; Motion Hearing held on 6/15/2020 re #17 Motion for Temporary Restraining Order filed by Amerispec, L.L.C. Michael Gray and John Wardlaw appeared for the Plaintiff, (Tim Leslie and Chris Gammil was also appeared on the call for the Plaintiff) Brian McKernan and Ben Fox for the Defendant. The parties argued the Motion for a TRO. The Defendant questioned and argued whether the Western District of Tennessee was the correct jurisdiction for this case. At 3:30 PM, the Court recessed the hearing to return at 4:15 PM with its ruling. Ruling: The Court Granted the TRO. The TRO was entered with a $50,000 bond. Evidentiary Hearing set for 6/25/2020 at 01:00 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (Court Reporter, Catherine Phillips) (mlk) |
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Filing 40
ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Thomas L. Parker on 06/12/2020. (Parker, Thomas)
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| Filing 39 RESPONSE to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Limited Response to Defendants Motion to Dismiss filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 38 Notice of Correction to #28 Amended Complaint First Amended Verified Complaint - Executed Verification attached. (Gray, Michael) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction by SRE Home Inspections, Inc., John Sutko, Thomas Sutko, Sutko Real Estate Services, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Declaration of T. Sutko, #3 Exhibit 2 - Declaration of J. Sutko)(Fox, James) |
| Filing 36 ATTACHMENT Exhibits E - I to First Amended Verified to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 35 ATTACHMENT Exhibit D - Part 2 to First Amended Verified to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 34 ATTACHMENT Exhibit D - Part 1 to First Amended Verified to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 33 ATTACHMENT Exhibit C to First Amended Verified to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 32 ATTACHMENT Exhibit B - Part 2 to First Amended Verified to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 31 ATTACHMENT Exhibit B - Part 1 to First Amended Verified to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 30 ATTACHMENT Exhibit A - Part 2 to First Amended Verified Complaint to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 29 ATTACHMENT Exhibit A - Part 1 to First to #28 Amended Complaint by Amerispec, L.L.C... (Gray, Michael) |
| Filing 28 AMENDED COMPLAINT First Amended against SRE Home Inspections, Inc., John Sutko, Thomas Sutko, Sutko Real Estate Services, Inc., filed by Amerispec, L.L.C..(Gray, Michael) |
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Filing 27
ORDER GRANTING #25 MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Thomas L. Parker on 6/11/2020. (bab)
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| Filing 26 SETTING LETTER: Re: #17 Motion for Temporary Restraining Order set for 6/12/2020 at 02:00 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. The TRO hearing will be done via Skype for Business video conference. The Court will send, via email, to each attorney, an invitation for the conference. Parties shall consult the # Skype for Business web page for instructions on downloading the proper extensions for their computer. You will receive an email invitation to the conference 30 minutes prior to the start of the hearing. Counsel should submit prior to the hearing any exhibits to be offered to the Judges ECF mailbox. (mlk) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3365594) by SRE Home Inspections, Inc., John Sutko, Thomas Sutko, Sutko Real Estate Services, Inc.. (Attachments: #1 Certificate of Good Standing)(McKernan, Brian) |
| Filing 24 NOTICE of Appearance by James Bennett Fox, Jr on behalf of All Defendants (Fox, James) |
| Filing 23 Minute Entry for proceedings held before Judge Thomas L. Parker; Telephonic Status Conference held on 6/4/2020. Michael Gray and John Wardlaw appeared for the Plaintiff. Brian McKernan appeared for the Defendants. Mr. McKernan informed the Court he is prepared to go forward, would be getting local counsel to assist and will be filing a Motion Pro Hac. Defendant also questions the Jurisdiction for this case. SKYPE TRO Hearing set for 6/12/2020 at 01:00 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (Court Reporter, Catherine Phillips. (mlk) |
| Filing 22 SETTING LETTER - TEXT ONLY, NO IMAGE ATTACHED; Telephonic Status Conference set for 6/4/2020 at 04:00 PM CST before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215. (mlk) |
| Filing 21 AFFIDAVIT of Service for Plaintiff's Motion for TRO; Memorandum in Support; Declaration of Chris Gammill, Appendix of Cases served on Thomas Sutko on 06/01/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 20 AFFIDAVIT of Service for Plaintiff's Motion for TRO; Memorandum in Support; Declaration of Chris Gammill, Appendix of Cases served on Thomas Sutko for Sutko Real Estate Services, Inc. on 06/01/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 19 AFFIDAVIT of Service for Plaintiff's Motion for TRO; Memorandum in Support; Declaration of Chris Gammill, Appendix of Cases served on John Sutko for SRE Home Inspections,Inc. on 06/01/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 18 AFFIDAVIT of Service for Plaintiff's Motion for TRO; Memorandum in Support; Declaration of Chris Gammill, Appendix of Cases served on John Sutko on 06/01/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 17 MOTION for Temporary Restraining Order Proposed Order Submitted by Amerispec, L.L.C.. (Attachments: #1 Memorandum in Support of Motion, #2 Appendix of Cases, #3 Exhibit 1 to Appendix, #4 Exhibit 2 to Appendix, #5 Exhibit 3 to Appendix, #6 Exhibit 4 to Appendix, #7 Exhibit 5 to Appendix, #8 Exhibit 6 to Appendix, #9 Exhibit 7 to Appendix, #10 Exhibit 8 to Appendix, #11 Exhibit 9 to Appendix, #12 Exhibit 10 to Appendix, #13 Exhibit 11 to Appendix, #14 Exhibit 12 to Appendix, #15 Exhibit 13 to Appendix, #16 Exhibit 14 to Appendix, #17 Affidavit Declaration of Chris Gammill)(Gray, Michael) |
| Filing 16 NOTICE of Appearance by John Lewis Wardlaw on behalf of Amerispec, L.L.C. (Wardlaw, John) |
| Filing 15 AFFIDAVIT of Service for Summons, Complaint and Exhibits, Civil Cover Sheet and Corporate Disclosure Statement served on John Sutko on 05/27/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 14 AFFIDAVIT of Service for Summons, Complaint and Exhibits, Civil Cover Sheet and Corporate Disclosure Statement SRE Home Inspections, Inc. served on John Sutko on 05/27/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 13 AFFIDAVIT of Service for Summons, Complaint and Exhibits, Civil Cover Sheet and Corporate Disclosure Statement served on Thomas Sutko on 05/23/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 12 AFFIDAVIT of Service for Summons, Complaint and Exhibits, Civil Cover Sheet and Corporate Disclosure Statement served on Sutko Real Estate Services, Inc. served on Thomas Sutko on 05/23/2020, filed by Amerispec, L.L.C.. (Gray, Michael) |
| Filing 11 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 1497266; 2524568; 4066524; 4066523; . (Gray, Michael) |
| Filing 10 Summons Issued as to SRE Home Inspections, Inc., John Sutko, Thomas Sutko, Sutko Real Estate Services, 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. (Attachments: #1 summons, #2 summons, #3 summons)(jae) |
| Filing 9 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 (jae) |
| Filing 8 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 (jae) |
| Filing 7 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 (jae) |
| Filing 6 Judge Thomas L. Parker and Judge Unassigned 7 added. (jae) |
| Filing 5 Corporate Disclosure Statement by Amerispec, L.L.C. identifying Corporate Parent ServiceMaster Global Holding, Inc. for Amerispec, L.L.C... (Gray, Michael) |
| Filing 4 ATTACHMENT Exhibit E to #1 Complaint,, by Amerispec, L.L.C... (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I)(Gray, Michael) |
| Filing 3 ATTACHMENT Exhibit D - Part 1 of 3 to #1 Complaint,, by Amerispec, L.L.C... (Attachments: #1 Exhibit D - Part 2 of 3, #2 Exhibit D - Part 3 of 3)(Gray, Michael) |
| Filing 2 ATTACHMENT Exhibit B - Part 1 of 3 to #1 Complaint,, by Amerispec, L.L.C... (Attachments: #1 Exhibit B - Part 2 of 3, #2 Exhibit B- Part 3 of 3, #3 Exhibit C)(Gray, Michael) |
| Filing 1 COMPLAINT Verified against SRE Home Inspections, Inc., John Sutko, Thomas Sutko, Sutko Real Estate Services, Inc. (Filing fee $ 400 receipt number ATNWDC-3353155), filed by Amerispec, L.L.C.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Sutko Real Estate Services, #3 Summons SRE Home Inspections, #4 Summons Thomas Sutkko, #5 Summons John Sutko, #6 Exhibit A - Part 1 of 3, #7 Exhibit A - Part 2 of 3, #8 Exhibit A - Part 3 of 3)(Gray, Michael) |
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