Buff City Soap LLC et al v. Bynum et al
| Buff City Soap LLC, Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap Supply LLC and Buff City Soap LLC (Delaware) |
| Magen Bynum, Buff City New Albany, LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of New Albany, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC, Magnolia Soap and Bath Co. FRCH, LLC, Hope in Soap Collierville, LLC, Vanguard Enterprises, Inc. and Magnolia Soap & Bath Holding Co., LLC |
| 2:2021cv02462 |
| July 9, 2021 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
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Filing 112
JUDGMENT. Signed by Judge Jon Phipps McCalla on 7/15/2022. (rcl)
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Filing 111
ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Jon Phipps McCalla on 7/15/2022. (rcl)
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Filing 110
STIPULATION of Dismissal /Joint Stipulation of Dismissal With Prejudice - Proposed Order Submitted by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC((a Tennessee entity)), Buff City Soap LLC (Delaware), Buff City Soap Supply LLC. (Riccio, Nicole)
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Filing 109
ORDER Granting #108 Joint Motion for Extension of Stay. Signed by Judge Jon Phipps McCalla on 7/12/2022. (rcl)
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Filing 108
Joint MOTION for Extension of Stay re #107 Order on Motion for Miscellaneous Relief - Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 107
ORDER Granting #106 Joint Motion for Extension of Stay. Signed by Judge Jon Phipps McCalla on 6/27/2022. (rcl)
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Filing 106
Joint MOTION for Extension of Stay - Proposed Order Submitted by All Plaintiffs. (Riccio, Nicole)
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Filing 105
ORDER Granting #104 Joint Motion for Extension of Stay. Signed by Judge Jon Phipps McCalla on 6/9/2022. (rcl)
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Filing 104
Joint MOTION for Extension of Stay re #103 Order - Proposed Order Submitted by All Plaintiffs. (Riccio, Nicole)
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Filing 103
ORDER RE: #102 , GRANTING MOTION FOR STAY OF LITIGATION AND DENYING MOTION FOR CONTINUANCE OF TRIAL DATE. Signed by Judge Jon Phipps McCalla on 5/13/2022. (rcl)
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Filing 102
NOTICE of Settlement /Joint Notice of Settlement in Principle and Motion for Stay of Litigation - Proposed Order Submitted by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC((a Tennessee entity)), Buff City Soap LLC((a Delaware entity)), Buff City Soap LLC (Delaware), Buff City Soap Supply LLC (Riccio, Nicole)
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Filing 101
RESPONSE in Opposition re #93 MOTION for Leave to Serve Subpoenas Out of Time and to Quash Plaintiffs' Subpoenas Duces Tecum - proposed order submitted /Plaintiffs' Memorandum in Opposition to Defendants' Motion to Quash - Proposed Order Submitted filed by All Plaintiffs. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - Subpoenas, #4 Exhibit D - Email, #5 Exhibit E - Email, #6 Exhibit F - Email, #7 Exhibit G - Discovery Requests, #8 Exhibit H - Discovery Responses, #9 Exhibit I - Email, #10 Exhibit J - Email)(Riccio, Nicole)
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Filing 100
ORDER REFERRING #93 DEFENDANTS' MOTION TO QUASH PLAINTIFFS' SUBPOENAS DUCES TECUM. Signed by Judge Jon Phipps McCalla on 5/6/2022. (rcl)
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Filing 99
ORDER Granting #97 Defendants' Motion to Withdraw Request for Leave to Serve Subpoenas Duces Tecum out of Time. Signed by Judge Jon Phipps McCalla on 5/5/2022. (rcl)
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Filing 98
ORDER Granting #96 Defendants' Motion to File Exhibit by Conventional Means. Signed by Judge Jon Phipps McCalla on 5/5/2022. (rcl)
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Filing 97
MOTION to Withdraw Request for Leave to Serve Subpoenas Out of Time re #93 MOTION for Leave to Serve Subpoenas Out of Time and to Quash Plaintiffs' Subpoenas Duces Tecum - proposed order submitted Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 96
MOTION to File Exhibit by Conventional Means re #93 MOTION for Leave to Serve Subpoenas Out of Time and to Quash Plaintiffs' Subpoenas Duces Tecum - proposed order submitted Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 95
ORDER Denying in Part and Granting in Part #72 Defendants' Motion to Transfer and Dismiss. Signed by Judge Jon Phipps McCalla on 4/29/2022. (rcl)
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Filing 94
MEMORANDUM in Support re #93 MOTION for Leave to Serve Subpoenas Out of Time and to Quash Plaintiffs' Subpoenas Duces Tecum - proposed order submitted filed by All Defendants. (Coffman, Andrew)
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Filing 93
MOTION for Leave to Serve Subpoenas Out of Time and to Quash Plaintiffs' Subpoenas Duces Tecum - proposed order submitted by All Defendants. (Attachments: #1 Exhibit A - 4/8/2022 e-mail, #2 Exhibit B - 4/11/2022 e-mail, #3 Exhibit C - Subpoenas Issued by Plaintiffs, #4 Exhibit D - 4/21/2022 e-mail, #5 Exhibit E - Subpoenas Issued by Defendants, #6 Exhibit F - 4/22/2022 e-mail, #7 Exhibit G - Harcros Subpoena, #8 Exhibit H - 4/14/2022 e-mail, #9 Exhibit I - 4/6/2022 e-mail, #10 Exhibit J - 10/2/2018 letter, #11 Exhibit K - Coffman Declaration, #12 Exhibit L - Bare Bath Essentials Screenshot, #13 Exhibit M - Placeholder - Buff City Advertising Video, #14 Exhibit N - Bramble Berry Depo Ex. 2, #15 Exhibit O - Halbert Declaration, #16 Exhibit P - Soap Factory Facebook Screenshot, #17 Exhibit Q - Return of Non-Service on Soaping 101, #18 Exhibit R - Return of Non-Service on The Soap Gal, LLC, #19 Exhibit S - 4/20/2022 e-mail, #20 Exhibit T - Sunrise Soap Company Screenshot)(Coffman, Andrew)
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Filing 92
AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects served on Harcros Chemicals, Inc. on 4/5/2022, filed by Buff City New Albany, LLC, Magen Bynum, Hope in Soap Collierville, LLC, Magnolia Soap & Bath Co. of New Albany, LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap and Bath Co. FRCH, LLC, Magnolia Soap and Bath Co. of Jackson, LLC, Vanguard Enterprises, Inc.. (Coffman, Andrew)
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Filing 91
AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects served on Royalty Soaps, LLC on 3/24/2022, filed by Buff City New Albany, LLC, Magen Bynum, Hope in Soap Collierville, LLC, Magnolia Soap & Bath Co. of New Albany, LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap and Bath Co. FRCH, LLC, Magnolia Soap and Bath Co. of Jackson, LLC, Vanguard Enterprises, Inc.. (Coffman, Andrew)
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Filing 90
NOTICE of Appearance by Locke Houston Waldrop on behalf of Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC((a Tennessee entity)), Buff City Soap LLC (Delaware), Buff City Soap Supply LLC (Waldrop, Locke)
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Filing 89
AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects served on iHeartMedia + Entertainment, Inc. d/b/a iHeartRadio on 3/21/2022, filed by Buff City New Albany, LLC, Magen Bynum, Hope in Soap Collierville, LLC, Magnolia Soap & Bath Co. of New Albany, LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap and Bath Co. FRCH, LLC, Magnolia Soap and Bath Co. of Jackson, LLC, Vanguard Enterprises, Inc.. (Coffman, Andrew)
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Filing 88
AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects served on Allen Media Broadcasting, LLC d/b/a WTVA on 3/21/2022, filed by Buff City New Albany, LLC, Magen Bynum, Hope in Soap Collierville, LLC, Magnolia Soap & Bath Co. of New Albany, LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap and Bath Co. FRCH, LLC, Magnolia Soap and Bath Co. of Jackson, LLC, Vanguard Enterprises, Inc.. (Coffman, Andrew)
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Filing 87
*TEXT ORDER* Granting #85 Motion for Leave to Appear Pro Hac Vice of Christopher Deck. Signed by Judge Jon Phipps McCalla on 3/21/2022. (rcl)
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Filing 86
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #85 MOTION for Leave to Appear Pro Hac Vice of Christorpher Deck (Filing fee $ 150 receipt number ATNWDC-3834668) filed by Buff City Soap Franchising LLC, Buff City Soap Supply LLC, Buff City Soap LLC (Delaware), Buff City Soap Holdings LLC, Buff City Soap LLC has been filed. For future reference, please note : Proposed order are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
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Filing 85
MOTION for Leave to Appear Pro Hac Vice of Christorpher Deck (Filing fee $ 150 receipt number ATNWDC-3834668) by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC((a Tennessee entity)), Buff City Soap Supply LLC, Buff City Soap LLC (Delaware). (Attachments: #1 Certificate of Good Standing MA - State, #2 Certificate of Good Standing MA - USDC, #3 Proposed Order)(Deck, Christopher)
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Filing 84
ORDER Granting #83 Joint Motion to Extend Expert Disclosure Deadlines. Signed by Judge Jon Phipps McCalla on 3/18/2022. (rcl)
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Filing 83
Joint MOTION to Extend Deadline for Expert Disclosures (proposed order submitted) by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC. (Berkowitz, Nicole)
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Filing 82
REPLY to Response to Motion re #80 Response in Opposition to Motion filed by All Defendants. (Coffman, Andrew)
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Filing 81
REPLY to Response to Motion re #79 Response in Opposition to Motion, filed by Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC. (Coffman, Andrew)
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Filing 80
RESPONSE in Opposition re #72 MOTION to Dismiss and Transfer /Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Transfer and Dismiss filed by All Plaintiffs. (Berkowitz, Nicole)
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Filing 79
RESPONSE in Opposition re #70 MOTION to Dismiss for Lack of Jurisdiction /Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction filed by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC. (Attachments: #1 Supplement /Ishmael Declaration, #2 Supplement /Ziemianin Declaration)(Berkowitz, Nicole)
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Filing 78
ORDER Granting #77 Joint Motion to Amend Scheduling Order. Signed by Judge Jon Phipps McCalla on 2/4/2022. (rcl)
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Filing 77
Joint MOTION to Amend/Correct #39 Scheduling Order and Incorporated Memorandum - Proposed Order Submitted by All Plaintiffs. (Berkowitz, Nicole)
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Filing 76
STIPULATED ORDER REGARDING THE COLLECTION AND PRODUCTION OF ELECTRONICALLY STORED INFORMATION ("ESI"). Signed by Magistrate Judge Charmiane G. Claxton on 1/14/2022. (rcl)
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Filing 75
Joint MOTION for Entry of Stipulated Order Regarding Collection and Production of Electronicall Stored Information ("ESI") (proposed order submitted) by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC. (Attachments: #1 Exhibit PROPOSED STIPULATED ORDER REGARDING THE COLLECTION AND PRODUCTION OF ELECTRONICALLY STORED INFORMATION)(Berkowitz, Nicole)
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Filing 74
ORDER Denying as Moot #23 Motion to Dismiss for Lack of Jurisdiction; Denying as Moot #27 Defendants' Motion to Transfer and Dismiss. Signed by Magistrate Judge Charmiane G. Claxton on 1/6/2022. (rcl)
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Filing 73
MEMORANDUM in Support re #72 MOTION to Dismiss and Transfer filed by All Defendants. (Coffman, Andrew)
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Filing 72
MOTION to Dismiss and Transfer by All Defendants. (Attachments: #1 Exhibit A - Plaintiffs' Emergency Motion to Continue, #2 Exhibit B - Order Granting Plaintiffs' Emergency Motion to Continue)(Coffman, Andrew)
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Filing 71
MEMORANDUM in Support re #70 MOTION to Dismiss for Lack of Jurisdiction filed by Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC. (Coffman, Andrew)
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Filing 70
MOTION to Dismiss for Lack of Jurisdiction by Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC. (Coffman, Andrew)
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Filing 69
ORDER Granting #68 Joint Motion for Extension of Deadline and to Enter a Briefing Schedule. Signed by Judge Jon Phipps McCalla on 12/30/2021. (rcl)
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Filing 68
Joint MOTION for Extension of Time to File Answer re #66 Amended Complaint,,, and to Enter a Briefing Schedule - PROPOSED ORDER SUBMITTED by All Defendants. (Coffman, Andrew)
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Filing 67
TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. Document #40: Release Date 12/20/2021. (cas)
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Filing 66
AMENDED COMPLAINT /First Amended Complaint and Demand for Jury Trial and Injunctive Relief against All Defendants All Defendants., filed by All Plaintiffs. (Attachments: #1 Exhibit A - Operating Agmt, #2 Exhibit B - Letter, #3 Exhibit C - About Us, #4 Exhibit D - Signage, #5 Exhibit E - Advertisement, #6 Exhibit F - IG Advertisement, #7 Exhibit G - FB Advertisement, #8 Exhibit H - FB Employee Testimonial, #9 Exhibit I - IG Testimonial, #10 Exhibit J - FB Testimonial, #11 Exhibit K - IG Testimonial, #12 Exhibit L - FB Advertisement, #13 Exhibit M - IG Advertisement, #14 Exhibit N - IG Advertisement, #15 Exhibit O - IG Advertisement, #16 Exhibit P - IG Advertisement, #17 Exhibit Q - IG Posts)(Berkowitz, Nicole)
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Filing 65
ORDER Granting #59 Plaintiffs' Motion for Leave to Amend Pleadings and Granting #64 Defendants' Unopposed Motion for Extension of Deadline to File Motion to Dismiss. Signed by Judge Jon Phipps McCalla on 12/9/21. (rcl)
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Filing 64
MOTION to Extend Deadline to File Motions to Dismiss by Buff City New Albany, LLC, Magen Bynum, Hope in Soap Collierville, LLC, Magnolia Soap & Bath Co. of New Albany, LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap and Bath Co. FRCH, LLC, Magnolia Soap and Bath Co. of Jackson, LLC, Vanguard Enterprises, Inc.. (Coffman, Andrew)
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Filing 63
Sealed Document Memorandum of Law in Support of Defendants' Response in Opposition to Motion to Amend (DE 60, 59). (Coffman, Andrew)
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Filing 62
Sealed Document Ex. C to Response in Opposition to Motion to Amend (DE 60). (Coffman, Andrew)
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Filing 61
Sealed Document Ex. B to Response in Opposition to Motion to Amend (DE 60). (Attachments: #1 Memorandum in Support of Motion to Strike (Cause No. 3:20cv55-NBB-RP))(Coffman, Andrew)
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Filing 60
RESPONSE in Opposition re #59 MOTION to Amend/Correct #1 Complaint,,,, (proposed order submitted) filed by All Defendants. (Attachments: #1 Exhibit A - Interrogatory No. 31 Propounded to Plaintiffs (USDC Cause No. 3:20cv55-NBB-RP), #2 Exhibit B - Placeholder (Defendants' Motion to Strike and Memo in Support of Motion to Strike, USDC Cause No. 3:20cv55-NBB-RP), #3 Exhibit C - Placeholder (Plaintiffs' Supplemental Response to Interrogatory No. 31, USDC Cause No. 3:20cv55-NBB-RP))(Coffman, Andrew)
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Filing 59
MOTION to Amend/Correct #1 Complaint,,,, (proposed order submitted) by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit 1 - Proposed Amended Complaint and Exhibits, #3 Exhibit 2- Redline Proposed Amended Complaint, #4 Exhibit 3 - Operating Agreement, #5 Exhibit 4 - Correspondence Between Counsel)(Berkowitz, Nicole)
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Filing 58
ORDER Granting #57 Unopposed Motion for Extension of Time to File Motions to Amend Pleadings and Join Parties. Signed by Judge Jon Phipps McCalla on 11/8/21. (rcl)
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Filing 57
MOTION for Extension of Time to Amend Pleadings and Join Parties (proposed order submitted) by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC. (Berkowitz, Nicole)
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Filing 56
REPLY to Response to Motion re #48 Sealed Response to Motion filed by All Defendants. (Coffman, Andrew)
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Filing 55
REPLY to Response to Motion re #49 Sealed Response to Motion filed by Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC. (Coffman, Andrew)
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Filing 54
ORDER Granting #53 Defendants' Unopposed Motion for Extension of Time. Signed by Judge Jon Phipps McCalla on 10/26/21. (rcl)
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Filing 53
MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss and Transfer, #26 Memorandum in Support of Motion, #30 Memorandum in Support of Motion, #23 MOTION to Dismiss for Lack of Jurisdiction Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 52
ORDER Granting #51 Motion for Leave to Appear Pro Hac Vice of Mark N. Halbert. Signed by Judge Jon Phipps McCalla on 10/15/21. (rcl)
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Filing 51
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3725687) by All Defendants. (Attachments: #1 Exhibit A - Halbert Court Admission, #2 Exhibit B - Certificate of Good Standing MS Supreme Court, #3 Exhibit C - Certificate of Good Standing MS Northern District)(Halbert, Mark)
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Filing 50
ORDER Granting #47 Second Joint Motion to Extend Initial Disclosure Deadline. Signed by Judge Jon Phipps McCalla on 10/14/21. (rcl)
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Filing 49
SEALED RESPONSE to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibit - Ishmael Decl., #2 Exhibit - Ziemianin Decl.)(Berkowitz, Nicole)
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Filing 48
SEALED RESPONSE to Motion re #27 MOTION to Dismiss and Transfer filed by All Plaintiffs. (Berkowitz, Nicole)
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Filing 47
Joint MOTION to Extend Deadline Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 46
ORDER Granting #45 Joint Motion to Extend Initial Disclosure Deadline. Signed by Judge Jon Phipps McCalla on 10/4/21. (rcl)
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Filing 45
Joint MOTION to Extend Deadline Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 44
ORDER Granting #43 Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Motions to Dismiss. Signed by Judge Jon Phipps McCalla on 9/29/21. (rcl)
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Filing 43
MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss and Transfer, #30 Memorandum in Support of Motion - Proposed Order Submitted by All Plaintiffs. (Berkowitz, Nicole)
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Filing 42
PROTECTIVE ORDER Governing the Disclosure and Use of Confidential Materials. Signed by Judge Jon Phipps McCalla on 9/24/21. (Attachments: #1 Exhibit A: Confidentiality Agreement) (rcl)
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Filing 41
Joint MOTION for Protective Order - Proposed Order Submitted by All Plaintiffs. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order)(Berkowitz, Nicole)
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Filing 40
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 9, 2021 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 9/27/2021. Redaction Request due 10/12/2021. Release of Transcript Restriction set for 12/20/2021. (Mayo, Lisa)
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Filing 39
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 9/13/21. (rcl)
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Filing 38
ORDER Granting #35 Motion for Leave to Appear Pro Hac Vice of Oscar M. Orozco-Botello. Signed by Judge Jon Phipps McCalla on 9/10/21. (rcl)
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Filing 37
ORDER Granting #34 Motion for Leave to Appear Pro Hac Vice of Melissa A. Reinckens. Signed by Judge Jon Phipps McCalla on 9/10/21. (rcl)
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Filing 36
ORDER Granting #33 Motion for Leave to Appear Pro Hac Vice of Safraz W. Ishmael. Signed by Judge Jon Phipps McCalla on 9/10/21. (rcl)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number BTNWDC-3698357) by All Plaintiffs. (Attachments: #1 Exhibit A (Court Admissions), #2 Exhibit B (California Certificate), #3 Exhibit C (USDC C.D. Cal. Certificate))(Orozco-Botello, Oscar)
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Filing 34
MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing Fee $150 receipt # ATNWDC3698347 ) by All Plaintiffs. (Attachments: #1 Exhibit A (Court Admissions), #2 Exhibit B (California Certificate), #3 Errata C (USDC S.D. Cal. Certificate))(Reinckens, Melissa) Modified on 9/10/2021 to show receipt for phv fee (jae).
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Filing 33
MOTION for Leave to Appear Pro Hac Vice of Safraz W. Ishmael - proposed order submitted - (Filing fee $ 150 receipt number ATNWDC-3698244) by Buff City Soap Franchising LLC, Buff City Soap Holdings LLC, Buff City Soap LLC. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Certificate of Good Standing MA Supreme Court, #3 Exhibit C- Certificate of Good Standing USDC MA)(Ishmael, Safraz)
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Filing 32
SETTING LETTER: A Jury Trial has been set for Monday, 9/19/2022 at 9:30 AM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. The Proposed Joint Pretrial Order is due by 4:30 PM on 8/31/2022. A Pretrial Conference has been set for Friday, 9/9/2022 at 9:30 AM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. (jrs)
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Filing 31
Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 9/9/2021. Safraz Ismael, Nicole Berkowitz, Zachary Busey, Melissa Reinckens, Oscar Orozco-Botello and Adam Baldridge appeared for the Plaintiff. Mr. Ismael will file a Pro Hac Motion. Andrew Coffman appeared for the defendant along with Mark Halbert, who will file a Pro Hac Motion. The Court briefly reviewed case status with related No. MS case (3:20-cv-00055). This Trade Secret Misappropriation and False Advertising action arises out of Defendants Bynum and BCNAs alleged violations of an Operating Agreement. Proposed schedule reviewed with parties. The Court set dates/deadlines. The Jury Trial is set for Monday, September 19, 2022 at 9:30 AM (CT) before Judge Jon Phipps McCalla. The trial is anticipated to take 7 days. The Proposed Joint Pretrial Order is due by 4:30 PM on August 31, 2021. The Pretrial Conference is set for Friday, September 9, 2022 at 9:30 AM in a courtroom to be determined. A Scheduling Order will be entered. (Court Reporter: Lisa Mayo) (jrs)
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Filing 30
MEMORANDUM in Support re #27 MOTION to Dismiss and Transfer filed by All Defendants. (Coffman, Andrew)
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Filing 29
Sealed Document Ex. B to Declaration of Magen Bynum (DE 27-7) - Hope in Soap Collierville, LLC Process License Agreement. (Coffman, Andrew)
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Filing 28
Sealed Document Ex. A to Declaration of Magen Bynum (DE 27-7)- Vanguard Enterprises, LLC Process License Agreement. (Coffman, Andrew)
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Filing 27
MOTION to Dismiss and Transfer by All Defendants. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Vanguard Complaint, #3 Exhibit C - Verified First Amended Complaint, #4 Exhibit D - Plaintiffs' Reply in Support of Motion for Preliminary Injunction (redacted version), #5 Exhibit E - Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, #6 Exhibit F - Plaintiffs' Memo in Support of Response in Opposition to (Partial) Motion to Dismiss, #7 Exhibit G - Declaration of Magen Bynum)(Coffman, Andrew)
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Filing 26
MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC. (Coffman, Andrew)
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Filing 25
Sealed Document Ex. B to Declaration of Magen Bynum (DE 23-1)- Hope in Soap Collierville, LLC Process License Agreement. (Coffman, Andrew)
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Filing 24
Sealed Document Ex. A to Declaration of Magen Bynum (DE 23-1)- Vanguard Enterprises, LLC Process License Agreement. (Coffman, Andrew)
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction by Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap and Bath Co. of Jackson, LLC. (Attachments: #1 Exhibit A - Declaration of Magen Bynum)(Coffman, Andrew)
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Filing 22
REPORT of Rule 26(f) Planning Meeting . (Berkowitz, Nicole)
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Filing 21
SETTING LETTER: A Telephonic Scheduling Conference has been set for Thursday, 9/9/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
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Filing 20
*TEXT ORDER* GRANTING #19 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME. Defendants shall answer or otherwise respond to Plaintiffs' Complaint by no later than Tuesday, September 7, 2021. Signed by Judge Jon Phipps McCalla on 8/3/2021. (joj)
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Filing 19
MOTION for Extension of Time to File Answer re #1 Complaint,,,, Proposed Order Submitted by All Defendants. (Coffman, Andrew)
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Filing 18
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magnolia Soap & Bath Holding Co., LLC. (Baldridge, Adam)
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Filing 17
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Vanguard Enterprises, Inc.. (Baldridge, Adam)
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Filing 16
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Hope in Soap Collierville, LLC. (Baldridge, Adam)
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Filing 15
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magnolia Soap and Bath Co. FRCH, LLC. (Baldridge, Adam)
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Filing 14
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magnolia Soap and Bath Co. of Jackson, LLC. (Baldridge, Adam)
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Filing 13
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magnolia Soap & Bath Co. of Tupelo, LLC. (Baldridge, Adam)
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Filing 12
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magnolia Soap & Bath Co. of New Albany, LLC. (Baldridge, Adam)
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Filing 11
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magnolia Soap & Bath Co. of Oxford, LLC. (Baldridge, Adam)
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Filing 10
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Buff City New Albany, LLC. (Baldridge, Adam)
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Filing 9
SUMMONS Returned Executed by Buff City Soap Holdings LLC, Buff City Soap Franchising LLC, Buff City Soap LLC as to Magen Bynum.
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Filing 8
NOTICE of Appearance by Zachary B. Busey on behalf of All Plaintiffs (Busey, Zachary)
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Filing 7
NOTICE of Appearance by Nicole D. Berkowitz on behalf of All Plaintiffs (Berkowitz, Nicole)
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Filing 6
Summons Issued as to All Defendants. 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 Bluff City New Albany, #2 Magnolia Soap & Bath Co of Oxford, #3 Magnolia Soap & Bath of New Albany, #4 Magnolia Soap & Bath of Tupelo, #5 Magnolia Soap & Bath of Jackson, #6 Magnolia Soap & Bath co FRCH, #7 Hope in Soap Collierville, #8 Vanguard Enterprises, #9 Magnolia Soap & Bath Holding Co)(jae)
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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 (jae)
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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 (jae)
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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 (jae)
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Filing 2
Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (jae)
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Filing 1
COMPLAINT and Demand for Jury Trial and Injunctive Relief against All Defendants (Filing fee $ 402 receipt number ATNWDC-3650661), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons to Magen Bynum, #3 Summons to Buff City New Albany, LLC, #4 Summons to Magnolia Soap & Bath Co. of Oxford, LLC, #5 Summons to Magnolia Soap & Bath Co. of New Albany, LLC, #6 Summons to Magnolia Soap & Bath Co. of Tupelo, LLC, #7 Summons to Magnolia Soap and Bath Co. of Jackson, LLC, #8 Summons to Magnolia Soap and Bath Co. FRCH, LLC, #9 Summons to Hope in Soap Collierville, LLC, #10 Summons to Vanguard Enterprises, Inc., #11 Summons to Magnolia Soap & Bath Holding Co., LLC, #12 Exhibit A - Operating Agreement, #13 Exhibit B - August 8, 2018 letter, #14 Exhibit C - About Us, #15 Exhibit D - Signage, #16 Exhibit E - FB Advertisement, #17 Exhibit F - IG Advertisement, #18 Exhibit G - FB Advertisement, #19 Exhibit H - Employee Testimonial, #20 Exhibit I - IG Testimonial, #21 Exhibit J - FB Testimonial, #22 Exhibit K - IG Testimonial, #23 Exhibit L - FB Advertisement, #24 Exhibit M - IG Advertisement, #25 Exhibit N - IG Posts)(Baldridge, Adam)
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