AdvantaClean Systems LLC v. Edmondson Enterprises LLC et al
| AdvantaClean Systems LLC |
| Edmondson Enterprises LLC and James Edmondson |
| 3:2023cv01654 |
| July 26, 2023 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Contract: Franchise |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 RESPONSE filed by AdvantaClean Systems LLC re: #12 MOTION to Dismiss for Lack of Jurisdiction to Compel Arbitration and Stay (Sciremammano, Frank) |
| Filing 29 Appendix in Support filed by James Edmondson, Edmondson Enterprises LLC re #28 Response/Objection to Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Declaration(s) of James Edmondson, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Exhibit(s) A-5, #7 Exhibit(s) A-6, #8 Exhibit(s) A-7, #9 Exhibit(s) A-8, #10 Exhibit(s) A-9, #11 Exhibit(s) A-10, #12 Exhibit(s) Maaco v. Ghirimoldi) (Patel, Himanshu) |
| Filing 28 RESPONSE filed by James Edmondson, Edmondson Enterprises LLC re: #9 MOTION for Injunction (Patel, Himanshu) |
Filing 27
Order Referring #9 Plaintiff's Motion for Preliminary Injunction to Magistrate Judge David L. Horan for findings and recommendation. (Ordered by Judge Sam A. Lindsay on 9/13/2023) (chmb)
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Filing 26
ORDER granting in part and denying in part #15 Motion to Extend Time to File Response. Defendants' Response to Plaintiff's Motion for Preliminary Injunction due by 5:00 p.m., 9/15/2023. Further, as the court determines that it has subject matter jurisdiction over this action notwithstanding Defendants' contentions regarding an agreement to arbitrate, the court denies #12 Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction on this ground. This ruling does not affect the referral to the magistrate judge of the remaining issues in that #12 motion, including whether arbitration should be compelled and whether this action should be stayed. Because it appears that Defendants contend that arbitrability, including the arbitrability of the injunctive relief sought by Plaintiff, should be decided by the arbitrator, the court will refer Plaintiff's Motion for Preliminary Injunction to the magistrate judge for findings and recommendation to avoid inconsistent rulings and duplication of effort. (Ordered by Judge Sam A. Lindsay on 9/13/2023) (chmb)
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Filing 25
ELECTRONIC ORDER granting #24 Application for Admission Pro Hac Vice of Frank J. Sciremammano. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/13/2023) (chmb)
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| Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Frank J. Sciremammano (Filing fee $100; Receipt number ATXNDC-14023142) filed by AdvantaClean Systems LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order of Admission for Frank J. Sciremammano) (Garcia, Samuel) (Main Document 24 replaced on 9/11/2023) (axm). |
| Filing 23 REPLY filed by James Edmondson, Edmondson Enterprises LLC re: #15 MOTION for Extension of Time to File Response/Reply to #9 MOTION for Injunction (Beda, Jacky) |
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Filing 22
ELECTRONIC ORDER granting #18 Application for Admission Pro Hac Vice of Robert M. Einhorn. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/8/2023) (chmb)
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Filing 21
ELECTRONIC ORDER granting #17 Application for Admission Pro Hac Vice of Jacky Beda. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/8/2023) (chmb)
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Filing 20
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Himanshu M. Patel. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 9/8/2023) (chmb)
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| Filing 19 RESPONSE in Opposition filed by AdvantaClean Systems LLC re: #15 MOTION for Extension of Time to File Response/Reply to #9 MOTION for Injunction (Garcia, Samuel) Modified text on 9/11/2023 (agc). |
| Filing 18 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14016482) filed by James Edmondson, Edmondson Enterprises LLC (Attachments: #1 Proposed Order) (Beda, Jacky) |
| Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14016444) filed by James Edmondson, Edmondson Enterprises LLC (Attachments: #1 Proposed Order) (Einhorn, Robert) |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14016362) filed by James Edmondson, Edmondson Enterprises LLC (Attachments: #1 Proposed Order) (Patel, Himanshu) |
| Filing 15 MOTION for Extension of Time to File Response/Reply to #9 MOTION for Injunction filed by James Edmondson, Edmondson Enterprises LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sarles, Gary) |
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Filing 14
Order Referring Motion re: #12 MOTION to Dismiss for Lack of Jurisdiction to Compel Arbitration and Stay Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Sam A. Lindsay on 9/1/2023) (ndt)
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| Filing 13 Brief/Memorandum in Support filed by James Edmondson, Edmondson Enterprises LLC re #12 MOTION to Dismiss for Lack of Jurisdiction to Compel Arbitration and Stay (Sarles, Gary) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction to Compel Arbitration and Stay filed by James Edmondson, Edmondson Enterprises LLC (Attachments: #1 Proposed Order)Attorney Gary D Sarles added to party James Edmondson(pty:dft), Attorney Gary D Sarles added to party Edmondson Enterprises LLC (pty:dft) (Sarles, Gary) |
| Filing 11 CERTIFICATE OF SERVICE by AdvantaClean Systems LLC re #9 MOTION for Injunction (Garcia, Samuel) |
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Filing 10
ORDER: Before the court is Plaintiff AdvantaClean Systems, LLC's ("Plaintiff") Motion for Preliminary Injunction ("Motion") (Doc. #9 ), filed on 8/22/2023. Plaintiff is directed to effect service of the Motion and a copy of this order on Defendants. Once the Motion has been served on Defendants, they shall have 21 days to respond. (Ordered by Judge Sam A. Lindsay on 8/22/2023) (oyh)
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| Filing 9 MOTION for Injunction filed by AdvantaClean Systems LLC with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Steven Willis, #2 Exhibit(s) Appendix, #3 Proposed Order Granting Motion for Preliminary Injunction) (Garcia, Samuel) |
| Filing 8 SUMMONS Returned Executed as to James Edmondson, Edmondson Enterprises LLC ; served on 8/4/2023. (Garcia, Samuel) Modified docket text on 8/23/2023 (mms). |
| Filing 7 Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam A. Lindsay for all further proceedings. Future filings should indicate the case number as: 3:23-cv-1654-G. (axm) |
| Filing 6 Certificate Regarding Judge-Specific Requirements. (Garcia, Samuel) |
| Filing 5 Summons Issued as to James Edmondson, Edmondson Enterprises LLC. (oyh) |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AdvantaClean Systems, LLC. (Clerk QC note: No affiliate entered in ECF). (Garcia, Samuel) |
| Filing 2 ADDITIONAL ATTACHMENTS (civil cover sheet) to #1 Complaint, by Plaintiff AdvantaClean Systems, LLC. (Attachments: #1 Cover Sheet) (Garcia, Samuel) Modified docket text on 7/26/2023 (oyh). |
| Filing 1 COMPLAINT against AdvantaClean Systems, LLC filed by AdvantaClean Systems, LLC. (Filing fee $402; Receipt number ATXNDC-13911911) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H) (Garcia, Samuel) |
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