Thryv, Inc. v. Shanks et al
Plaintiff: Thryv, Inc.
Defendant: Upswell, LLC, Mark Shank and Mark Shanks
Case Number: 4:2021cv00812
Filed: July 2, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: Mark Pittman
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2021 Filing 12 Appendix in Support filed by UpSwell, LLC re #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC (Barger, Heather)
August 13, 2021 Filing 11 Brief/Memorandum in Support filed by UpSwell, LLC re #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC (Barger, Heather)
August 13, 2021 Filing 10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC filed by UpSwell, LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Barger, Heather)
July 29, 2021 Opinion or Order Filing 9 JOINT STIPULATION... The deadline for Defendants to answer Plaintiff's Amended Complaint (ECF No. #5 ) and file any Rule 12(b)(2)-(5) motions is extended to August 13, 2021. The deadline for Defendants to respond to Plaintiff's requested injunctive relief (ECF No. #7 ) be rescheduled and the hearing on July 29, 202l be reset for some time after the Court has decided the forthcoming jurisdictional challenges. (Ordered by Judge Mark Pittman on 7/29/2021) (wxc) Modified on 7/29/2021 (chmb).
July 29, 2021 Filing 8 Joint STIPULATION by Thryv, Inc.. (Francis, Dwight)
July 27, 2021 Filing 7 MOTION for Injunction (Preliminary and Mandatory) filed by Thryv, Inc. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Francis, Dwight)
July 26, 2021 Opinion or Order Filing 6 ORDER...Plaintiff has filed no motion seeking injunctive relief. In order to more efficiently resolve the issues presented, the Court ORDERS Plaintiff to file a motion addressing the injunctive relief it seeks on or before July 27, 2021. The Court further ORDERS Defendants to respond on or before 12:00 p.m. July 29, 2021. The Court sets this matter for hearing on July 29, 2021, at 1:30 p.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. All parties and their counsel are ORDERED to attend. (Ordered by Judge Mark Pittman on 7/26/2021) (wxc)
July 16, 2021 Filing 5 AMENDED COMPLAINT and Application for Preliminary Injunction, Mandatory Injunction and Permanent Injunction against All Defendants filed by Thryv, Inc.. 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) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Francis, Dwight)
July 16, 2021 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Thryv, Inc.. (Francis, Dwight)
July 2, 2021 Filing 3 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tln)
July 2, 2021 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mark Shanks. (McAllister, Greg) Modified filer name on 7/6/2021 (pef).
July 2, 2021 Filing 1 NOTICE OF REMOVAL filed by Mark Shanks. (Filing fee $402; receipt number 0539-12023240) 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 and Instructions 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) Appendix in Support of Notice of Removal) (McAllister, Greg) Modified filer name on 7/6/2021 (pef).

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Defendant: Upswell, LLC
Represented By: Heather Coghlan Barger
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Defendant: Mark Shank
Represented By: Greg Patrick McAllister
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Defendant: Mark Shanks
Represented By: Greg Patrick McAllister
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Plaintiff: Thryv, Inc.
Represented By: Dwight M Francis
Represented By: Aimee Cook Oleson
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