Baird et al v. Osteostrong Franchising, LLC. et al
| John P. Baird, Bret Kurihara, OS New Mexico, LLC, BNS RD LLC, Sean Simpson, Charla Simpson, Mary Jo McHenry and K&L Wellness, LLC |
| Osteostrong Franchising, LLC and Kyle Zagrodzky |
| 4:2022cv00843 |
| March 16, 2022 |
| US District Court for the Southern District of Texas |
| David Hittner |
| Contract: Franchise |
| 15 U.S.C. § 0052 Federal Trade Commission Act |
| None |
Docket Report
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Filing 26
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/2/2022 at 10:30 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(JacquelineMata, 4)
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| Filing 25 Case transferred in from California Eastern. Case Number 2:20-cv-02010; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 24
ORDER signed by District Judge Troy L. Nunley on 3/8/2022 GRANTING Defendants' Motion to Transfer Venue and DENYING as moot Defendants' #16 Motion to Dismiss. The Court hereby TRANSFERS the instant action as it pertains to Baird, Kurihara, McHenry, Sean Simpson, Charla Simpson, OS New Mexico, and BNS RD to the U.S. District Court for the Southern District of Texas. As previously mentioned, K&L is ORDERED to show cause within fourteen (14) days of the electronic filing date of this Order why this action should not be transferred to the Southern District of Texas. (Mena-Sanchez, L)
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| Filing 23 NOTICE of APPEARANCE by Candice S. Nam on behalf of Osteostrong Franchising, LLC., Kyle Zagrodzky. Attorney Nam, Candice S. added. (Nam, Candice) |
| Filing 22 NOTICE of Withdrawal of Counsel for Emerson H. Kim by Osteostrong Franchising, LLC., Kyle Zagrodzky. (Kim, Emerson) |
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Filing 21
ORDER signed by District Judge Troy L. Nunley on 5/3/21 DENYING #4 Motion for Preliminary Injunction. (Kaminski, H)
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| Filing 20 REPLY by Osteostrong Franchising, LLC., Kyle Zagrodzky re #16 Motion to Dismiss. (Kim, Emerson) |
| Filing 19 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/24/2021: On the Court's own motion, Defendants' Motion to Dismiss (ECF No. #16 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 3/4/2021 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendants may still file a reply brief in accordance with Local Rule 230(d) and the 3/4/2021 date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 18 OPPOSITION by BNS RD, LLC., John P. Baird, K&L Wellness, LLC, Bret Kurihara, Mary Jo McHenry, OS New Mexico, LLC, Charla Simpson, Sean Simpson to #16 Motion to Dismiss. (Power, Stacie) |
| Filing 17 (DISREGARD, Attorney to Re-file) OPPOSITION by BNS RD, LLC., John P. Baird, K&L Wellness, LLC, Bret Kurihara, Mary Jo McHenry, OS New Mexico, LLC, Charla Simpson, Sean Simpson to #16 Motion to Dismiss,. (Power, Stacie) Modified on 2/22/2021 (Kastilahn, A). |
| Filing 16 MOTION to DISMISS by Osteostrong Franchising, LLC., Kyle Zagrodzky. Motion Hearing set for 3/4/2021 at 02:00 PM in cvbSACR Sacramento before District Judge Troy L. Nunley. (Attachments: #1 Memorandum, #2 Declaration of Emerson H. Kim, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Proposed Order)(Kim, Emerson) Modified on 1/29/2021 (Becknal, R). |
| Filing 15 STIPULATION for 28 DAY EXTENSION OF TIME to Respond to #1 Complaint by Osteostrong Franchising, LLC., Kyle Zagrodzky. (Kim, Emerson) Modified on 12/28/2020 (Coll, A). |
| Filing 14 RESPONSE by Plaintiffs to #13 Objections. (Attachments: #1 Declaration)(Power, Stacie) Modified on 12/22/2020 (Mena-Sanchez, L). |
| Filing 13 OBJECTIONS by Defendants Osteostrong Franchising, LLC., Kyle Zagrodzky to #4 Motion for Preliminary Injunction. (Kim, Emerson) |
| Filing 12 REPLY by BNS RD, LLC. et al to RESPONSE to #4 Motion for Preliminary Injunction. (Power, Stacie) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Defendants Osteostrong Franchising, LLC., Kyle Zagrodzky. (Davis, Calvin) |
| Filing 10 NOTICE of APPEARANCE by Calvin E. Davis on behalf of Osteostrong Franchising, LLC.. Attorney Davis, Calvin E. added. (Davis, Calvin) |
| Filing 9 OPPOSITION by Osteostrong Franchising, LLC., Kyle Zagrodzky to #4 Motion for Preliminary Injunction,. Attorney Kim, Emerson Hwan added. (Attachments: #1 Declaration of Kyle Zagrodzky, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Declaration of Emerson H. Kim, #17 Exhibit A)(Kim, Emerson) |
| Filing 8 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 12/2/2020: On the Court's own motion, Plaintiffs' Motion for Preliminary Injunction (ECF No. #4 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 12/17/2020 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Briefing shall be filed in accordance with Local Rule 230(c)-(d) and the 12/17/2020 date. (Text Only Entry) (Krueger, M) |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Osteostrong Franchising, LLC. on 11/4/2020, Answer due 1/4/2021 (Power, Stacie) |
| Filing 6 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Kyle Zagrodzky on 11/4/2020, Answer due 1/4/2021 (Power, Stacie) |
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Filing 5
ORDER signed by District Judge Troy L. Nunley on 11/5/2020 DENYING #4 Motion for TRO and instead CONSTRUING it as a Motion for a Preliminary Injunction; DIRECTING plaintiffs to serve Defendants with a copy of this Order within 3 days and submit proof of service to the court; and SCHEDUING a Motion Hearing for 12/17/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley with any opposition or statement of non-opposition due 14 days before the hearing date with any reply due 7 days before that date. (Coll, A)
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| Filing 4 MOTION for TEMPORARY RESTRAINING ORDER (Construed as a Motion for Preliminary Injunction per Order (ECF No. #5 ) by all Plaintiffs. Motion Hearing RESET for 12/17/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 1 A-D, #7 Declaration of Linda Burbank)(Power, Stacie) Modified on 11/4/2020 (Krueger, M). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *John Jaquish, Osteostrong Franchising, LLC., Kyle Zagrodzky* with answer to complaint due within *21* days. Attorney *Stacie L. Power* *Power Law, PC* *1058 Mangrove Ave., Suite C* *Chico, CA 95926*. (Benson, A.) |
| Filing 1 COMPLAINT against All Defendants by All Plaintiffs. (Filing fee $ 400, receipt number 0972-9167028) (Attachments: #1 Civil Cover Sheet)(Power, Stacie) |
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