AFC Franchising, LLC et al v. Fairfax Family Practice, Inc. et al
| AFC Franchising, LLC and Irwin Holdings, LLC |
| Ahmad Fazal Nusrat and Fairfax Family Practice, Inc. |
| 1:2018cv01356 |
| October 31, 2018 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Ivan D Davis |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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| Notice of Correction re #32 MOTION to Dismiss for Failure to State a Claim The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (clar, ) |
| Filing 34 ANSWER to #1 Complaint, , COUNTERCLAIM against AFC Franchising, LLC by Ahmad Fazal Nusrat, Fairfax Family Practice, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Powers, Robert) |
| Filing 33 Memorandum in Support re #32 MOTION to Dismiss for Failure to State a Claim filed by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. (Powers, Robert) |
| Filing 32 MOTION to Dismiss for Failure to State a Claim by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. (Attachments: #1 Proposed Order)(Powers, Robert) |
Filing 31
ORDER granting #29 Motion for Extension of Time to File. Defendant shall answer, plead, or otherwise respond to Plaintiffs' Complaint, on or before 12/21/2018, by 11:59 p.m. EST. Signed by District Judge Leonie M. Brinkema on 12/14/2018. (rban, )
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| Filing 30 Waiver of re #29 Emergency MOTION for Extension to File Responsive Pleadings (Consented) Oral Argument by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat (Harris, Andrea) |
| Filing 29 Emergency MOTION for Extension to File Responsive Pleadings (Consented) by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. (Attachments: #1 Proposed Order)(Harris, Andrea) |
| Filing 28 AFFIDAVIT re #23 Preliminary Injunction,,,,,,,,,,,, #27 Order on Motion for Extension of Time to Answer,, OF DR. AHMAD NUSRAT IN RESPONSE TO CONSENT PRELIMINARY INJUNCTION by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. (Hernandez, Veronica) |
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Filing 27
ORDER: UPON CONSIDERATION WHEREOF, and the entire record herein, and for good cause shown, it is hereby ORDERED and ADJUDGED: the Motion is GRANTED.IT IS FURTHER ORDERED that Defendants must file one or more affidavits, as required by this Court's Order entered on November 15,2018 [DE 23], on or before Wednesday, November 28,2018, by 11:59 p.m. EST. IT IS FURTHER ORDERED that Defendants shall answer, plead, or otherwise respond to Plaintiffs' Complaint, on or before Monday, December 17,2018, by 11:59 p.m. EST.. Signed by District Judge Leonie M. Brinkema on 11/20/18. (yguy)
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| Filing 26 Waiver of re #25 Consent MOTION for Extension of Time to File Answer re #23 Preliminary Injunction,,,,,,,,,,,, by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat (Harris, Andrea) |
| Filing 25 Consent MOTION for Extension of Time to File Answer re #23 Preliminary Injunction,,,,,,,,,,,, by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. (Attachments: #1 Proposed Order Proposed Order Consent Motion for Extension)(Harris, Andrea) |
| Filing 24 NOTICE of Appearance by Veronica Beatriz Hernandez on behalf of Fairfax Family Practice, Inc., Ahmad Fazal Nusrat (Hernandez, Veronica) |
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Filing 23
CONSENT PRELIMINARY INJUNCTION: Accordingly, Pursuant to Fed. R. Civ. P. 65, IT IS HEREBY ORDERED: 1. The Defendants, and all those acting in concert or privity with them, including any of their agents, servants, and employees, are enjoined from using or displaying the following federally registered trademarks, or any confusingly similar non-literary, design elements,identified in Plaintiffs' Complaint [DE 1,19] in connection with the operation of any business: USPTO Trademark Reg. Numbers 4,490,730; 5,476,580; 5,315,442; 5,315,440; 5,240,938;5,195,152; 5,175, 667; and 5,170,540 ("Mark(s)"). 2. The Defendants shall, within ten (10) calendar days of the entry of this Orderreturn to AFC any copies of the Confidential Operations Manual, if any are in their possession,including any updates and confidential information, as set forth in section 6(1) of the Franchise Agreement, received from AFC or its predecessors in interest, relating to the operation of an AFC URGENT CARE center in their possession, or submit an affidavit in accordance withparagraph 6 of this Order that they are not in possession of any such materials. 3. If Plaintiffs become aware that the Defendants or anyone enjoined by this Order are using a Mark they are enjoined from using, the Plaintiffs shall provide notice to the Defendants through their counsel and provide an opportunity to cure of not less than five (5)business days from receipt. Such notice and opportunity to cure may be sent to the Defendants*counsel in this action via email, with receipt confirmed, hand delivery, or overnight courier, and such delivery will be considered good and sufficient.4. All issues not addressed by this Consent Preliminary Injunction are considered withdrawn from the Motion, without prejudice, including without limitation the issue of the propriety of the Defendants' use of the mark "A2Z" and formative marks related thereto. Nothing in this Order precludes the Defendants from using the mark "A2Z" and formative marks related thereto or precludes the Plaintiffs from continuing to object to that use. Nothing in thisOrder shall constitute an admission of any facts by Defendants in this matter, including, inter alia^ in connection with Plaintiffs' Complaint or Motion. Further, nothing in this Order shall constitute a waiver of any available defenses or rights to Defendants, including, inter alia, the right to contest the validity of any of Plaintiffs' Marks or facts asserted in Plaintiffs' Complaint or Motion. 5. This Consent Preliminary Injunction shall take effect immediately on entry and shall remain in full force and effect until the entry of Final Judgment in this action. 6. The Defendants shall file with the Court one or more affidavits within ten (10) calendar days of the date of this Preliminary Injunction is entered by this Court setting forth in detail the Defendants' compliance with this Consent Preliminary Injunction. 7. No bond is required in view of the parties' consent to the entry of this ConsentPreliminary Injunction.(see order for details). Signed by District Judge Leonie M. Brinkema on 11/15/18. (yguy)
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| Filing 22 Waiver of re #5 MOTION for Temporary Restraining Order Waiver of Oral Argument by AFC Franchising, LLC, Irwin Holdings, LLC (Attachments: #1 Proposed Order Consent Order for Preliminary Injunction)(Rubinger, James) |
| Filing 21 NOTICE by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat re #18 Order on Motion to Continue,, (Joint) (Powers, Robert) |
| Filing 20 NOTICE of Appearance by Andrea Clair Harris on behalf of Fairfax Family Practice, Inc. (Harris, Andrea) |
| Filing 19 Financial Interest Disclosure Statement (Local Rule 7.1) by Fairfax Family Practice, Inc.. (Powers, Robert) |
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Filing 18
ORDER granting #16 Motion to Continue. ORDERED that the hearing date for Plaintiffs' Motion for a Temporary Restraining Order and a Preliminary Injunction [DE 5] is reset from Friday, November 9,2018 at 10:00 a.m. [DE 8] to Friday, November 16, 2018 at 10:00 a.m., or as soon thereafter as counsel may be heard. ORDERED that Defendants shall file their Memorandum of Law in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and a Preliminary Injunction on or before on Tuesday, November 13, 2018, by 11:59 p.m. EST and Plaintiffs shall file their Reply thereto on or before Thursday, November 15, 2018, by 11:59 a.m. EST. Signed by District Judge Leonie M. Brinkema on 11/8/18. (klau, )
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| Filing 17 Waiver of re #16 Emergency MOTION to Continue (Joint) Oral Argument (Joint) by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat (Powers, Robert) |
| Filing 16 Emergency MOTION to Continue (Joint) by Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. (Attachments: #1 Proposed Order)(Powers, Robert) |
| Filing 15 NOTICE of Appearance by Robert Franklin Powers on behalf of Fairfax Family Practice, Inc., Ahmad Fazal Nusrat (Powers, Robert) |
| Reset Deadlines as to #5 MOTION for Temporary Restraining Order . Motion Hearing set for 11/16/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (Per LMB chambers) (clar, ) |
| Filing 14 NOTICE re Summons Returned Executed as to Ahmad Fazal Nusrat by AFC Franchising, LLC, Irwin Holdings, LLC re #1 Complaint, #4 Summons Issued, Return of Service of Process (Rubinger, James) Modified on 11/8/2018 Served on 11/5/18, answer due 11/26/18(klau, ). |
| Filing 13 CERTIFICATE of Service re #8 Order, by James C. Rubinger on behalf of AFC Franchising, LLC, Irwin Holdings, LLC (Rubinger, James) |
| Filing 12 CERTIFICATE of Service re #11 NOTICE, by James C. Rubinger on behalf of AFC Franchising, LLC, Irwin Holdings, LLC (Rubinger, James) |
| Filing 11 NOTICE by AFC Franchising, LLC, Irwin Holdings, LLC re #5 MOTION for Temporary Restraining Order (Attachments: #1 Affidavit Declaration of Anna M. Philpot, #2 Exhibit Ex 7 Picture of Defendants' sign 11.1.18)(Rubinger, James) |
| Filing 10 NOTICE by AFC Franchising, LLC, Irwin Holdings, LLC re Notice of Correction, #5 MOTION for Temporary Restraining Order (Attachments: #1 Certificate of Service)(Rubinger, James) |
| Filing 9 Memorandum in Support re #5 MOTION for Temporary Restraining Order Corrected filed by AFC Franchising, LLC, Irwin Holdings, LLC. (Rubinger, James) |
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Filing 8
ORDER re #5 MOTION for Temporary Restraining Order ORDERED that plaintiffs' Motion be and is noticed for oral argument on Friday, November 9, 2018 at 10:00 a.m.. Signed by District Judge Leonie M. Brinkema on 11/2/18. (klau, )
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| Set Deadlines as to #5 MOTION for Temporary Restraining Order . Motion Hearing set for 11/9/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, ) |
| Notice of Correction re #7 Certificate of Service, The signature block on the document does not match the user's login. The filing user has been notified and has been asked to refile the document. (klau, ) |
| Notice of Correction re #6 Memorandum in Support, An incomplete document was filed. The filing user has been notified to refile the document. (klau, ) |
| Filing 7 CERTIFICATE of Service re #6 Memorandum in Support, #5 MOTION for Temporary Restraining Order by James C. Rubinger on behalf of AFC Franchising, LLC, Irwin Holdings, LLC (Rubinger, James) |
| Filing 6 Memorandum in Support re #5 MOTION for Temporary Restraining Order filed by AFC Franchising, LLC, Irwin Holdings, LLC. (Rubinger, James) |
| Filing 5 MOTION for Temporary Restraining Order by AFC Franchising, LLC, Irwin Holdings, LLC. (Attachments: #1 Affidavit Declaration of Randy Johansen, #2 Affidavit Declaration of Stacy Johnson, #3 Exhibit Ex. 5 AFC Red Bandage Logo Registration, #4 Exhibit Ex. 6 Picture of defendants' sign, #5 Proposed Order Proposed TRO, #6 Proposed Order Proposed PI)(Rubinger, James) |
| Filing 4 Summons Issued for service by SPS as to Fairfax Family Practice, Inc., Ahmad Fazal Nusrat. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(klau, ) |
| Filing 3 Report on the filing or determination of an action regarding patent and/or trademark(s) 4490730, 5476580, 5315442, 5315440, 5240938, 5195152, 5175667, 5170540.. (klau, ) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by AFC Franchising, LLC, Irwin Holdings, LLC. (klau, ) |
| Filing 1 COMPLAINT against Fairfax Family Practice, Inc., Ahmad Fazal Nusrat ( Filing fee $ 400, receipt number 0422-6343950.), filed by AFC Franchising, LLC, Irwin Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(klau, ) |
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