Operation OCR, LLC, et al v. Passfaro et al
Plaintiff: Timothy J Guinan, Operation OCR, LLC, Timothy J. Guinan and Operation OCR, LLC doing business as Otherworld Fitness
Defendant: Kathleen Passfaro, Passafaro Nova Ninja, LLC and Passafaro Nova Ninja, LLC doing business as Nova Ninja Ashburn doing business as Nova Ninja
Case Number: 1:2021cv00850
Filed: July 21, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Leonie M Brinkema
Referring Judge: Theresa Carroll Buchanan
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 Opinion or Order Filing 24 ORDER: For the reasons stated in open court, plaintiffs' Motion for Preliminary Injunction [Dkt. No. 2] is GRANTED IN PART; and it is herebyORDERED that no later than Wednesday Sept. 22, 2021, defendants provide plaintiffs with documentation showing the total amount of transportation and rental fees defendants have incurred in renting the Zippy Shell container at issue. Unless plaintiffs object to the amount claimed, they must pay that amount to defendants within sufficient time to avoid any additional rental fees occurring. Once plaintiffs have paid the Zippy Shell fees, defendants must immediately provide plaintiffs with full access to the shell's contents and plaintiffs must either arrange, at plaintiffs expense, to have the shell removed to another location, or remove the shell's contents to enable defendants to return the shell at defendants' expense without incurring any additional rental fees.Signed by District Judge Leonie M. Brinkema on 9/14/21. (yguy)
September 14, 2021 Filing 23 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 9/14/2021. Appearances of counsel. Court advised of settlement efforts #2 MOTION for Preliminary Injunction is argued and GRANTED IN PART. Pltfs exh #1 photo, #2 photo and defts exh #1 email are made part of the record. (order to follow) (Attachments: #1 Pltf Exh #1, #2 Pltf Exh #2, #3 Deft Exh #1) (Court Reporter A. Thomson.)(yguy)
September 11, 2021 Notice of Correction re #21 First MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction. Unfortunately, document number #21 was filed without a Notice of Hearing Date that sets the motion for a Friday docket. Your motion will not be ruled on until you have filed a Notice of Hearing Date setting the motion for an appropriate Friday docket or all parties concerned have filed a Notice of Waiver of oral Argument. (choy, )
September 11, 2021 Filing 22 Memorandum in Support re #21 First MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction filed by Passafaro Nova Ninja, LLC, Kathleen Passfaro. (Attachments: #1 Exhibit Exhibits 1-4)(Heidt, Alex)
September 11, 2021 Filing 21 First MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction by Passafaro Nova Ninja, LLC, Kathleen Passfaro. (Heidt, Alex)
September 9, 2021 Filing 20 AFFIDAVIT of Service for Summons and Complaint on Nova Ninja LLC, d/b/a NOVA Ninja Ashburn served on Resident Agent, Kathleen Passafaro on 8/23/2021, filed by Timothy J. Guinan, Operation OCR, LLC. (Williamson, Andrew)
September 9, 2021 Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Kathleen Passafaro on 8/23/2021, filed by Timothy J. Guinan, Operation OCR, LLC. (Williamson, Andrew)
September 8, 2021 Opinion or Order Filing 18 ORDERED that a hearing be and is scheduled for Tuesday September 14 at 10 a.m. in Courtroom 700. Signed by District Judge Leonie M. Brinkema on 09/08/2021. (choy, )
September 8, 2021 Set Hearing as to #2 MOTION for Preliminary Injunction . Motion Hearing set for 9/14/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (choy, )
September 7, 2021 Opinion or Order Filing 17 ORDERED to notify the Court of a mutually agreeable time on Monday September 13 or Tuesday September 14 to complete argument before the Court on plaintiffs' Motion for Preliminary Injunction. Signed by District Judge Leonie M. Brinkema on 09/07/2021. (choy, )(c/s on 09/07/2021)
September 2, 2021 Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan:Settlement Conference held on 9/2/2021. Appearances of counsel via telephone. Case did not settle. (per TCB chambers) (tfitz, )
August 16, 2021 Set/Reset Hearings: Settlement Conference set for 9/2/2021 at 01:00 PM in Alexandria Telephonically before Magistrate Judge Theresa Carroll Buchanan. (per TCB chambers) (tfitz, )
August 13, 2021 Opinion or Order Filing 16 ORDER: For the reasons stated in open court, plaintiffs' Motion for Preliminary Injunction [Dkt. No. 2] is HELD IN ABEYANCE; and it is hereby ORDERED that the parties schedule a settlement conference with Judge Buchanan in which the parties must be present; and it is further ORDERED that the parties notify the Court by close of business Monday, August 16 of the time and date of this conference. Signed by District Judge Leonie M. Brinkema on 8/13/21. (yguy)
August 13, 2021 Filing 15 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 8/13/2021. Appearances of counsel. Court advised of case status. Deft prepared to waive service. Counsel is ordered to schedule settlement conference with magistrate judge & advise the Court of the date. Motion will be held open. Pltf's #2 MOTION for Preliminary Injunction is HELD IN ABEYANCE. (Court Reporter A. Thomson.)(yguy)
August 12, 2021 Filing 14 Summons Issued for service by SPS as to Passafaro Nova Ninja, LLC, Kathleen Passfaro. 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, )
August 11, 2021 Filing 13 Reply to #9 Memorandum in Opposition to Motion for Preliminary Injunction filed by Timothy J. Guinan, Operation OCR, LLC. (Attachments: #1 Exhibit A)(Williamson, Andrew)
August 11, 2021 Opinion or Order Filing 12 ORDER that the hearing on plaintiffs' Motion for Preliminary Injunction [Dkt. No. 2] be and is rescheduled to 9:00 a.m. on Friday August 13, 2021 in courtroom 700. Signed by District Judge Leonie M. Brinkema on 8/11/21. (klau, )
August 11, 2021 Filing 11 Proposed Summons re #1 Complaint, Request for Issuance of Summons for Passafaro NOVA Ninja, LLC by Timothy J. Guinan, Operation OCR, LLC. (Williamson, Andrew)
August 11, 2021 Filing 10 Proposed Summons re #1 Complaint, Request for Issuance of Summons for Casey Passafaro by Timothy J. Guinan, Operation OCR, LLC. (Williamson, Andrew)
August 11, 2021 Reset Deadlines as to #2 MOTION for Preliminary Injunction . Motion Hearing set for 8/13/2021 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, )
August 10, 2021 Filing 9 Memorandum in Opposition re #2 MOTION for Preliminary Injunction filed by Passafaro Nova Ninja, LLC, Kathleen Passfaro. (Attachments: #1 Exhibit Exhibits 1 and 2)(Heidt, Alex)
August 10, 2021 Filing 8 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Passafaro Nova Ninja, LLC, Kathleen Passfaro. (Heidt, Alex)
July 30, 2021 Opinion or Order Filing 7 ORDER granting #6 Motion to Continue. ORDERED that the hearing on plaintiffs' Motion for a Preliminary Injunction which is currently set for August 3, 2021 be and is CONTINUED to August 13,2021 at 9:30AM. Signed by District Judge Leonie M. Brinkema on 7/30/21. (klau, )
July 30, 2021 Filing 6 First MOTION to Continue Preliminary Injunction Hearing Set for August 3, 2021 by Passafaro Nova Ninja, LLC, Kathleen Passfaro. (Attachments: #1 Exhibit Defendants Affidavit)(Heidt, Alex)
July 30, 2021 Filing 5 NOTICE of Appearance by Alex Robert Heidt on behalf of Passafaro Nova Ninja, LLC, Kathleen Passfaro (Heidt, Alex)
July 30, 2021 Reset Deadlines as to #2 MOTION for Preliminary Injunction . Motion Hearing set for 8/13/2021 at 09:30 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, )
July 27, 2021 Set Deadlines as to #2 MOTION for Preliminary Injunction . Motion Hearing set for 8/3/2021 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
July 27, 2021 Filing 4 Notice of Hearing Date 10 a.m. set for 8/3/2021 re #2 MOTION for Preliminary Injunction , #3 Memorandum in Support, (Williamson, Andrew)
July 27, 2021 Filing 3 Memorandum in Support re #2 MOTION for Preliminary Injunction filed by Timothy J. Guinan, Operation OCR, LLC. (Attachments: #1 Proposed Order, #2 Exhibit Ex. C WDNC Case, #3 Exhibit Ex. B Williamson Decl., #4 Exhibit Ex. A Guinan Decl.)(Williamson, Andrew)
July 27, 2021 Filing 2 MOTION for Preliminary Injunction by Timothy J. Guinan, Operation OCR, LLC. (Williamson, Andrew)
July 22, 2021 Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Theresa Carroll Buchanan. (klau, )
July 21, 2021 Filing 1 Complaint with Jury Demand against Kathleen Passafaro, Passafaro Nova Ninja, LLC ( Filing fee $ 402, receipt number AVAEDC-7904107.), filed by Timothy J Guinan, Operation OCR, LLC. (Attachments: #1 Civil Cover Sheet)(Williamson, Andrew) Modified text on 7/22/2021 (klau, ).

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Plaintiff: Timothy J Guinan
Represented By: Andrew Michael Williamson
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Plaintiff: Operation OCR, LLC
Represented By: Andrew Michael Williamson
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Plaintiff: Timothy J. Guinan
Represented By: Andrew Michael Williamson
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Plaintiff: Operation OCR, LLC doing business as Otherworld Fitness
Represented By: Andrew Michael Williamson
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Defendant: Kathleen Passfaro
Represented By: Alex Robert Heidt
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Defendant: Passafaro Nova Ninja, LLC
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Defendant: Passafaro Nova Ninja, LLC doing business as Nova Ninja Ashburn doing business as Nova Ninja
Represented By: Alex Robert Heidt
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