JTH Tax, Inc. v. Whitaker Featured Case

Plaintiff JTH Tax, Inc. alleges that the defendant breached a franchise agreement by failing to follow operating procedures, refused to allow the franchisor to inspect the business and refused to follow certain post-termination obligations.

Plaintiff: JTH Tax, Inc.
Defendant: Kenya Whitaker and Easy Software Solutions, LLC
Case Number: 2:2007cv00170
Filed: April 12, 2007
Court: US District Court for the Eastern District of Virginia
Office: Norfolk Office
County: Virginia Beach City
Presiding Judge: Tommy E. Miller
Presiding Judge: Henry C. Morgan
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. ยง 1338 Trademark Infringement
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 5, 2007 Filing 55
MOTION to Withdraw as Attorney by Kenya Whitaker. (Durbin, Colleen)
October 3, 2007 Filing 53
NOTICE by Kenya Whitaker to Withdraw the Appearance of Colleen Durbin (Durbin, Colleen)
September 27, 2007 Opinion or Order Filing 51
ORDER granting plaintiff's 40 Motion to Dismiss Counts III and V of defendants' counterclaim; granting plaintiff's 42 Motion to Strike defendants' request for attorney's fees; granting defendants leave to amend their counterclaim to state a claim for constructive fraud. Signed by Judge Henry C. Morgan Jr. and filed on 9/27/07. (mwin, )
September 4, 2007 Filing 50
REPLY to Response to Motion re 40 MOTION to Dismiss COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM, [41] MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM filed by JTH Tax, Inc.. (Szajnoga, Vanessa)
August 31, 2007 Filing 49
Memorandum in Opposition re [41] MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COUNT III (NEGLIGENT MISREPRESENTATION) AND COUNT IV (BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING) OF DEFENDANTS COUNTERCLAIM filed by Kenya Whitaker. (Quinn, Dennis)
August 24, 2007 Filing 48
Order - Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 12/20/2007 12:00 PM in N Courtroom 2; Bench Trial set for 1/8/2008 at 10:00 AM. Signed by Judge Henry C. Morgan Jr.; dated 8/9/07; filed 8/24/07.(mwin, )
August 22, 2007 Filing 46
Memorandum in Support re 42 MOTION to Strike DEFENDANTS REQUEST FOR ATTORNEYS FEES filed by JTH Tax, Inc.. (Szajnoga, Vanessa)
August 21, 2007 Filing 44
Response to 39 Counterclaim Answer filed by JTH Tax, Inc.. (Szajnoga, Vanessa)
August 3, 2007 Filing 39
COUNTERCLAIM against JTH Tax, Inc., filed by Kenya Whitaker.(Quinn, Dennis)
July 16, 2007 Opinion or Order Filing 36
OPINION AND ORDER granting 29 Motion to cure defect; denying 33 Motion to Transfer Case; denying 10 Motion to Transfer Case; denying 11 Motion to Stay. Signed by Judge Henry C. Morgan Jr. and filed on 7/16/07. (jcow, )
June 7, 2007 Filing 34
Memorandum in Opposition re 33 MOTION to Transfer Case filed by JTH Tax, Inc.. (Szajnoga, Vanessa)
June 6, 2007 Filing 33
MOTION to Transfer Case by Easy Software Solutions, LLC. (Durbin, Colleen)
May 30, 2007 Filing 32
Reply to 14 Memorandum in Opposition to Motion to Transfer filed by Kenya Whitaker. (Quinn, Dennis)
May 23, 2007 Filing 31
NOTICE of Appearance by Colleen Elizabeth Durbin on behalf of all defendants (Durbin, Colleen) Modified on 6/8/2007 to correct system error in counsel's name (removed "q" after "Elizabeth") (mwin, ).
May 22, 2007 Filing 29
MOTION to Cure Defect re 10 MOTION to Transfer Case, 11 MOTION to Stay by Kenya Whitaker. (Quinn, Dennis)
May 21, 2007 Filing 27
CERTIFICATE of Service re 18 Affidavit in Opposition to Motion, 21 Affidavit in Opposition to Motion, 22 Affidavit in Opposition to Motion, 19 Affidavit in Opposition to Motion, 15 Affidavit in Opposition to Motion, 23 Affidavit in Opposition to Motion, 16 Affidavit in Opposition to Motion, 25 Affidavit in Opposition to Motion,, 20 Affidavit in Opposition to Motion, 24 Affidavit in Opposition to Motion, 26 Affidavit in Opposition to Motion, 17 Affidavit in Opposition to Motion, by Vanessa Mercurio Szajnoga on behalf of JTH Tax, Inc. (Szajnoga, Vanessa)
May 18, 2007 Filing 13
Two Summonses issued on amended complaint as to Easy Software Solutions, LLC, and Kenya Whitaker, with court notices and copy of amended complaint. Summons package mailed to plaintiff's counsel. (mwin, )
April 17, 2007 Filing 8
Summons Issued as to Kenya Whitaker with court notices and copies of complaint and declarations; mailed to plaintiff's counsel. (mwin, )
April 12, 2007 Filing 6
Financial Interest Disclosure Statement (Local Rule 7.1) by JTH Tax, Inc. (mwin, )
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Plaintiff: JTH Tax, Inc.
Represented By: Vanessa Mercurio Szajnoga
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Defendant: Kenya Whitaker
Represented By: Dennis John Quinn
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Defendant: Easy Software Solutions, LLC
Represented By: Dennis John Quinn
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