JTH Tax LLC v. Hewitt et al
| JTH Tax LLC, JTH Tax LLC d/b/a/ Liberty Tax Service formerly known as JTH Tax, Inc. and JTH Tax, Inc. |
| John T. Hewitt, Loyalty LLC, Yneva Marte, ATAX LLC d/b/a ATAX, ATAX Franchise, Inc. and ATAX LLC doing business as Atax |
| 2:2021cv00076 |
| February 4, 2021 |
| US District Court for the Eastern District of Virginia |
| Lawrence R Leonard |
| Rebecca Beach Smith |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
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Filing 41
AGREED ORDER granting relief on request of Plaintiff's Motion for Preliminary Injunction. The Court shall retain jurisdiction over Plaintiff's Lanham Act Claim. Signed by District Judge Rebecca Beach Smith on 3/31/2021. (afar)
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| Filing 40 Joint MOTION Entry of Agreed Order re #25 MOTION for Preliminary Injunction Joint Motion For Entry of Agreed Order Concerning Plaintiff's Motion For Preliminary Injunction by JTH Tax LLC. (Attachments: #1 Exhibit A)(Whitelock, Julia) |
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Filing 39
ORDER granting #35 Motion for Pro hac vice for Marlen Cortez Morris as to ATAX Franchise, Inc., ATAX LLC, John T. Hewitt, Loyalty LLC and Yneva Marte. Signed by District Judge Rebecca Beach Smith on 3/29/21. (tlev, )
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Filing 38
ORDER: IT IS ORDERED, ADJUDGED and DECREED, that Defendants John T. Hewitt, Loyalty LLC, ATAX LLC, ATAX Franchise, Inc. and Yneva Marte shall have until April 6, 2021 to file a response to Plaintiff's Motion for Preliminary Injunction, unless otherwise ordered by the Court. Signed by Magistrate Judge Lawrence R. Leonard on 3/29/2021. (afar)
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| Filing 37 WAIVER OF SERVICE Returned Executed by JTH Tax LLC. ATAX Franchise, Inc. waiver sent on 3/24/2021, answer due 5/24/2021. (Whitelock, Julia) |
| Filing 36 MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Preliminary Injunction by ATAX Franchise, Inc., ATAX LLC, John T. Hewitt, Loyalty LLC, Yneva Marte. (Attachments: #1 Proposed Order)(Marshall, Alexander) |
| Filing 35 Motion to appear Pro Hac Vice by Marlen Cortez Morris and Certification of Local Counsel A. Tevis Marshall Filing fee $ 75, receipt number 0422-7692411. by ATAX Franchise, Inc., ATAX LLC, John T. Hewitt, Loyalty LLC, Yneva Marte. (Attachments: #1 Exhibit A - Personal Statement)(Marshall, Alexander) |
| Filing 34 Financial Interest Disclosure Statement (Local Rule 7.1) by ATAX Franchise, Inc.. (Marshall, Alexander) |
| Filing 33 NOTICE of Appearance by Alexander Tevis Marshall on behalf of ATAX Franchise, Inc. (Marshall, Alexander) |
| Filing 32 NOTICE of Appearance by Bret Gregory Daniel on behalf of ATAX Franchise, Inc. (Daniel, Bret) |
| Filing 31 Request for Hearing by JTH Tax LLC re #25 MOTION for Preliminary Injunction Request fo Oral Argument (Whitelock, Julia) |
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Filing 30
ORDER granting #27 Motion for Extension of Time. Defendants ATAX LLC and Yneva Marte shall have until May 11, 2021 to file a response to the Amended Complaint filed by Plaintiff, unless otherwise ordered by the Court. Signed by Magistrate Judge Lawrence R. Leonard on 3/18/21. (dbra)
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| Filing 29 Waiver of re #9 Summons Issued, Waiver of the Service of Summons by JTH Tax LLC (Whitelock, Julia) |
| Filing 28 Waiver of re #9 Summons Issued, #24 Amended Complaint, Waiver of the Service of Summons by JTH Tax LLC (Whitelock, Julia) |
| Filing 27 Consent MOTION for Extension of Time to File Answer re #24 Amended Complaint, by ATAX LLC, Yneva Marte. (Attachments: #1 Proposed Order)(Marshall, Alexander) |
| MOTIONS REFERRED to Magistrate Judge Leonard. #27 Consent MOTION for Extension of Time to File Answer re #24 Amended Complaint, (tamarm, ) |
| Filing 26 Memorandum in Support re #25 MOTION for Preliminary Injunction filed by JTH Tax LLC. (Attachments: #1 Supplement Declaration of Crystal Serrano, #2 Supplement Declaration of Dr. Jonathan Hibbard, #3 Supplement Declaration of Anjerie McHenry, #4 Supplement Declaration of Ahjanae Cline)(Whitelock, Julia) |
| Filing 25 MOTION for Preliminary Injunction by JTH Tax LLC. (Attachments: #1 Proposed Order)(Whitelock, Julia) |
| Filing 24 AMENDED COMPLAINT for Injunctive Relief and Damages and Demand for Jury Trial against ATAX Franchise, Inc., ATAX LLC, John T. Hewitt, Loyalty LLC, Yneva Marte, filed by JTH Tax LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Whitelock, Julia) |
| Filing 23 AFFIDAVIT of Attempted Service of Summons, Verified Complaint and Demand for Jury Trial, Verification, and Civil Cover Sheet on John Hewitt by JTH Tax LLC. (Whitelock, Julia) |
| Filing 22 AFFIDAVIT of Service for Summons, Verified Complaint, and Demand for Jury Trial with Exhibits, Verification, and Civil Cover Sheet served on Loyalty, LLC c/o John Allen Waldrop, Registered Agent on 3/1/21, filed by JTH Tax LLC. (Whitelock, Julia) |
| Filing 21 SUMMONS Returned Executed by JTH Tax LLC Yneva Marte served on 3/4/2021, answer due 3/25/2021 (Attachments: #1 Affidavit)(Whitelock, Julia) |
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Filing 20
ORDER granting #16 Motion for Extension of Time to File Response/Reply. Defendant Atax LLC shall have until 3/23/2021 to file a response to the Complaint or 21 days from the filing of an Amended Complaint (whichever is later). Responses due by 3/23/2021 Signed by Magistrate Judge Lawrence R. Leonard on 3/3/2021. (tamarm, )
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| Filing 19 AFFIDAVIT of Service on ATAX, LLC d/b/a ATAX by JTH Tax LLC. (Whitelock, Julia) |
| Filing 18 Financial Interest Disclosure Statement (Local Rule 7.1) by ATAX LLC. (Marshall, Alexander) |
| Notice of Correction re 17 Financial Disclosure Statement. Attorney notified that the document is an incorrectly saved PDF fillable form which we have removed. Requested to refile the document after saving it correctly. (tamarm, ) |
| MOTIONS REFERRED to Magistrate Judge Leonard. #16 Consent MOTION for Extension of Time to File Response/Reply as to #1 Complaint (tamarm, ) |
| Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by ATAX LLC. (Marshall, Alexander) |
| Filing 16 Consent MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by ATAX LLC. (Attachments: #1 Proposed Order)(Marshall, Alexander) |
| Filing 15 NOTICE of Appearance by Alexander Tevis Marshall on behalf of ATAX LLC (Marshall, Alexander) |
| Filing 14 NOTICE of Appearance by Bret Gregory Daniel on behalf of ATAX LLC (Daniel, Bret) |
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Filing 13
ORDER granting #8 Motion for Pro hac vice for James Ludlow Messenger as to JTH Tax LLC. Signed by District Judge Rebecca Beach Smith on 2/9/21. (tlev, )
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Filing 12
ORDER granting #6 Motion for Pro hac vice for Brian Joseph Wall as to JTH Tax LLC. Signed by District Judge Rebecca Beach Smith on 2/9/21. (tlev, )
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Filing 11
ORDER granting #7 Motion for Pro hac vice for John William Moran as to JTH Tax LLC. Signed by District Judge Rebecca Beach Smith on 2/9/21. (tlev, )
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Filing 10
ORDER granting #3 Motion for Pro hac vice for Peter George Siachos as to JTH Tax LLC. Signed by District Judge Rebecca Beach Smith on 2/9/21. (tlev, )
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| Filing 9 Summons Issued as to ATAX Franchise, Inc., ATAX LLC, John T. Hewitt, Loyalty LLC, Yneva Marte. 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 Motions Procedures)(tamarm, ) |
| Filing 8 Motion to appear Pro Hac Vice by James Ludlow Messenger and Certification of Local Counsel Julia K. Whitelock Filing fee $ 75, receipt number 0422-7615374. by JTH Tax LLC. (Whitelock, Julia) |
| Filing 7 Motion to appear Pro Hac Vice by John William Moran and Certification of Local Counsel Julia K. Whitelock Filing fee $ 75, receipt number 0422-7615356. by JTH Tax LLC. (Whitelock, Julia) |
| Filing 6 Motion to appear Pro Hac Vice by Brian Joseph Wall and Certification of Local Counsel Julia K. Whitelock Filing fee $ 75, receipt number 0422-7615329. by JTH Tax LLC. (Whitelock, Julia) |
| Filing 5 Proposed Summons re #1 Complaint, ATAX Franchise, Inc. by JTH Tax LLC. (Attachments: #1 Supplement ATAX LLC Proposed Summons, #2 Supplement Hewitt Proposed Summons, #3 Supplement Loyalty Proposed Summons, #4 Supplement Marte Proposed Summons)(Whitelock, Julia) |
| Filing 4 Report on the filing or determination of an action regarding a trademark. (epri, ) |
| Initial Case Assignment to District Judge Rebecca Beach Smith and Magistrate Judge Lawrence R. Leonard. (epri, ) |
| Filing 3 Motion to appear Pro Hac Vice by Peter G. Siachos and Certification of Local Counsel Julia K. Whitelock Filing fee $ 75, receipt number 0422-7614538. by JTH Tax LLC. (Attachments: #1 Exhibit A)(Whitelock, Julia) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by JTH Tax LLC. (Whitelock, Julia) |
| Filing 1 Complaint for Injunctive Relief and Damages and Demand for Jury Trial ( Filing fee $ 402, receipt number 0422-7614516.), filed by JTH Tax LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet)(Whitelock, Julia) |
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