Hopjacks, Inc v. Rock Solid Restaurants, LLC et al
| Hopjacks, Inc. |
| Rock Solid Restaurants, LLC, Mark Eggen, Hop Jacks, LLC, ROCK SOLID RESTAURANTS OREGON LLC, ROCK SOLID RESTAURANTS, LLC (OR) and ROCK SOLID RESTAURANTS COLORADO, LLC |
| 2:2018cv00848 |
| June 1, 2018 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| Richard A Jones |
| Trademark |
| 15 U.S.C. § 1051 |
| Both |
Docket Report
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This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
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Filing 75
ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. The trial date and pretrial dates previously set are hereby VACATED. Signed by Judge Richard A. Jones. (VE)
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| Reset Deadlines: Having considered the parties' #74 Stipulated MOTION TO EXTEND CERTAIN CASE DEADLINES, and finding good cause, the Court GRANTS the parties' stipulated motion and extends the deadline for expert witness disclosures/reports under FRCP 26(a)(2) to 8/9/2019, and the deadline to complete discovery to 9/24/2019. The trial date and all other pretrial deadlines previously set remain unchanged. (VE) |
| Filing 74 Stipulated MOTION AND [PROPOSED] ORDER TO EXTEND CERTAIN CASE DEADLINES, filed by Defendant Rock Solid Restaurants, LLC. Noting Date 6/28/2019, (Dunwoody, Stuart) |
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Filing 73
ORDER SETTING AMENDED TRIAL DATE AND RELATED DATES. Length of Trial: 3-5 days. Having considered the parties' #72 Stipulated MOTION to Extend Case Deadlines, and finding good cause, the Court continues the trial date and remaining pretrial deadlines in this matter as follows: JURY TRIAL is continued to 1/6/2020 at 9:00 AM in Courtroom 13106 before Judge Richard A. Jones. Amended Pleadings due by 7/10/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/26/2019, Discovery completed by 9/10/2019, Dispositive motions due by 10/9/2019, Motions in Limine due by 12/9/2019, Pretrial Order due by 12/23/2019, Trial briefs, proposed jury instructions, proposed voir dire, agreed neutral statement of the case, deposition designations, and trial exhibits to be submitted by 12/30/2019, by Judge Richard A. Jones. (VE)
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| Filing 72 Stipulated MOTION and Proposed Order to Extend Case Deadlines, filed by Plaintiff Hopjacks, Inc.. Noting Date 3/27/2019, (Pham, Michelle) |
| Filing 71 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Mark Eggen, Hop Jacks, LLC, ROCK SOLID RESTAURANTS COLORADO, LLC, ROCK SOLID RESTAURANTS OREGON LLC, ROCK SOLID RESTAURANTS, LLC (OR), Rock Solid Restaurants, LLC (Dunwoody, Stuart) |
| Filing 70 ANSWER to #65 Amended Complaint with JURY DEMAND by Mark Eggen, Hop Jacks, LLC, ROCK SOLID RESTAURANTS COLORADO, LLC, ROCK SOLID RESTAURANTS OREGON LLC, ROCK SOLID RESTAURANTS, LLC (OR), Rock Solid Restaurants, LLC.(Dunwoody, Stuart) |
| Filing 69 NOTICE of Change of Address/Change of Name of Attorney Stuart R. Dunwoody. Filed by Defendants Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Dunwoody, Stuart) Modified Firm Address on 11/27/2018 (DS). |
| Filing 68 Summons(es) Electronically Issued as to defendant(s) ROCK SOLID RESTAURANTS COLORADO (Main Document), LLC, ROCK SOLID RESTAURANTS OREGON LLC, ROCK SOLID RESTAURANTS, LLC (OR) (Attachments: #1 Summons Issued as to ROCK SOLID RESTAURANTS OREGON LLC, #2 Summons Issued as to ROCK SOLID RESTAURANTS, LLC (OR)) (TH) |
| Filing 67 PRAECIPE TO ISSUE SUMMONS re #65 Amended Complaint by Plaintiff Hopjacks, Inc. (Attachments: #1 Summons, #2 Summons)(Pham, Michelle) |
| ***Motion terminated: #63 Stipulated MOTION to Amend #1 Complaint filed by Hopjacks, Inc. is terminated pursuant to Plaintiff's #66 NOTICE to Withdraw Pending Motion. (VE) |
| Filing 66 NOTICE to Withdraw Pending Motion re #63 Stipulated MOTION to Amend #1 Complaint,, ; by Plaintiff Hopjacks, Inc.. (LaBorde, Garrett) |
| Filing 65 AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Hopjacks, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(LaBorde, Garrett) |
| Filing 64 NOTICE Consent to Filing First Amended Complaint ; filed by Defendants Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Attachments: #1 Exhibit A)(Klein, Steven) |
| Filing 63 Stipulated MOTION to Amend #1 Complaint,,, filed by Plaintiff Hopjacks, Inc.. (Attachments: #1 Amended Complaint (with exhibits), #2 Proposed Order Granting Stipulation) Noting Date 12/7/2018, (LaBorde, Garrett) |
| Filing 62 ANSWER to #1 Complaint, with JURY DEMAND by Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC.(Dunwoody, Stuart) |
| Reset Deadline: The deadline for joining additional parties is reset for 11/9/2018. (VE) |
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Filing 61
ORDER SETTING TRIAL DATE AND RELATED DATES. Length of Trial: 3-5 days. JURY TRIAL is set for 10/7/2019 at 9:00 AM in Courtroom 13106 before Judge Richard A. Jones. Joinder of Parties due by 8/17/2018, Amended Pleadings due by 4/10/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/10/2019, Discovery completed by 6/10/2019, Dispositive motions due by 7/9/2019, Motions in Limine due by 9/9/2019, Pretrial Order due by 9/23/2019, Trial briefs, proposed jury instructions, proposed voir dire, agreed neutral statement of the case, deposition designations, and trial exhibits to be submitted by 9/30/2019, by Judge Richard A. Jones. (VE)
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Filing 60
STIPULATED PROTECTIVE ORDER signed by Judge Richard A. Jones. (VE)
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| Filing 59 STIPULATION AND PROPOSED ORDER re Protective Order by parties (Dunwoody, Stuart) |
| Filing 58 JOINT STATUS REPORT signed by all parties estimated Trial Days: 3-5. Filed by Defendants Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC.(Klein, Steven) |
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Filing 57
ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 7/2/2018, Initial Disclosure Deadline is 7/9/2018, Joint Status Report due by 7/16/2018, by Judge Richard A. Jones. (VE)
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| Filing 56 STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE) |
| DOCKETED IN ERROR. PLESAE DISREGARD NOTE: Document #53 was filed incorrectly. Appearance of attorney Andrew J. Kinstler and Kevin Regan is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. (TH) Modified on 6/18/2018 (TH). |
| Notice to Filer was docketed in error. Please disregard. (TH) |
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Filing 55
ORDER re #52 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney W. Cleveland Acree, II for Plaintiff Hopjacks, Inc. by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 54
ORDER re #51 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Garrett Patrick Laborde for Plaintiff Hopjacks, Inc. by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 53 NOTICE of Appearance by attorney Kevin Edward Regan on behalf of Plaintiff Hopjacks, Inc.. (Regan, Kevin) |
| Filing 52 APPLICATION OF ATTORNEY W. Cleveland Acree, II FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Hopjacks, Inc. (Fee Paid) Receipt No. 0981-5356837 (Pham, Michelle) Requested local counsel (Kevin Regan who is on PHV application) to file NOA to appear on docket. (DS). |
| Filing 51 APPLICATION OF ATTORNEY Garrett P. Laborde FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Hopjacks, Inc. (Fee Paid) Receipt No. 0981-5356393 (Pham, Michelle) Requested local counsel (Kevin Regan who is on PHV application) to file NOA to appear on docket. 6/14/2018 (DS). |
| Filing 50 NOTICE of Appearance by attorney Michelle Q. Pham on behalf of Plaintiff Hopjacks, Inc.. (Pham, Michelle) |
| Clerk received phone call from the office of Beusse Wolter Sanks Maire, PPLC advising that Attorneys Kevin Wimberly and Terry Marcus Sanks will not be appearing pro hac vice in this case. (PM) |
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Filing 49
ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Steven E. Klein for Defendants Mark Eggen, Hop Jacks, LLC and Rock Solid Restaurants, LLC by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 48 APPLICATION OF ATTORNEY STEVEN E. KLEIN FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC (Fee Paid) Receipt No. 0981-5353421 (Dunwoody, Stuart) |
| Filing 47 NOTICE of Appearance by attorney Stuart R. Dunwoody on behalf of Defendants Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Dunwoody, Stuart) |
| Filing 46 LETTER from Clerk to counsel re: receipt of case from Middle District of Florida (Orlando) and advising of WAWD case number and judge assignment. (DJ) |
| Filing 45 Case transferred in from District of Florida Middle, Case Number 6:17-cv-02210;. |
| Judge Richard A. Jones added. (DJ) |
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Filing 44
ORDER adopting #43 Report and Recommendation. Defendants' Motion to Dismiss Plaintiff's Complaint #9 is granted. This case is hereby TRANSFERRED to the United States District Court for the Western District of Washington, Seattle Division. The Clerk is directed to terminate any pending motions and CLOSE the file. Signed by Judge John Antoon II on 5/29/2018. (ALL) [Transferred from flmd on 6/12/2018.]
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Filing 43
REPORT AND RECOMMENDATION re #9 MOTION to Dismiss Plaintiff's Complaint filed by Hop Jacks, LLC, Rock Solid Restaurants, LLC, Mark Eggen. It is RECOMMENDED that the Motion be GRANTED in part, DENIED in part. See Order. Signed by Magistrate Judge Daniel C. Irick on 5/11/2018. (RN) [Transferred from flmd on 6/12/2018.]
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Filing 42
ENDORSED ORDER denying #41 Motion for Leave to File reply to sur-reply. Signed by Magistrate Judge Daniel C. Irick on 4/26/2018. (Irick, Daniel) [Transferred from flmd on 6/12/2018.]
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| Filing 41 MOTION for leave to file Sur Reply to Section I of Plaintiff's Sur Reply to Defendants' Motion to Dismiss by All Defendants. (Klein, Steven) [Transferred from flmd on 6/12/2018.] |
| Filing 40 RESPONSE in Opposition re #37 MOTION to stay discovery filed by Hopjacks, Inc.. (LaBorde, Garrett) [Transferred from flmd on 6/12/2018.] |
| Filing 39 Plaintiff's Sur Reply to Defendants' Motion re #9 MOTION to Dismiss Plaintiff's Complaint filed by Hopjacks, Inc.. (Attachments: #1 Exhibit Plaintiff's Exhibits G-H to Sur-Reply)(LaBorde, Garrett) Modified on 4/19/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
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Filing 38
ENDORSED ORDER granting in part and denying in part #34 Motion for Leave to File Sur Reply. On or before 4/18/2018, Plaintiff may file a sur reply of no more than 5 pages. Signed by Magistrate Judge Daniel C. Irick on 4/11/2018. (Irick, Daniel) [Transferred from flmd on 6/12/2018.]
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| Filing 37 MOTION to stay discovery by All Defendants. (Klein, Steven) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from flmd on 6/12/2018.] |
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Filing 36
ORDER REFERRING MOTION: #9 MOTION to Dismiss Plaintiff's Complaint filed by Hop Jacks, LLC, Rock Solid Restaurants, LLC, Mark Eggen, #34 MOTION for leave to file Sur Reply to Defendants' Reply to Plaintiff's Response to Defendants' Motion to Dismiss filed by Hopjacks, Inc. Signed by Judge Anne C. Conway on 4/10/2018. (RMF) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from flmd on 6/12/2018.]
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| Filing 35 RESPONSE in Opposition re #34 MOTION for leave to file Sur Reply to Defendants' Reply to Plaintiff's Response to Defendants' Motion to Dismiss filed by Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Klein, Steven) [Transferred from flmd on 6/12/2018.] |
| Filing 34 MOTION for leave to file Sur Reply to Defendants' Reply to Plaintiff's Response to Defendants' Motion to Dismiss by Hopjacks, Inc.. (Acree, William) [Transferred from flmd on 6/12/2018.] |
| Filing 33 CASE MANAGEMENT REPORT. (LaBorde, Garrett) [Transferred from flmd on 6/12/2018.] |
| Filing 32 REPLY to Response to Motion re #9 MOTION to Dismiss Plaintiff's Complaint filed by Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Attachments: #1 Exhibit "3")(Klein, Steven) [Transferred from flmd on 6/12/2018.] |
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Filing 31
ORDER granting #30 Motion for Leave to File Reply not to exceed 10 pages within 5 days. Signed by Judge Anne C. Conway on 3/27/2018. (Conway, Anne) [Transferred from flmd on 6/12/2018.]
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| Filing 30 Unopposed MOTION for leave to file a Reply to Plaintiff's Response to Defendants' Motion to Dismiss Complaint by All Defendants. (Klein, Steven) [Transferred from flmd on 6/12/2018.] |
| Filing 29 RESPONSE in Opposition re #9 MOTION to Dismiss Plaintiff's Complaint filed by Hopjacks, Inc.. (Attachments: #1 Exhibit)(LaBorde, Garrett) [Transferred from flmd on 6/12/2018.] |
| reset deadlines as to #9 MOTION to Dismiss Plaintiff's Complaint . Responses due by 3/23/2018 (RMF) [Transferred from flmd on 6/12/2018.] |
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Filing 28
ENDORSED ORDER striking 27 Plaintiff's Response to Defendants' Motion to Dismiss Plaintiff's Complaint. The document was filed in violation of Local Rule 3.01(b), which provides that a response to a motion shall not exceed twenty pages. The Clerk is directed to delete the document. On or before March 23, 2018, Plaintiff may file a response that complies with the rules of this Court. Signed by Magistrate Judge Daniel C. Irick on 3/20/2018. (Irick, Daniel) [Transferred from flmd on 6/12/2018.]
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| Filing 27 (STRICKEN AND REMOVED PER ORDER 28)RESPONSE to Motion re #9 MOTION to Dismiss Plaintiff's Complaint filed by Hopjacks, Inc.. (Attachments: # 1 Exhibit PL's Exhibits (A-F) to MTD Response)(LaBorde, Garrett) Modified on 3/21/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
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Filing 26
ENDORSED ORDER granting #25 Second Unopposed Motion for Extension of Time to File Response to #9 Motion to Dismiss Plaintiff's Complaint. Response due by 3/19/2018. Signed by Magistrate Judge Daniel C. Irick on 3/9/2018. (Irick, Daniel) [Transferred from flmd on 6/12/2018.]
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| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss Plaintiff's Complaint by Hopjacks, Inc.. (Acree, William) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from flmd on 6/12/2018.] |
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Filing 24
ENDORSED ORDER granting #23 Joint Motion to Appear Telephonically at the Case Management Conference. Provided the parties agree to the essentials of the Case Management Report. Otherwise, the parties shall meet in person. Signed by Magistrate Judge Daniel C. Irick on 3/8/2018. (Irick, Daniel) [Transferred from flmd on 6/12/2018.]
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| Filing 23 Joint MOTION to Appear Telephonically for Purposes of Preparing Case Management Report by All Defendants. (Sanks, Terry) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from flmd on 6/12/2018.] |
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Filing 22
ENDORSED ORDER granting #21 Unopposed Motion for Extension of Time to File Response to #9 Motion to Dismiss Plaintiff's Complaint. Response due by 3/12/2018. Signed by Magistrate Judge Daniel C. Irick on 2/22/2018. (Irick, Daniel) [Transferred from flmd on 6/12/2018.]
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss Plaintiff's Complaint by Hopjacks, Inc.. (Acree, William) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from flmd on 6/12/2018.] |
| Filing 20 NOTICE of pendency of related cases #3 per Local Rule 1.04(d) by Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. Related case(s): No (Wimberly, Kevin) Modified on 2/22/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
| Filing 19 RETURN of service executed on January 24, 2018 by Hopjacks, Inc. as to Mark Eggen. (Acree, William) [Transferred from flmd on 6/12/2018.] |
| Filing 18 RETURN of service executed on January 24, 2018 by Hopjacks, Inc. as to Hop Jacks, LLC. (Acree, William) [Transferred from flmd on 6/12/2018.] |
| Filing 17 RETURN of service executed on January 24, 2017 by Hopjacks, Inc. as to Rock Solid Restaurants, LLC. (Acree, William) [Transferred from flmd on 6/12/2018.] |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Steven E. Klein, appearing on behalf of Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC (Filing fee $150 receipt number ORL 711490.) Related document: #10 Unopposed MOTION for Steven E. Klein to appear pro hac vice. (RMF) [Transferred from flmd on 6/12/2018.] |
| Filing 16 (Attorney will refile below) PROOF of service by Hopjacks, Inc. (Acree, William) Modified on 2/20/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
| Filing 15 (Attorney will refile below) PROOF of service by Hopjacks, Inc. (Acree, William) Modified on 2/20/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
| Filing 14 (Attorney will refile below) PROOF of service by Hopjacks, Inc. (Acree, William) Modified on 2/20/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case/interested persons/ECF-2 by Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Wimberly, Kevin) [Transferred from flmd on 6/12/2018.] |
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Filing 12
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Daniel C. Irick on 2/15/2018. (ECJ) [Transferred from flmd on 6/12/2018.]
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| Filing 11 NOTICE of Appearance by Kevin W. Wimberly on behalf of Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC (Wimberly, Kevin) [Transferred from flmd on 6/12/2018.] |
| Filing 10 Unopposed MOTION for Steven E. Klein to appear pro hac vice by All Defendants. (Sanks, Terry) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from flmd on 6/12/2018.] |
| Filing 9 MOTION to Dismiss Plaintiff's Complaint by Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC. (Attachments: #1 Exhibit "1", #2 Exhibit "2")(Sanks, Terry) [Transferred from flmd on 6/12/2018.] |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case/interested persons/ECF-2 by Hopjacks, Inc.. (Acree, William) [Transferred from flmd on 6/12/2018.] |
| Filing 7 NOTICE of pendency of related cases #3 per Local Rule 1.04(d) by Hopjacks, Inc.. Related case(s): no (Acree, William) Modified on 1/23/2018 (RMF). [Transferred from flmd on 6/12/2018.] |
| Filing 6 SUMMONS issued as to Mark Eggen. (RMF) [Transferred from flmd on 6/12/2018.] |
| Filing 5 SUMMONS issued as to Rock Solid Restaurants, LLC. (RMF) [Transferred from flmd on 6/12/2018.] |
| Filing 4 SUMMONS issued as to Hop Jacks, LLC. (RMF) [Transferred from flmd on 6/12/2018.] |
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Filing 3
RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 1/23/2018, Certificate of interested persons and corporate disclosure statement due by 1/23/2018. Signed by Judge Anne C. Conway on 1/9/2018. (RMF) (RMF). [Transferred from flmd on 6/12/2018.]
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| Filing 2 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (RMF) [Transferred from flmd on 6/12/2018.] |
| Filing 1 COMPLAINT against Mark Eggen, Hop Jacks, LLC, Rock Solid Restaurants, LLC with Jury Demand (Filing fee $ 400 receipt number ORL 69696) filed by Hopjacks, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(RMF) [Transferred from flmd on 6/12/2018.] |
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