Brava Salon Specialists, LLC v. Swedish Haircare, Inc.
| Brava Salon Specialists, LLC |
| Swedish Haircare, Inc. |
| 3:2022cv00695 |
| December 6, 2022 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 40
Brief in Opposition by Defendant Swedish Haircare, Inc. re: #2 Motion for TRO (Foley, Paul)
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Filing 39
Transcript of Videoconferenced Injunctive Hearing, held 1/13/2023 before Judge William M. Conley. Court Reporter: JD. Please review the court's policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (rks)
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Filing 38
Supplemental Brief in Support of #2 Motion for TRO and Preliminary Injunction by Plaintiff Brava Salon Specialists, LLC (Attachments: #1 Exhibit A - Deposition of Ed Wright Excerpt) (Brodkey, Isaac)
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Filing 37
Disregard. Modified on 1/18/2023. (lak)
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Filing 36
Minute Entry for proceedings held before District Judge William M. Conley: Injunctive Hearing held on 1/13/2023 re #2 Motion for Temporary Restraining Order and Preliminary Injunction. [1:00] (Court Reporter JD.) (jat)
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Reset Hearing as to #2 Motion for Temporary Restraining Order and Preliminary Injunction. Injunctive Hearing set for 1/13/2023 at 11:00 AM by Zoom Video Conference. (rks/MH)
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Filing 35
AMENDED COMPLAINT against Swedish Haircare, Inc., filed by Brava Salon Specialists, LLC. (Attachments: #1 Exhibit A - Distributor Agreement & Amendments, #2 Exhibit B - Photo of Award for Outstanding Educational Program, #3 Exhibit C - Photo of 2021 Distributor of Year Award, #4 Exhibit D - 12.7.21 Email Communication, #5 Exhibit E - 2.9.22 Email Communication, #6 Exhibit F - 3.21.22 Text Communication, #7 Exhibit G - Amazon Search - REF, #8 Exhibit H - 12.5.22 Order Detail, #9 Exhibit I - 11.30.22 Email Communication) (Mandell, Jeffrey)
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Filing 34
** TEXT ONLY ORDER ** The court will hold a Injunctive Hearing on 1/9/2023 by Zoom video conference. The court will send invitations by email to counsel. All participants are reminded that video or audio recordings of the proceedings are strictly prohibited. A guide to participating in Zoom video hearings can be found #here. Signed by District Judge William M. Conley on 12/30/2022. (rks)
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Filing 33
** TEXT ONLY ORDER **Defendant's motion to appear remotely (dkt. #20 ) is GRANTED in that the hearing will be held by zoom video conference, with all parties appearing by zoom. Signed by District Judge William M. Conley on 12/30/2022. (rks)
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Filing 32
** TEXT ONLY ORDER **ORDER granting #25 Motion to Admit Tatiana Tway Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 12/30/2022. (lak)
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Filing 31
Declaration of Paul Connolly filed by Defendant Swedish Haircare, Inc. re: #2 Motion for TRO, (Attachments: #1 Exhibit A - Various Correspondence, #2 Exhibit B - Website, #3 Exhibit C - Incorporation Records) (lak)
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Filing 30
Disregard. Modified on 12/30/2022. (lak)
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Filing 29
Disregard. Modified on 12/30/2022. (lak)
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Filing 28
Disregard. Modified on 12/30/2022. (lak)
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Filing 27
Disregard. Modified on 12/30/2022. (lak)
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Filing 26
Disregard. Modified on 12/30/2022. (lak)
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Filing 25
Motion to Admit Tatiana Tway Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3174186.) by Defendant Swedish Haircare, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Tway, Tatiana)
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Filing 24
** TEXT ONLY ORDER **ORDER granting #19 Motion to Admit Paul Foley Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 12/30/2022. (lak)
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Filing 23
Brief in Opposition by Defendant Swedish Haircare, Inc. re: #2 Motion for TRO (Foley, Paul)
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Filing 22
Disregard. Modified on 12/30/2022. (lak)
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Filing 21
Response to Proposed Findings of Fact filed by Defendant Swedish Haircare, Inc. re: #2 Motion for TRO (Foley, Paul)
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Filing 20
Motion to Appear by Telephone at 01/09/2023 Evidentiary Hearing by Defendant Swedish Haircare, Inc.. (Foley, Paul)
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Filing 19
Motion to Admit Paul Foley Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3174165.) by Defendant Swedish Haircare, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Foley, Paul)
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Filing 18
** TEXT ONLY ORDER **Plaintiff Brava Salon Specialists, LLC has filed this suit for breach of a dealership agreement against Swedish Haircare, Inc., contending that the court has jurisdiction under 28 U.S.C. 1332. Dkt. #1 . Brava alleges that diversity jurisdiction is present because it is a citizen of Wisconsin, while defendant Swedish Haircare, Inc. is a citizen of Massuchusetts. However, the citizenship of a limited liability company like Brava is determined by the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). And if any of the members of Brava are themselves LLCs, partnerships, or other similar entities, then the citizenship of those members and partners much be alleged as well. See Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002 (per curiam). Brava has not provided information sufficient to determine its citizenship. Accordingly, not later than January 4, 2023, Brava should file and serve an amended complaint containing good-faith allegations sufficient to establish complete diversity of citizenship. The court will dismiss the complaint for lack of jurisdiction if Brava does not file an amended complaint by that deadline. Signed by District Judge William M. Conley on 12/29/2022. (jls)
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Filing 17
** TEXT ONLY ORDER **Consent to proceed before a United State Magistrate Judge (dkt. #16 ) is DENIED notwithstanding any provision of law under 28 U.S.C. 636(c). Signed by District Judge William M. Conley on 12/29/2022. (jls)
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Filing 16
Consent to Jurisdiction by US Magistrate Judge (Mandell, Jeffrey)
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Filing 15
Affidavit of Service by Plaintiff. (Mandell, Jeffrey)
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Filing 14
Affidavit of Service re: #13 Order, (Attachments: #1 Exhibit A - Email Communication - 12.9.22, #2 Exhibit B - Letter and Certified Mail Receipt - 12.12.22) (Mandell, Jeffrey)
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Filing 13
ORDER Temporary Restraining Order; sets hearing on PI set for Jan. 9, 2023 at 9:00 a.m. Signed by District Judge William M. Conley on 12/09/2022. (mfh)
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Set Deadlines and Hearings re: #2 Motion for Temporary Restraining Order and Preliminary Injunction. Brief in Opposition due 12/30/2022. Injunctive Hearing set for 1/9/2023 at 9:00 AM before District Judge William M. Conley. #Procedure to be followed on Motions for Injunctive Relief attached. (arw)
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Minute Entry for proceedings held before District Judge William M. Conley: Telephonic Hearing held on TRO #35 (mfh)
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Filing 12
Affidavit of Service by Plaintiff. Swedish Haircare, Inc. served on 12/8/2022, answer due 12/29/2022. (Mandell, Jeffrey)
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Filing 11
Exhibit to #2 Motion for TRO Proposed Order (Mandell, Jeffrey)
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Filing 10
** TEXT ONLY ORDER ** The court has received plaintiff Brava Salon Specialists, LLC's motion (dkt. #2 ) which appears to state sufficient grounds for a temporary restraining order granting at least some relief pending hearing on its motion for a preliminary injunction. However, the vague language of the proposed order (dkt. #3 , p. 24) is insufficient for this court to fashion that relief. Accordingly, plaintiff is directed to propose no later than noon tomorrow, December 8, 2022, revised language for a TRO focused specifically on the relief plaintiff maintains it is entitled to receive on an interim basis. Absent the filing of proof of service on defendant Swedish Haircare, Inc. on or before 5 pm on December 8, 2022, plaintiff must also provide an affidavit describing the steps taken to serve defendant. Plaintiff should also be prepared to discuss the TRO language at a telephonic hearing at 3:30 pm on December 9, 2022. Should defendant Swedish Haircare, Inc., wish to participate in that hearing, its counsel should make arrangements through the clerk's office. Signed by District Judge William M. Conley on 12/7/2022. (rks)
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Filing 9
Summons Issued as to Swedish Haircare, Inc. (lak)
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Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak)
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Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak)
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Set/Reset Hearings: Telephonic Hearing set for 12/9/2022 at 03:30 PM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (rks)
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Filing 8
Notice of Appearance filed by Isaac Stern Brodkey for Plaintiff Brava Salon Specialists, LLC. (Brodkey, Isaac) Modified on 12/7/2022: Added counsel. (lak)
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Filing 7
Notice of Appearance filed by Rachel Elizabeth Snyder for Plaintiff Brava Salon Specialists, LLC. (Snyder, Rachel) Modified on 12/7/2022: Added counsel. (lak)
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Filing 6
Corporate Disclosure Statement by Plaintiff Brava Salon Specialists, LLC. (Mandell, Jeffrey)
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Filing 5
Proposed Findings of Fact filed by Plaintiff Brava Salon Specialists, LLC re: #2 Motion for TRO and Preliminary Injunction (Mandell, Jeffrey)
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Filing 4
Declaration of James P. Marcks filed by Plaintiff Brava Salon Specialists, LLC re: #2 Motion for TRO (Attachments: #1 Exhibit A-Distributor Agreement and Amendments, #2 Exhibit B-Photo of Award for Outstanding Educational Program, #3 Exhibit C-Photo of 2021 Distributor of Year Award, #4 Exhibit D - 12.7.21 Email Communication, #5 Exhibit E - 2.9.22 Email Communication, #6 Exhibit F - 3.21.22 Text Communication, #7 Exhibit G - Amazon Search - REF, #8 Exhibit H - 12.5.22 Order Detail, #9 Exhibit I - 11.30.22 Email Communication) (Mandell, Jeffrey)
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Filing 3
Brief in Support of #2 Motion for TRO and Preliminary Injunction by Plaintiff Brava Salon Specialists, LLC (Attachments: #1 Exhibit 1-Kaeser Compressors v. Compressor and Pump Repair, #2 Exhibit 2-Rustic Retreats v. Pioneer) (Mandell, Jeffrey)
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Filing 2
Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Brava Salon Specialists, LLC. (Mandell, Jeffrey)
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Filing 1
COMPLAINT against Swedish Haircare, Inc. ( Filing fee $ 402 receipt number AWIWDC-3164105.), filed by Brava Salon Specialists, LLC. (Attachments: #1 Exhibit Ex. A - Distributor Agreement & Amendments, #2 Exhibit Ex. B - Photo of Award for Outstanding Educational Program, #3 Exhibit Ex. C - Photo of 2021 Distributor of Year Award, #4 Exhibit Ex. D - 12.7.21 Email Communication, #5 Exhibit Ex. E - 2.9.22 Email Communication, #6 Exhibit Ex. F - 3.21.22 Text Communication, #7 Exhibit Ex. G - Amazon Search - REF, #8 Exhibit Ex. H - 12.5.22 Order Detail, #9 Exhibit Ex. I - 11.30.22 Email Communication, #10 JS-44 Civil Cover Sheet Civil Cover Sheet, #11 Summons Summons) (Mandell, Jeffrey) Modified on 12/6/2022 (rks). Modified on 12/6/2022: Deleted duplicate plaintiff from database. E-mail sent to counsel re: duplicate text. (lak)
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