Case number 1:21-cv-04126
9Round Franchising, LLC v. EVX, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 7, 2022 | 31 | order (30) Docket Text: STIPULATED INJUNCTION AND ORDER OF DISMISSAL Signed by the Honorable Franklin U. Valderrama on 1/7/2022. Mailed notice (axc). |
| Jan 7, 2022 | 30 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: Enter Stipulated Injunction and Order of Dismissal. Pursuant to the stipulation [29] and Fed. R. Civ. P. 41(a)(1)(A)(ii), the case is dismissed with prejudice, with each party to bear his/its own attorneys' fees and costs. Plaintiff's Motion for Preliminary Injunction [4] is stricken as moot. Civil case terminated. Mailed notice (axc). |
| Jan 6, 2022 | 29 | other (30) Docket Text: Stipulated Injunction and Order of Dismissal by 9Round Franchising, LLC (Milam, Kelly) |
| Dec 28, 2021 | 28 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' stipulated injunction and order of dismissal [27]. Every order granting an injunction must "(A) state the reasons why it issued; (B) state its terms specifically; and (C) describe in reasonable detail--and not by referring to the complaint or other document--the act or acts restrained or required." Fed. R. Civ. P. 65(d)(1). Accordingly, the proposed order should "be a self-contained document rather than incorporate by reference materials in other documents," in order to "minimize disputes over what has been enjoined." Dupuy v. Samuels, 465 F.3d 757, 758 (7th Cir. 2006). Here, it appears from the language of the proposed injunction order that the parties refer to other documents and terms defined in other documents to describe the acts restrained or required by the injunction. The parties shall therefore submit a revised proposed order to this Court's proposed order box by 01/06/2022 that complies with Rule 65(d)(1). Mailed notice (axc). |
| Dec 22, 2021 | 27 | stipulation of dismissal (3) Docket Text: STIPULATION of Dismissal and Injunction (Milam, Kelly) |
| Dec 22, 2021 | 26 | limited appearance for settlement (1) Docket Text: LIMITED APPEARANCE FOR SETTLEMENT by Christopher Shawn Jones for Defendant EVX, LLC (Jones, Christopher) |
| Dec 17, 2021 | 25 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Battinus Defendants' Motion for Extension of Time for Answer to Complaint and Response to Motion for Preliminary Injunction [24] is granted in part and denied in part. The Court finds that there is cause to extend the deadline in light of the Battinus Defendants' recent retention of counsel and the parties' ongoing settlement negotiations. However, the proposed extended deadline has passed, and the Battinus Defendants have still not filed an answer or response to the preliminary injunction motion. The Court therefore orders the parties to file a joint status report by no later than 12/21/2021. The joint status report shall include a proposed date for the Battinus Defendants' answer and response to preliminary injunction motion, as well as an update on settlement progress. Mailed notice (axc). |
| Nov 18, 2021 | 24 | motion for extension of time to file answer (4) Docket Text: MOTION by Defendants Jeff Battinus, Jim Battinus, Ken Battinus for extension of time to file answer and response to motion for preliminary injunction (joined by Ken Battinus) (Fox, Thomas) |
| Nov 12, 2021 | 23 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Jeff Battinus, Jim Battinus by Thomas John Fox (Fox, Thomas) |
| Nov 11, 2021 | 22 | answer to complaint (1) Docket Text:Appearance only ANSWER to Complaint on behalf of by Ken Battinus(Jones, Christopher) |
| Oct 28, 2021 | 21 | certificate of service (1) Docket Text: CERTIFICATE of Service of 10/28/2021 Minute Entry by Kelly Virginia Milam on behalf of 9Round Franchising, LLC regarding set deadlines,,,,,,,, [18] (Milam, Kelly) |
| Oct 28, 2021 | 20 | status report (11) Docket Text: AMENDED INDIVIDUAL STATUS Report by Jeffrey Battinus. (Exhibits). (jn, ) |
| Oct 28, 2021 | 19 | status report (7) Docket Text: AMENDED INDIVIDUAL STATUS Report by James Battinus. (Exhibits). (jn, ) |
| Oct 28, 2021 | 18 | set deadlines (2) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the status reports filed by Plaintiff 9Round Franchising, LLC, Defendant Jeff Battinus, and Defendant James Battinus [15, 16, 17]. Notably, Defendant EVX, LLC and Defendant Ken Battinus have not filed status reports as instructed by the Court's 10/21/2021 Order. As the Court noted in its 08/04/2021 Order, because motions for preliminary injunction should not be resolved ex parte, the Court will enter a briefing schedule once Defendants have been served and have answered or otherwise responded to the complaint. All Defendants have now been served. Defendant Jeff Battinus and Defendant James Battinus have noted that they are in the process of retaining counsel. ALL Defendants have until November 11, 2021 to file appearance forms whether they be represented by retained counsel or whether they will be representing themselves pro se. Defendant EVX, LLC is advised that because it is a corporate entity, it must be represented by counsel and cannot appear pro se. See Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 20102 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."); Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985) ("[C]orporations must appear by counsel or not at all."). ALL Defendants have until November 18, 2021 to file both answers and responses to the pending motion for preliminary injunction [4]. Plaintiff 9Round Franchising, LLC has until November 30, 2021 to reply to any response brief filed. Defendants are warned that if they do not file answers and responses by November 18, 2021, the Court will proceed with resolving the motion for preliminary injunction without input from Defendants. Plaintiff 9Round Franchising, LLC is instructed to send this Order to all Defendants. Mailed notice (axc). |
| Oct 27, 2021 | 17 | status report (5) Docket Text: STATUS Report and Proposed Pretrial and Discovery Schedule by 9Round Franchising, LLC (Milam, Kelly) |
| Oct 26, 2021 | 16 | status report (7) Docket Text: INDIVIDUAL STATUS Report by James Battinus. (Exhibits). (jn, ) |
| Oct 26, 2021 | 15 | status report (6) Docket Text: INDIVIDUAL STATUS Report by Jeff Battinus. (Exhibits). (jn, ) |
| Oct 21, 2021 | 14 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: On 08/03/2021, this Court instructed the parties to file a joint status report within 14 days of completed service. It appears that service was completed as of 10/04/2021, but no joint status report (or individual status report, for that matter) was filed on 10/18/2021. The Court once again instructs the parties to file a joint status report on or before 10/28/2021. If a joint status report is not possible, each party should file an individual status report on that date. Plaintiff should indicate whether it intends to move forward with its motion for preliminary injunction and/or move for default. Should Plaintiff fail to file a status report by the deadline, the Court may dismiss this action for want of prosecution. Mailed notice (axc). |
| Oct 4, 2021 | 13 | summons returned executed (3) Docket Text: SUMMONS Returned Executed by 9Round Franchising, LLC as to Ken Battinus on 9/28/2021, answer due 10/19/2021. (Milam, Kelly) |
| Sep 24, 2021 | N/A | alias summons issued (0) Docket Text: ALIAS Summons Issued as to Defendant Ken Battinus. (ak, ) |
| Aug 31, 2021 | 9 | Affidavit Affidavit of Service (2) |
| Aug 31, 2021 | 9 | Main Document (2) Docket Text: SUMMONS Returned Executed by 9Round Franchising, LLC as to EVX, LLC on 8/20/2021, answer due 9/10/2021. (Attachments: # (1) Affidavit Affidavit of Service)(Milam, Kelly) |
| Aug 31, 2021 | 10 | Main Document (2) Docket Text: SUMMONS Returned Executed by 9Round Franchising, LLC as to Jim Battinus on 8/15/2021, answer due 9/6/2021. (Attachments: # (1) Affidavit Affidavit of Service)(Milam, Kelly) |
| Aug 31, 2021 | 10 | Affidavit Affidavit of Service (1) |
| Aug 31, 2021 | 11 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by 9Round Franchising, LLC as to Jeff Battinus on 8/15/2021, answer due 9/6/2021. (Milam, Kelly) |
| Aug 31, 2021 | 12 | Main Document (2) Docket Text: SUMMONS Returned Executed by 9Round Franchising, LLC (Attachments: # (1) Affidavit Amended Affidavit of Service)(Milam, Kelly) |
| Aug 31, 2021 | 12 | Affidavit Amended Affidavit of Service (1) |
| Aug 9, 2021 | N/A | alias summons issued (0) Docket Text: ALIAS Summons Issued as to Defendant EVX, LLC. (jmk, ) |
| Aug 5, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendants Jeff Battinus, Jim Battinus, Ken Battinus, EVX, LLC (cp, ) |
| Aug 4, 2021 | 8 | text entry (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: On 8/3/3021, Plaintiff filed a motion for preliminary injunction [4] simultaneously with its complaint [1]. Because motions for preliminary injunction should not be resolved ex parte, the Court will enter a briefing schedule once Defendants have been served and have answered or otherwise responded to the complaint. Within 14 days of completed service, the parties are instructed to file a joint status report, indicating that service has been effectuated and the timeline for Defendants to answer or otherwise respond to the complaint. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Mailed notice (axc). |
| Aug 4, 2021 | 7 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (gw, ) |
| Aug 4, 2021 | 6 | Patent/Trademark report (2) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (gw, ) |
| Aug 3, 2021 | 5 | memorandum in support of motion (13) Docket Text: MEMORANDUM by 9Round Franchising, LLC in support of motion for preliminary injunction[4] (Milam, Kelly) |
| Aug 3, 2021 | 4 | Text of Proposed Order (2) |
| Aug 3, 2021 | 4 | Main Document (4) Docket Text: MOTION by Plaintiff 9Round Franchising, LLC for preliminary injunction (Attachments: # (1) Text of Proposed Order)(Milam, Kelly) |
| Aug 3, 2021 | 3 | civil cover sheet (2) Docket Text: CIVIL Cover Sheet (Milam, Kelly) |
| Aug 3, 2021 | 2 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff 9Round Franchising, LLC by Kelly Virginia Milam (Milam, Kelly) |
| Aug 3, 2021 | 1 | Civil Cover Sheet Civil Cover Sheet (2) |
| Aug 3, 2021 | 1 | Exhibit K (7) |
| Aug 3, 2021 | 1 | Exhibit J (2) |
| Aug 3, 2021 | 1 | Exhibit I (7) |
| Aug 3, 2021 | 1 | Exhibit H (3) |
| Aug 3, 2021 | 1 | Exhibit G (2) |
| Aug 3, 2021 | 1 | Exhibit F (2) |
| Aug 3, 2021 | 1 | Exhibit E (3) |
| Aug 3, 2021 | 1 | Exhibit D (3) |
| Aug 3, 2021 | 1 | Exhibit C (2) |
| Aug 3, 2021 | 1 | Exhibit B (67) |
| Aug 3, 2021 | 1 | Exhibit A (54) |
| Aug 3, 2021 | 1 | Main Document (11) Docket Text: COMPLAINT FOR INJUNCTIVE RELIEF filed by 9Round Franchising, LLC; Filing fee $ 402, receipt number 0752-18528120. (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) Civil Cover Sheet Civil Cover Sheet)(Milam, Kelly) |
| Aug 3, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (mp, ) |
