Case number 3:18-cv-02446
FRUTTA BOWL FRANCHISING, LLC v. BITNER et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 4, 2019 | 31 | Order (1) Docket Text: ORDER that the amended complaint filed by Frutta Bowls Franchising, LLC be withdrawn and dismissed without prejudice. Signed by Chief Judge Freda L. Wolfson on 6/04/2019. (jem) |
| Jun 4, 2019 | N/A | Terminated Case (0) Docket Text: ***Civil Case Terminated. (jem) |
| May 28, 2019 | 30 | Letter (1) Docket Text: Letter from Spadea Lignana, Joel Schwartz, Esquire. (SCHWARTZ, JOEL) |
| Dec 10, 2018 | 29 | Order on Motion to Dismiss (1) Docket Text: ORDER that the Florida LLC's [17] Motion to Dismiss is granted. All claims against the Florida LLCs are dismissed without prejudice for lack of personal jurisdiction. Signed by Judge Freda L. Wolfson on 12/10/2018. (mps) |
| Dec 10, 2018 | 28 | Opinion (11) Docket Text: OPINION filed. Signed by Judge Freda L. Wolfson on 12/10/2018. (mps) |
| Nov 1, 2018 | 27 | Stipulation and Order (3) Docket Text: STIPULATION AND ORDER of Settlement as to JUSTIN BITNER. Signed by Judge Freda L. Wolfson on 11/1/2018. (mmh) |
| Nov 1, 2018 | N/A | QC - Proposed Orders (0) Docket Text:CLERK'S QUALITY CONTROL MESSAGE - The [26] Proposed Settlement Agreement submitted by Joel Schwartz on 10/31/2018 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice as found on our website. This submission will remain on the docket unless otherwise ordered by the court. (mmh) |
| Oct 31, 2018 | 26 | Settlement Agreement (aty) (3) Docket Text: SETTLEMENT AGREEMENT for Defendant Bitner Only by FRUTTA BOWL FRANCHISING, LLC. (SCHWARTZ, JOEL) |
| Jul 13, 2018 | 25 | Certificate of Service (2) |
| Jul 13, 2018 | 25 | Main Document (14) Docket Text: REPLY BRIEF to Opposition to Motion filed by ACAI GROUP, LLC, JUSTIN BITNER, GRAIN & BERRY CAFE, LLC re [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief (Attachments: # (1) Certificate of Service)(DEFILIPPIS, DANIELLE) |
| Jul 12, 2018 | 24 | Order (2) Docket Text: LETTER ORDER that that the Moving Defendants' Reply re: [17] Motion to Dismiss is due on 7/13/2018. Signed by Judge Freda L. Wolfson on 7/11/2018. (mmh) |
| Jul 11, 2018 | 23 | Letter (2) Docket Text: Letter from Counsel for Defendants Justin Bitner, Grain & Berry Cafe, LLC, Acai Group, LLC ("Moving Defendants") confirming Moving Defendant's time to file reply in further support of Motion to Dismiss/Return Date Unchanged-July 16, 2018 re [21] Memorandum in Opposition of Motion, [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief. (DEFILIPPIS, DANIELLE) |
| Jul 11, 2018 | 22 | Letter Rule 7.1 (2) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by ACAI GROUP, LLC, JUSTIN BITNER, GRAIN & BERRY CAFE, LLC re [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief (DEFILIPPIS, DANIELLE) |
| Jul 9, 2018 | 21 | Certification of Pat Gagliano (3) |
| Jul 9, 2018 | 21 | Certification of Brooke Gagliano (3) |
| Jul 9, 2018 | 21 | Main Document (45) Docket Text: MEMORANDUM in Opposition filed by FRUTTA BOWL FRANCHISING, LLC re [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief (Attachments: # (1) Certification of Brooke Gagliano, # (2) Certification of Pat Gagliano)(SCHWARTZ, JOEL) |
| Jun 27, 2018 | N/A | Notice of Pro Hac Vice counsel added (0) Docket Text: Pro Hac Vice counsel, STEPHANIE S. SPANGLER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mmh) |
| Jun 26, 2018 | 20 | Notice of Pro Hac Vice to Receive NEF (1) Docket Text: Notice of Request by Pro Hac Vice Stephanie S. Spangler to receive Notices of Electronic Filings. (DEFILIPPIS, DANIELLE) |
| Jun 15, 2018 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Reset Deadlines as to [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief. Motion reset for 7/16/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) |
| Jun 14, 2018 | 19 | Letter Rule 7.1 (1) Docket Text: Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by FRUTTA BOWL FRANCHISING, LLC re [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief (SCHWARTZ, JOEL) |
| Jun 13, 2018 | N/A | Pro Hac Vice Fee Received (0) Docket Text: Pro Hac Vice fee: $ 150, receipt number NEW036693 RE; Stephanie S. Spangler. (cm, ) |
| Jun 1, 2018 | 18 | Order (2) Docket Text: CONSENT ORDER for pro hac vice admission of Stephanie S. Spangler, Esq. Signed by Magistrate Judge Douglas E. Arpert on 6/1/2018. (mmh) |
| Jun 1, 2018 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [17] Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief. Motion set for 7/2/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
| May 31, 2018 | 17 | Certificate of Service (2) |
| May 31, 2018 | 17 | Text of Proposed Order (Proposed) Order Granting Defendants Justin Bitner, Grain (2) |
| May 31, 2018 | 17 | Declaration Declaration of Jack E. Kessler, III in Support of Defendants Grain & (3) |
| May 31, 2018 | 17 | Brief Defendants Justin Bitner, Grain & Berry Cafe, LLC, and Acai Group LLC' (38) |
| May 31, 2018 | 17 | Main Document (2) Docket Text: Second MOTION to Dismiss The First Amended Complaint For Permanent Injunction and Other Equitable and Monetary Relief by ACAI GROUP, LLC, JUSTIN BITNER, GRAIN & BERRY CAFE, LLC. Responses due by 7/2/2018 (Attachments: # (1) Brief Defendants Justin Bitner, Grain & Berry Cafe, LLC, and Acai Group LLC's Brief in Support of their Motion to Dismiss the First Amended Complaint, # (2) Declaration Declaration of Jack E. Kessler, III in Support of Defendants Grain & Berry Cafe, LLC and Acai Group LLC's Motion to Dismiss the First Amended Complaint, # (3) Text of Proposed Order (Proposed) Order Granting Defendants Justin Bitner, Grain & Berry Cafe, LLC and Acai Group LLC's Motion to Dismiss the First Amended Complaint, # (4) Certificate of Service)(DEFILIPPIS, DANIELLE) |
| May 29, 2018 | 16 | Text of Proposed Consent Order (2) |
| May 29, 2018 | 16 | Exhibit A to Declaration of Stephanie S. Spangler, Esq. (3) |
| May 29, 2018 | 16 | Amended Declaration of Stephanie S. Spangler, Esq. in Support of Pro Hac Vice A (4) |
| May 29, 2018 | 16 | Declaration of Danielle M. DeFilippis, Esq. in Support of Pro Hac Vice Admissio (2) |
| May 29, 2018 | 16 | Main Document (2) Docket Text: Letter from Danielle M. DeFilippis, Esq.. (Attachments: # (1) Declaration of Danielle M. DeFilippis, Esq. in Support of Pro Hac Vice Admission, # (2) Amended Declaration of Stephanie S. Spangler, Esq. in Support of Pro Hac Vice Admission, # (3) Exhibit A to Declaration of Stephanie S. Spangler, Esq., # (4) Text of Proposed Consent Order)(DEFILIPPIS, DANIELLE) |
| May 29, 2018 | 15 | Text of Proposed Consent Order (2) |
| May 29, 2018 | 15 | Exhibit A to Declaration of Stephanie S. Spangler, Esq. (3) |
| May 29, 2018 | 15 | Declaration of Stephanie S. Spangler, Esq. in Support of Pro Hac Vice Admission (4) |
| May 29, 2018 | 15 | Declaration of Danielle M. DeFilippis, Esq. in Support of Pro Hac Vice Admissio (2) |
| May 29, 2018 | 15 | Main Document (2) Docket Text: Letter from Danielle M. DeFilippis, Esq.. (Attachments: # (1) Declaration of Danielle M. DeFilippis, Esq. in Support of Pro Hac Vice Admission, # (2) Declaration of Stephanie S. Spangler, Esq. in Support of Pro Hac Vice Admission, # (3) Exhibit A to Declaration of Stephanie S. Spangler, Esq., # (4) Text of Proposed Consent Order)(DEFILIPPIS, DANIELLE) |
| May 17, 2018 | N/A | Update Answer Due Deadline (0) Docket Text: Clerk`s Text Order - The document [14] Application for Clerk's Order to Ext Answer/Proposed Order submitted by ACAI GROUP, LLC, GRAIN & BERRY CAFE, LLC, JUSTIN BITNER has been GRANTED. The answer due date has been set for 5/31/2018. (mmh) |
| May 16, 2018 | 14 | Application for Clerk's Order to Ext Answer/Proposed Order (3) Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer. (DEFILIPPIS, DANIELLE) |
| May 9, 2018 | N/A | Order on Motion to Dismiss/Lack of Jurisdiction (0) Docket Text: TEXT ORDER denying [8] Motion to Dismiss for Lack of Jurisdiction. In light of Plaintiff's filing of an Amended Complaint, Defendants' motion to dismiss is denied without prejudice. Defendants may renew their motion, if appropriate. So Ordered by Judge Freda L. Wolfson on 5/9/2018. (Fang, W) |
| May 3, 2018 | 12 | Exhibit B-6 Pitaya Bowl Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-7 Power Bowl Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-8 Menu Display Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-9 Store layout Frutta (1) |
| May 3, 2018 | 12 | Exhibit C- Franchise lead (1) |
| May 3, 2018 | 12 | Exhibit D-1 Cease and Desist 1 (2) |
| May 3, 2018 | 12 | Exhibit D-2 Cease and Desist 2 (2) |
| May 3, 2018 | 12 | Exhibit B-5 Mason Jars Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-4 Lights above counter Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-3 Large Platter Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-2 Bai Drink Frutta (1) |
| May 3, 2018 | 12 | Exhibit B-1 Acai Bowl Frutta (1) |
| May 3, 2018 | 12 | Exhibit A-13 store layout G&B (1) |
| May 3, 2018 | 12 | Exhibit A-12 Power Bowl-G&B (1) |
| May 3, 2018 | 12 | Exhibit A-11 Pitaya bowl 2-G&B (1) |
| May 3, 2018 | 12 | Exhibit A-10 Pitaya Bowl 1-G&B (1) |
| May 3, 2018 | 12 | Exhibit A-9 Oatmeal bowls-G&B (1) |
| May 3, 2018 | 12 | Exhibit A-8 Mason jarsG&B (1) |
| May 3, 2018 | 12 | Exhibit A-7 Lights above counter and banana work station G&B (1) |
| May 3, 2018 | 12 | Exhibit A-6 Large platter G&B (1) |
| May 3, 2018 | 12 | Exhibit A-5 Frozen fruit container G&B (1) |
| May 3, 2018 | 12 | Exhibit A-4 Copy of frutt and frutella bowl G&B (1) |
| May 3, 2018 | 12 | Exhibit A-3 Bai Drink G&B (1) |
| May 3, 2018 | 12 | Exhibit A-2 Acai Bowl 3 G&B (1) |
| May 3, 2018 | 12 | Exhibit A-1 Acai Bowl 2 G&B (1) |
| May 3, 2018 | 12 | Main Document (34) Docket Text: AMENDED COMPLAINT First against Douglas Lang, Jack E Kessler, III, filed by FRUTTA BOWL FRANCHISING, LLC. (Attachments: # (1) Exhibit A-1 Acai Bowl 2 G&B, # (2) Exhibit A-2 Acai Bowl 3 G&B, # (3) Exhibit A-3 Bai Drink G&B, # (4) Exhibit A-4 Copy of frutt and frutella bowl G&B, # (5) Exhibit A-5 Frozen fruit container G&B, # (6) Exhibit A-6 Large platter G&B, # (7) Exhibit A-7 Lights above counter and banana work station G&B, # (8) Exhibit A-8 Mason jarsG&B, # (9) Exhibit A-9 Oatmeal bowls-G&B, # (10) Exhibit A-10 Pitaya Bowl 1-G&B, # (11) Exhibit A-11 Pitaya bowl 2-G&B, # (12) Exhibit A-12 Power Bowl-G&B, # (13) Exhibit A-13 store layout G&B, # (14) Exhibit B-1 Acai Bowl Frutta, # (15) Exhibit B-2 Bai Drink Frutta, # (16) Exhibit B-3 Large Platter Frutta, # (17) Exhibit B-4 Lights above counter Frutta, # (18) Exhibit B-5 Mason Jars Frutta, # (19) Exhibit B-6 Pitaya Bowl Frutta, # (20) Exhibit B-7 Power Bowl Frutta, # (21) Exhibit B-8 Menu Display Frutta, # (22) Exhibit B-9 Store layout Frutta, # (23) Exhibit C- Franchise lead, # (24) Exhibit D-1 Cease and Desist 1, # (25) Exhibit D-2 Cease and Desist 2)(SCHWARTZ, JOEL) |
| Apr 13, 2018 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Reset Deadlines as to [8] MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. Motion reset for 5/21/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
| Apr 13, 2018 | N/A | QC - Generic Message (0) Docket Text:CLERK'S QUALITY CONTROL MESSAGE - This message is in reference to the [11] Application for a Clerk's Extension. The Clerk has construed this as an application pursuant to Rule 7.1, as Rule 6.1 does not pertain to Dispositive Motions. Please be advised, for future reference, that applications pursuant to Rule 7.1 should be made in letter form and filed using the event Letter - Rule 7.1 found under Civil - Motions and Related Filings - Responses and Replies. (mmh) |
| Apr 12, 2018 | 11 | Application for Clerk's Order to Ext Answer/Proposed Order (2) Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Extending Time to Answer, Move or Otherwise Reply.. (SCHWARTZ, JOEL) |
| Apr 2, 2018 | N/A | Set/Reset Motion and R&R Deadlines/Hearings (0) Docket Text: Set Deadlines as to [8] MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. Motion set for 5/7/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) |
| Mar 30, 2018 | 10 | Corporate Disclosure Statement (aty) (1) Docket Text: Corporate Disclosure Statement by GRAIN & BERRY CAFE, LLC identifying Acai Group LLC as Corporate Parent.. (DEFILIPPIS, DANIELLE) |
| Mar 30, 2018 | 9 | Corporate Disclosure Statement (aty) (1) Docket Text: Corporate Disclosure Statement by ACAI GROUP, LLC. (DEFILIPPIS, DANIELLE) |
| Mar 30, 2018 | 8 | Certificate of Service Certificate of Service of Defendants' Motion to Dism (3) |
| Mar 30, 2018 | 8 | Text of Proposed Order Order Granting Defendants' Motion to Dismiss the Ver (2) |
| Mar 30, 2018 | 8 | Declaration Declaration of Jack Kessler, III in Support of Motion to Dismiss the (3) |
| Mar 30, 2018 | 8 | Brief Defendants' Brief in Support of Motion to Dismiss the Verified Compla (36) |
| Mar 30, 2018 | 8 | Main Document (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted by All Defendants. Responses due by 4/23/2018 (Attachments: # (1) Brief Defendants' Brief in Support of Motion to Dismiss the Verified Complaint Pursuant to Fed. R. Civ. P. Rule 12(b)(2) and 12(b)(6), # (2) Declaration Declaration of Jack Kessler, III in Support of Motion to Dismiss the Verified Complaint Pursuant to Fed. R. Civ. P. Rule 12(b)(2) and 12(b)(6), # (3) Text of Proposed Order Order Granting Defendants' Motion to Dismiss the Verified Complaint Pursuant to Fed. R. Civ. P. Rule 12(b)(2) and 12(b)(6), # (4) Certificate of Service Certificate of Service of Defendants' Motion to Dismiss the Verified Complaint Pursuant to Fed. R. Civ. P. Rule 12(b)(2) and 12(b)(6))(DEFILIPPIS, DANIELLE) |
| Mar 15, 2018 | N/A | Update Answer Due Deadline (0) Docket Text: Clerk`s Text Order - The document [7] Application for Clerk's Order to Ext Answer/Proposed Order submitted by ACAI GROUP, LLC, GRAIN & BERRY CAFE, LLC, JUSTIN BITNER has been GRANTED. The answer due date has been set for 3/30/2018. (mmh) |
| Mar 14, 2018 | 7 | Application for Clerk's Order to Ext Answer/Proposed Order (3) Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Extending Time to Answer, Move or Otherwise Reply.. (DEFILIPPIS, DANIELLE) |
| Feb 22, 2018 | 6 | Amended Document (1) Docket Text: AMENDED DOCUMENT by FRUTTA BOWL FRANCHISING, LLC. Amendment to [1] Complaint . (SCHWARTZ, JOEL) |
| Feb 22, 2018 | 5 | Summons Issued (2) Docket Text: SUMMONS ISSUED as to ACAI GROUP, LLC, JUSTIN BITNER, GRAIN & BERRY CAFE, LLC Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By *John Moller* (jem) |
| Feb 22, 2018 | 4 | Complaint (29) |
| Feb 22, 2018 | 4 | Main Document (1) Docket Text: AO120 Trademark Form filed. (Attachments: # (1) Complaint) (jem) |
| Feb 22, 2018 | N/A | QC - Document Not Signed by Attorney (0) Docket Text:CLERK'S QUALITY CONTROL MESSAGE - The Complaint submitted by Joel Schwartz, Esq. on 2/21/2018 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Joel Schwartz) This submission will remain on the docket unless otherwise ordered by the court. (jem) |
| Feb 21, 2018 | 3 | Corporate Disclosure Statement (aty) (1) Docket Text: Corporate Disclosure Statement by FRUTTA BOWL FRANCHISING, LLC. (SCHWARTZ, JOEL) |
| Feb 21, 2018 | 2 | Exhibit (to Document) (1) Docket Text: Exhibit to [1] Complaint by FRUTTA BOWL FRANCHISING, LLC. (SCHWARTZ, JOEL) |
| Feb 21, 2018 | 1 | Complaint (29) Docket Text: COMPLAINT against ACAI GROUP, LLC, JUSTIN BITNER, GRAIN & BERRY CAFE, LLC ( Filing and Admin fee $ 400 receipt number 0312-8494329) with JURY DEMAND, filed by FRUTTA BOWL FRANCHISING, LLC.(SCHWARTZ, JOEL) |
| Feb 21, 2018 | N/A | Add and Terminate Judges (0) Docket Text: Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (jjc, ) |
