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Case number 1:21-cv-02141

Moran Industries, Inc. v. Polson et al > Documents

Date Field Doc. No.Description (Pages)
Sep 1, 2022 34 Certified Mail Returned Receipt (2)
Docket Text: Certified Mail Returned Receipt re [32] Order mailed to Jerrel Crocker. (ddm)
Aug 25, 2022 33 A.O. Form 120 (2)
Docket Text: AO Form 120 forwarded to Commissioner. (ddm)
Aug 25, 2022 32 Order on Motion for Default Judgment (29)
Docket Text: ORDER AND DEFAULT JUDGMENT. Plaintiff is awarded damages, jointly and severally against all three Defendants, in the amount of $760,951.35 for unpaid obligations under the Franchise Agreement, attorneys fees and litigation expenses in the amount of $28,770.00, and statutory damages in the amount of $500,000 for a total monetary award of $1,289,721.35. The Court enters equitable relief and a permanent injunction against all three Defendants as detailed in Part VII herein. Signed by Judge Steve C. Jones on 08/25/2022. (ddm)
Aug 25, 2022 N/A Terminated Case (0)
Docket Text: Civil Case Terminated. (ddm)
Aug 25, 2022 N/A Clerks Certificate of Mailing (0)
Docket Text: Clerk's Certificate of Mailing as to Alan C. Polson (via certified mail receipt #7020 3160 0002 2292 5643) and Jerrel Crocker (via certified mail receipt #7020 3160 0002 2292 5636) re [32] Order and Default Judgment. (ddm)
Jul 19, 2022 N/A Submission to District Judge (0)
Docket Text: Submission of Order and [31] Proposed Order to District Judge Steve C. Jones. (pdw)
Jul 15, 2022 31 Proposed Order (30)
Docket Text: PROPOSED ORDER and Default Judgment re: Order [30] MOTION for Default Judgment as to Defendants Alan C. Polson; Walls Management Group Inc.; and Marietta Transmission And Complete Car Care, LLC . (Stolze, Eric)
Jun 16, 2022 N/A Order (0)
Docket Text: The Motion for Default Judgment (Doc. No. [30]) filed on May 4, 2022 stands unopposed pursuant to Local Rule 7.1(B), NDGa. Accordingly, pursuant to the Court's standing instructions (as revised September 20, 2021), Plaintiff's Counsel is DIRECTED to submit a proposed order for the Court's review within thirty days of the entry of this Order. Entered by Judge Steve C. Jones on 06/16/2022. (ddm)
Jun 7, 2022 N/A Submission to District Judge (0)
Docket Text: Submission of [30] MOTION for Default Judgment as to Defendants Alan C. Polson; Walls Management Group Inc.; and Marietta Transmission And Complete Car Care, LLC , to District Judge Steve C. Jones. (rsg)
May 4, 2022 30 Affidavit of Eric D. Stolze (13)
May 4, 2022 30 Affidavit of Roni Bava (16)
May 4, 2022 30 Brief in Support (21)
May 4, 2022 30 Main Document (4)
Docket Text: MOTION for Default Judgment as to Defendants Alan C. Polson; Walls Management Group Inc.; and Marietta Transmission And Complete Car Care, LLC with Brief In Support by Moran Industries, Inc.. (Attachments: # (1) Brief in Support, # (2) Affidavit of Roni Bava, # (3) Affidavit of Eric D. Stolze)(Stolze, Eric)
Apr 13, 2022 29 Order on Motion for Order (6)
Docket Text: ORDER granting [28] Plaintiff's Motion to Strike Answer of, and for Entry of Default, as to Defendant Alan C. Polson and for an award of attorney's fees. The Clerk is to strike Defendant Polson's answer at Doc. No. [16] and enter a Clerk's entry of default against Defendant Polson. It is further ordered that attorney's fees in the amount of $210.00 are awarded to Plaintiff and against Defendant Polson for Defendant Polson's failure to comply with Federal Rule of Civil Procedure 16 and this Court's order at Doc. No. [24]. Defendant Polson shall pay said amount within thirty (30) days of the entry of this Order. Lastly, Plaintiff is to immediately file all appropriate motion(s) to proceed with this case toward final disposition. Signed by Judge Steve C. Jones on 04/13/2022. (ddm)
Apr 13, 2022 N/A Clerks Entry of Default (0)
Docket Text: Clerks Entry of Default as to Alan C. Polson entered per [29]. (ddm)
Apr 13, 2022 N/A Clerks Certificate of Mailing (0)
Docket Text: Clerk's Certificate of Mailing as to Alan C. Polson re [29] Order. (ddm)
Mar 9, 2022 N/A Submission to District Judge (0)
Docket Text: Submission of [28] MOTION for Order Striking Answer of, and for Entry of Default as to, Defendant Alan C. Polson and for an Award of Attorneys FeesMOTION for Attorney Fees MOTION to Strike to District Judge Steve C. Jones. (pdw)
Feb 14, 2022 28 Brief in Support (14)
Feb 14, 2022 28 Main Document (4)
Docket Text: MOTION to Strike Answer of, and for Entry of Default as to, Defendant Alan C. Polson and for an Award of Attorneys Fees with Brief In Support by Moran Industries, Inc.. (Attachments: # (1) Brief in Support)(Stolze, Eric) . Added MOTION for Attorney Fees, MOTION to Strike on 2/14/2022 (ddm).
Feb 3, 2022 N/A Submission to District Judge (0)
Docket Text: Submission of [26] Order directing Plaintiff's counsel to respond by 2/01/2022 to District Judge Steve C. Jones. (pdw)
Jan 14, 2022 N/A Clerks Certificate of Mailing (0)
Docket Text: Clerk's Certificate of Mailing as to Alan C. Polson re [26] Order. (ddm)
Jan 13, 2022 27 Scheduling Conference (1)
Docket Text: Minute Entry for proceedings held before Judge Steve C. Jones: Scheduling Conference held on 1/13/2022. This matter was noticed for a scheduling conference; however, only Plaintiff's Counsel appeared. Counsel for Plaintiff detailed his unsuccessful attempts to contact Defendant Polson prior to today's scheduling conference and requested that a default be entered against Defendant Polson (individually) so that all named defendants would now be in default and the case could move forward to quantifying a default judgment. Counsel also requested attorneys fees for today's appearance.The Court took the matter under advisement. (Court Reporter Viola Zbrowski)(pdw)
Jan 13, 2022 26 Order (4)
Docket Text: ORDER allowing Defendant Poison until FEBRUARY 1, 2022 to file a written response concerning his position as to the reasonableness of the amount of expenses/attorney's fees requested and whether his noncompliance/failure to appear was substantially justified or other circumstances make an award of expenses unjust. Plaintiff's request for default and attorney's fees is DEFERRED. Defendant Alan C. Poison shall respond to this Show Cause Order or before FEBRUARY 1,2022. Failure to respond may result in the sanctions of striking his answer/default and attorney's fees being entered against him. Signed by Judge Steve C. Jones on 1/13/2022. (ddm)
Jan 13, 2022 25 Affidavit (7)
Docket Text: AFFIDAVIT (Declaration) of Eric D. Stolze In Support Of Request For Attorneys' Fees by Moran Industries, Inc.. (Stolze, Eric)
Dec 17, 2021 N/A Clerks Certificate of Mailing (0)
Docket Text: Clerk's Certificate of Mailing as to Alan C. Polson re [24] Order Setting Hearing. (rsg)
Dec 16, 2021 24 Order (2)
Docket Text: ORDER setting Scheduling Conference for 1/13/2022 at 09:30 AM in ATLA Courtroom 1907 before Judge Steve C. Jones. Defendant Polson and Counsel for Plaintiff shall appear in person and be prepared to address their proposals for the entry of a scheduling order for this case. Signed by Judge Steve C. Jones on 12/16/2021. (rsg)
Oct 19, 2021 23 Order on Motion to Strike (4)
Docket Text: ORDER granting [21] Plaintiff's Motion to Strike Answer and for Entry of Default as to Marietta Transmission and Complete Car Care, LLC and directing the Clerk to strike the purported Answer at Doc. No. [12]. The Clerk is to enter default as to Defendant Marietta Transmission and Complete Car Care, LLC and remove the "represented by Jerrel Crocker, Registered Agent" information from the case-style. To the extent that Defendant Marietta Transmission desires to set aside the default or otherwise proceed in this case, it may only proceed through entry of appearance by a licensed attorney on its behalf. The Court sua sponte notes that this same ruling applies to Defendant Walls Management Group, Inc. as said corporation may not proceed in federal court without being represented by a licensed attorney. To this regard, the Court sua sponte strikes in part the purported answer at Doc. No. [16] as it pertains to Defendant Walls Management Group, Inc. The Answer (at Doc. No. [16]) stands as to Defendant Alan C. Polson. For purposes of perfecting the record, the Court directs the Clerk to remove the July 20, 2021 entry of Default as to Defendant Polson, as Plaintiff, through Counsel, has acknowledged (at Doc. No. [19, 2]) that Defendant Polson's answer was timely filed. The Clerk is further directed to mark Doc. Nos. [7], [8], and [9] as withdrawn pursuant to the Notice of filing at Doc. No. [11]. The Court also grants Plaintiff's request for a scheduling conference (as contained in the Joint Preliminary Report, Doc. No. [22], 9), which will be scheduled by the Court's Courtroom Deputy Clerk at a later date. Signed by Judge Steve C. Jones on 10/19/2021. (ddm)
Oct 19, 2021 N/A Clerks Entry of Default (0)
Docket Text: Clerks Entry of Default as to Marietta Transmission and Complete Car Care, LLC entered per [23] Order. (ddm)
Oct 19, 2021 N/A Clerks Certificate of Mailing (0)
Docket Text: Clerk's Certificate of Mailing as to Marietta Transmission and Complete Car Care, LLC, Alan C. Polson re [23] Order. (ddm)
Aug 24, 2021 N/A Submission to District Judge (0)
Docket Text: Submission of [21] MOTION to Strike [12] Answer of, and MOTION for Entry of Default as to, Marietta Transmission and Complete Car Care, LLC, to District Judge Steve C. Jones. (ddm)
Aug 18, 2021 22 Joint Preliminary Report and Discovery Plan (17)
Docket Text: Ex Parte JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Moran Industries, Inc.. (Stolze, Eric)
Aug 2, 2021 21 Motion to Strike (7)
Docket Text: MOTION to Strike [12] Answer of, and MOTION for Entry of Default as to, Marietta Transmission and Complete Car Care, LLC filed by Moran Industries, Inc. (Stolze, Eric) . Added MOTION for Default Judgment on 8/3/2021 and edit links (ddm).
Aug 2, 2021 20 Return of Service Executed (4)
Docket Text: Return of Service Executed by Moran Industries, Inc.. Marietta Transmission and Complete Car Care, LLC served on 6/29/2021, answer due 7/20/2021. (Stolze, Eric) Modified on 8/2/2021 to edit dates (ddm).
Jul 29, 2021 19 Main Document (7)
Docket Text: REPLY BRIEF re [15] MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc.(Response to Declaration of Alan Polson Individually and Walls Management Group) filed by Moran Industries, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stolze, Eric)
Jul 29, 2021 19 Exhibit A (3)
Jul 29, 2021 19 Exhibit B (3)
Jul 26, 2021 17 Response to Motion (5)
Docket Text: DECLARATION (RESPONSE) re [15] MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. filed by Alan C. Polson, Walls Management Group Inc.. (rsg)
Jul 26, 2021 18 Response to Motion (7)
Docket Text: DECLARATION (RESPONSE) re [15] MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. filed by Marietta Transmission and Complete Car Care, LLC. (rsg)
Jul 20, 2021 15 Memorandum of Law in Support of its Motion for Entry of Default (5)
Jul 20, 2021 15 Declaration of Moran's Counsel (3)
Jul 20, 2021 15 Main Document (4)
Docket Text: MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. by Moran Industries, Inc.. (Attachments: # (1) Declaration of Moran's Counsel, # (2) Memorandum of Law in Support of its Motion for Entry of Default)(Stolze, Eric)
Jul 20, 2021 14 Return of Service Executed (4)
Docket Text: Return of Service Executed by Moran Industries, Inc.. Walls Management Group Inc. served on 6/28/2021, answer due 7/19/2021. (Stolze, Eric)
Jul 20, 2021 13 Return of Service Executed (4)
Docket Text: Return of Service Executed by Moran Industries, Inc.. Alan C. Polson served on 6/28/2021, answer due 7/19/2021. (Stolze, Eric)
Jul 20, 2021 N/A Clerks Entry of Default (0)
Docket Text:ENTRY OF DEFAULT STRICKEN AS TO DEFENDANT POLSON PER [23] ORDER--- Clerks Entry of Default as to Alan C. Polson, Walls Management Group Inc. (ddm) Modified on 10/19/2021 (ddm).
Jul 19, 2021 16 Answer to Complaint (30)
Docket Text:STRICKEN IN PART PER [23] ORDER--- ANSWER to [1] COMPLAINT, with Jury Demand, by Alan C. Polson, Walls Management Group Inc. (ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/19/2021 to note answer is stricken as to Defendant Walls Management Group, Inc. (ddm).
Jul 19, 2021 12 Answer to Complaint (30)
Docket Text:STRICKEN PER [23] ORDER--- ANSWER to [1] COMPLAINT, with Jury Demand, filed by Marietta Transmission and Complete Car Care, LLC. Discovery ends on 12/16/2021.(ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/19/2021 (ddm).
Jun 21, 2021 11 Notice of Filing (3)
Docket Text: NOTICE Of Filing Withdrawal of Proofs of Service by Moran Industries, Inc. re [9] Return of Service Executed, [8] Return of Service Executed, [7] Return of Service Executed (Whitner, William)
Jun 7, 2021 10 Notice of Filing (6)
Docket Text: COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TOTHE HONORABLE STEVE C. JONES.(pdw)
Jun 4, 2021 9 Return of Service Executed (1)
Docket Text:WITHDRAWN PURSUANT TO [11] NOTICE OF FILING--- Return of Service Executed by Moran Industries, Inc.. Marietta Transmission and Complete Car Care, LLC served on 5/30/2021, answer due 6/21/2021. (Whitner, William) Modified on 10/19/2021 (ddm).
Jun 4, 2021 8 Return of Service Executed (1)
Docket Text:WITHDRAWN PURSUANT TO [11] NOTICE OF FILING--- Return of Service Executed by Moran Industries, Inc.. Walls Management Group Inc. served on 5/30/2021, answer due 6/21/2021. (Whitner, William) Modified on 10/19/2021 (ddm).
Jun 4, 2021 7 Return of Service Executed (1)
Docket Text:WITHDRAWN PURSUANT TO [11] NOTICE OF FILING--- Return of Service Executed by Moran Industries, Inc.. Alan C. Polson served on 5/30/2021, answer due 6/21/2021. (Whitner, William) Modified on 10/19/2021 (ddm).
May 26, 2021 6 A.O. Form 120 (2)
Docket Text: AO Form 120 forwarded to Commissioner. (rsg)
May 26, 2021 5 Summons Marietta Transmission (1)
May 26, 2021 5 Summons Walls (1)
May 26, 2021 5 Main Document (1)
Docket Text: Electronic Summons Issued as to Marietta Transmission and Complete Car Care, LLC, Alan C. Polson, Walls Management Group Inc.. (Attachments: # (1) Summons Walls, # (2) Summons Marietta Transmission)(rsg)
May 25, 2021 4 Proposed Summons (3)
Docket Text: PROPOSED SUMMONS filed by Moran Industries, Inc. for Alan C. Polson, Walls Management Group Inc., and Marietta Transmission and Complete Car Care, LLC (Whitner, William)
May 25, 2021 3 Proposed AO 120 (2)
Docket Text: PROPOSED AO 120 . (Whitner, William)
May 24, 2021 N/A AO Form 120 - Notice to Parties (0)
Docket Text: Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (eop)
May 21, 2021 2 Certificate of Interested Persons (4)
Docket Text: Certificate of Interested Persons by Moran Industries, Inc.. (eop)
May 21, 2021 1 Civil Cover Sheet (2)
May 21, 2021 1 Verification (2)
May 21, 2021 1 Exhibit -10 (7)
May 21, 2021 1 Exhibit -9 (7)
May 21, 2021 1 Exhibit -8 (3)
May 21, 2021 1 Exhibit -7 (3)
May 21, 2021 1 Exhibit -6 (3)
May 21, 2021 1 Exhibit -5 (5)
May 21, 2021 1 Exhibit -4 (42)
May 21, 2021 1 Exhibit -3 (3)
May 21, 2021 1 Exhibit -2 (12)
May 21, 2021 1 Exhibit -1 (4)
May 21, 2021 1 Main Document (67)
Docket Text: COMPLAINT filed by Moran Industries, Inc.. (Filing fee $402.00, receipt number AGANDC-10991740) (Attachments: # (1) Exhibit -1, # (2) Exhibit -2, # (3) Exhibit -3, # (4) Exhibit -4, # (5) Exhibit -5, # (6) Exhibit -6, # (7) Exhibit -7, # (8) Exhibit -8, # (9) Exhibit -9, # (10) Exhibit -10, # (11) Verification, # (12) Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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