Case number 3:17-cv-00699
Servpro Intellectual Property, Inc. et al v. Zerorez Franchising Systems, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 24, 2019 | 82 | Stipulation of Dismissal (3) Docket Text: STIPULATION of Dismissal by Servpro Industries, Inc. (Lanquist, Edward) |
| Apr 24, 2019 | 83 | Order (1) Docket Text: ORDER OF DISMISSAL: Pursuant to the Stipulation of Dismissal and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims between the parties in connection with this matter are hereby DISMISSED WITH PREJUDICE. Signed by Judge Jon Phipps McCalla on 4/24/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
| Apr 24, 2019 | 84 | Judgment (1) Docket Text: JUDGMENT: This action having come before the Court on the Joint Stipulation of Dismissal, filed on April 24, 2019 (ECF No. 82), and the Court having entered an Order of Dismissal (ECF No. [83]). IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that, in accordance with the Order of Dismissal, this action is DISMISSED WITH PREJUDICE. Signed by Judge Jon Phipps McCalla on 4/24/19. (dt) Modified on 4/26/2019 (dt). |
| Jan 17, 2019 | 81 | Order (3) Docket Text: ORDER: Discovery due by 5/16/2019. Dispositive Motions due by 7/18/2019. Signed by Magistrate Judge Barbara D. Holmes on 1/17/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jan 11, 2019 | 80 | Notice of Hearing (4) Docket Text: NOTICE OF SETTING: The JURY TRIAL previously set in the above-styled cause has been RESET to MONDAY, OCTOBER 21, 2019 at 9:30 A.M. before Judge Jon Phipps McCalla at the US District Courthouse in Nashville, TN. The TELEPHONIC PRETRIAL CONFERENCE has been RESET to FRIDAY, OCTOBER 11, 2019 at 2:30 P.M. before Judge Jon Phipps McCalla. Counsel for the Plaintiff shall initiate the conference call prior to dialing Judge McCalla's chambers at 901-495-1291. The PROPOSED JOINT PRETRIAL ORDER must be furnished to the Court by 4:30 P.M. on OCTOBER 2, 2019.(gb) |
| Jan 10, 2019 | 79 | Order (1) Docket Text: ORDER RESETTING TRIAL DATES. Proposed Pretrial Order due by 10/2/2019. Jury Trial RESET for 10/21/2019 09:30 AM before Judge Jon Phipps McCalla. Telephonic Pretrial Conference set for 10/11/2019 02:30 PM before Judge Jon Phipps McCalla. Signed by Judge Jon Phipps McCalla on 1/10/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jan 9, 2019 | 78 | Main Document (5) Docket Text: Joint MOTION extension of deadlines by Servpro Industries, Inc., Servpro Intellectual Property, Inc. (Attachments: # (1) Attachment Proposed order granting requested relief) (Lanquist, Edward) |
| Jan 9, 2019 | 78 | Attachment Proposed order granting requested relief (3) |
| Aug 6, 2018 | 77 | Answer to Counterclaim (4) Docket Text: ANSWER to [76] Counterclaim by Servpro Industries, Inc., Servpro Intellectual Property, Inc. (Lanquist, Edward) |
| Jul 23, 2018 | 76 | Answer to Amended Complaint (24) Docket Text: ANSWER to [62] Amended Complaint, COUNTERCLAIM against Servpro Industries, Inc., Servpro Intellectual Property, Inc. by Zeroholding, LLC.(Everhart, Amy) |
| Jul 20, 2018 | 75 | Notice of Hearing (4) Docket Text: NOTICE of Setting: Jury Trial set for 7/23/2019 09:30 AM before Judge Jon Phipps McCalla at the US District Courthouse in Nashville, TN. Telephonic Pretrial Conference set for 7/12/2019 09:30 AM before Judge Jon Phipps McCalla. A PROPOSED JOINT PRETRIAL ORDER must be furnished to the Court by 4:30 P.M. on JULY 3, 2019.(gb) |
| Jul 18, 2018 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jon Phipps McCalla: Scheduling Conference held on 7/18/2018. Scott McLean Douglass appeared for the Plaintiff. Amy J. Everhart and S. Bradley Shipe appeared for the Defense. Jury Trial set for Tuesday, 7/23/2019 at 9:30 AM before Judge Jon Phipps McCalla at the US District Courthouse in Nashville, TN. Telephonic Pre-Trial Conference set for Friday, 7/12/2019 9:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order due 7/3/2019 by 4:30 PM. Scheduling order to be entered. (Court Reporter: Lisa Mayo) (af) |
| Jul 18, 2018 | 74 | Case Management Order (6) Docket Text: INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 8/29/2018. Discovery due by 3/14/2019. Dispositive Motions due by 4/18/2019. Proposed Pretrial Order due by 7/3/2019. Jury Trial set for 7/23/2019 09:30 AM before Judge Jon Phipps McCalla. Telephonic Pre-Trial Conference set for 7/12/2019 09:30 AM before Judge Jon Phipps McCalla. Signed by Judge Jon Phipps McCalla on 7/18/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jul 11, 2018 | 73 | Notice of Hearing (7) Docket Text: NOTICE of SETTING: Telephone Conference RESET for 7/18/2018 03:30 PM before Judge Jon Phipps McCalla. (gb) |
| Jul 9, 2018 | 72 | Order on Motion to Dismiss/Lack of Jurisdiction (16) Docket Text: ORDER: Zerorez's motion [63] to dismiss for lack of personal jurisdiction is GRANTED. Zeroholding's motion [65] to dismiss is GRANTED as to the claims against it for induced trademark infringement but DENIED as to the other claims against it. The claims remaining are Servpro's claims against Zeroholding for trademark infringement and unfair competition. Signed by Judge Jon Phipps McCalla on 7/9/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jun 21, 2018 | 71 | Notice (Other) (3) Docket Text: NOTICE by Zeroholding, LLC REGARDING ATTENDANCE AT TELEPHONIC HEARING (Everhart, Amy) |
| Jun 20, 2018 | 70 | Notice of Hearing (7) Docket Text: NOTICE of Hearing: Telephonic Scheduling Conference RESET for 7/13/2018 10:00 AM before Judge Jon Phipps McCalla. (gb) |
| May 23, 2018 | 69 | Reply to Response to Motion (12) Docket Text: REPLY to Response to Motion re [65] MOTION to Dismiss for Failure to State a Claim filed by Zerorez Franchising Systems, Inc. (Johnson, Michael) |
| May 22, 2018 | 68 | Main Document (13) Docket Text: RESPONSE in Opposition re [65] MOTION to Dismiss for Failure to State a Claim by Zeroholding filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc. (Attachments: # (1) Exhibit Exhibit 1_AdvantaClean Unpublished Opinion, Exhibit 1, # (2) Exhibit Exhibit 2_Burger King HAVE IT YOUR WAY Mark Reg. No. 961,016)(Lanquist, Edward) |
| May 22, 2018 | 68 | Exhibit Exhibit 1_AdvantaClean Unpublished Opinion, Exhibit 1 (12) |
| May 22, 2018 | 68 | Exhibit Exhibit 2_Burger King HAVE IT YOUR WAY Mark Reg. No. 961,016 (2) |
| May 21, 2018 | 67 | Main Document (21) Docket Text: RESPONSE in Opposition re [63] MOTION to Dismiss for Lack of Jurisdiction filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc. (Attachments: # (1) Exhibit Exhibit 1_AdvantaClean Unpublished Opinion, Exhibit 1, # (2) Exhibit Exhibit 2_Burger King HAVE IT YOUR WAY Mark Reg. No. 961,016)(Lanquist, Edward) |
| May 21, 2018 | 67 | Exhibit Exhibit 1_AdvantaClean Unpublished Opinion, Exhibit 1 (12) |
| May 21, 2018 | 67 | Exhibit Exhibit 2_Burger King HAVE IT YOUR WAY Mark Reg. No. 961,016 (2) |
| May 15, 2018 | 65 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: MOTION to Dismiss for Failure to State a Claim by Zeroholding, LLC. (Everhart, Amy) |
| May 15, 2018 | 66 | Memorandum in Support (11) Docket Text: MEMORANDUM in Support of [65] MOTION to Dismiss for Failure to State a Claim filed by Zeroholding, LLC. (Everhart, Amy) |
| May 8, 2018 | 63 | Motion to Dismiss/Lack of Jurisdiction (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction by Zerorez Franchising Systems, Inc. (Johnson, Michael) |
| May 8, 2018 | 64 | Memorandum in Support (23) Docket Text: MEMORANDUM in Support of [63] MOTION to Dismiss for Lack of Jurisdiction filed by Zerorez Franchising Systems, Inc. (Johnson, Michael) |
| May 1, 2018 | 61 | Order on Motion to Withdraw as Attorney (2) Docket Text: ORDER granting [57] Motion to Withdraw as Attorney. Attorney Douglas Berry terminated. Signed by Magistrate Judge Barbara D. Holmes on 5/1/18. (gb) |
| May 1, 2018 | 62 | Main Document (25) Docket Text: AMENDED COMPLAINT against Zeroholding, LLC, Zerorez Franchising Systems, Inc., filed by Servpro Intellectual Property, Inc., Servpro Industries, Inc. (Attachments: # (1) Exhibit Ex. 1_US Reg 4515449, # (2) Exhibit Ex. 2_US Reg 4515470, # (3) Exhibit Ex. 3_Zerorez FDD_2016, # (4) Exhibit Ex. 4_Zerorez FDD 2017, # (5) Exhibit Ex. 5_Other Sites Using HERE TO HELP, # (6) Exhibit Ex. 6_Zerorez Nashville Privacy Policy, # (7) Exhibit Ex. 7_Zerorez Nashville Infringing Use)(Lanquist, Edward) |
| May 1, 2018 | 62 | Exhibit Ex. 1_US Reg 4515449 (3) |
| May 1, 2018 | 62 | Exhibit Ex. 2_US Reg 4515470 (3) |
| May 1, 2018 | 62 | Exhibit Ex. 3_Zerorez FDD_2016 (164) |
| May 1, 2018 | 62 | Exhibit Ex. 4_Zerorez FDD 2017 (206) |
| May 1, 2018 | 62 | Exhibit Ex. 5_Other Sites Using HERE TO HELP (9) |
| May 1, 2018 | 62 | Exhibit Ex. 6_Zerorez Nashville Privacy Policy (6) |
| May 1, 2018 | 62 | Exhibit Ex. 7_Zerorez Nashville Infringing Use (3) |
| Apr 10, 2018 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Motion Hearing held on 4/10/2018. Scott McLean Douglass, Seth Ogden, & John Trigg appearing for the Plaintiff. Michael Johnson, John J. Griffin, Jr., S. Bradley Shipe, & Amy J. Everhart appearing for the Defense. Defendants William Shoop, Jim Stone, & Kim Garrett were also present on the call. Plaintiffs are allowed to take the deposition of defendant Kim Garrett within 28 days. Defense proof/sworn witnesses- William Shoop. Plaintiff may file an amended complaint by 5/8/2018. Defense may file an amended motion to dismiss by 6/1/2018. Motions to dismiss are hereby taken under advisement. Telephonic scheduling conference set for Thursday, 6/21/2018 at 2:30 PM before Judge Jon Phipps McCalla. (Court Reporter: Sandra Vaughn, Alpha Reporting) (af) |
| Apr 10, 2018 | 58 | Main Document (7) Docket Text: NOTICE by Servpro Industries, Inc., Servpro Intellectual Property, Inc. Notice of Other Evidence (Attachments: # (1) Exhibit 1-ZFS FDD 2017, # (2) Exhibit 2-ICAAN Reqs, # (3) Exhibit 3-GoDaddy Legal Agreement, # (4) Exhibit 4-Other Sites Using HTH, # (5) Exhibit 5-Other Kim Garrett Sites, # (6) Exhibit 6-Service Area, # (7) Exhibit 7-Zerorez Nashville_Website privacy Policy)(Douglass, Scott) |
| Apr 10, 2018 | 58 | Exhibit 1-ZFS FDD 2017 (205) |
| Apr 10, 2018 | 58 | Exhibit 2-ICAAN Reqs (5) |
| Apr 10, 2018 | 58 | Exhibit 3-GoDaddy Legal Agreement (23) |
| Apr 10, 2018 | 58 | Exhibit 4-Other Sites Using HTH (8) |
| Apr 10, 2018 | 58 | Exhibit 5-Other Kim Garrett Sites (27) |
| Apr 10, 2018 | 58 | Exhibit 6-Service Area (1) |
| Apr 10, 2018 | 58 | Exhibit 7-Zerorez Nashville_Website privacy Policy (9) |
| Apr 10, 2018 | 59 | Notice of Hearing (1) Docket Text: NOTICE of Hearing: Telephone Conference set for 6/21/2018 02:30 PM before Judge Jon Phipps McCalla. (gb) |
| Apr 10, 2018 | 60 | Order (1) Docket Text: ORDER: Telephonic Scheduling Conference set for 6/21/2018 02:30 PM before Judge Jon Phipps McCalla. Signed by Judge Jon Phipps McCalla on 4/10/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Apr 6, 2018 | N/A | Docket Annotation (0) Docket Text: NOTE TO FILER re: DE #[57]. This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (gb) |
| Apr 5, 2018 | 57 | Main Document (2) Docket Text: MOTION to Withdraw as Attorney by Kim Garrett, William Shupe, Jim Stone, Zeroholding, LLC, Zerorez Franchising Systems, Inc.. (Attachments: # (1) Exhibit 1 - Email Notice to Counsel)(Berry, Douglas) |
| Apr 5, 2018 | 57 | Exhibit 1 - Email Notice to Counsel (1) |
| Apr 3, 2018 | 56 | Notice (Other) (3) Docket Text: NOTICE Regarding Attendance at Telephonic Hearing by Servpro Industries, Inc., Servpro Intellectual Property, Inc. re [55] Notice of Hearing. (Lanquist, Edward) Modified text on 4/4/2018 (gb). |
| Apr 2, 2018 | 55 | Notice of Hearing (1) Docket Text: NOTICE of SETTING: A TELEPHONIC HEARING re: Motions [27] [39] Motions to Dismiss has been SET before Judge Jon Phipps McCalla for TUESDAY, APRIL 10, 2018 at 2:30 P.M. (Central). Counsel for the Defense shall initiate the conference call prior to dialing Judge McCallas chambers at 901-495-1291.(gb) |
| Mar 19, 2018 | 54 | Order (2) Docket Text: ORDER: The Court has considered the motion and finds that an evidentiary hearing is necessary to resolve the parties' dispute as to specific personal jurisdiction over the ZFS Defendants. Accordingly, the parties are ORDERED to appear for a telephonic evidentiary hearing at a date and time to be established by a setting letter to be entered later. The telephonic scheduling conference set for March 21, 2018, is hereby CONTINUED until the Court has disposed of the pending motions to dismiss. ([27],[39]) The date and time of the telephonic scheduling conference will be established by a setting letter to be entered later. Signed by Judge Jon Phipps McCalla on 3/19/18. (gb) |
| Mar 14, 2018 | 53 | Proposed Case Management Order (12) Docket Text: PROPOSED CASE MANAGEMENT ORDER filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Lanquist, Edward) |
| Mar 9, 2018 | 52 | Notice of Hearing (1) Docket Text: NOTICE of Hearing: Telephone Conference set for 3/21/2018 09:30 AM before Judge Jon Phipps McCalla. (gb) |
| Jan 22, 2018 | 51 | Notice (Other) (3) Docket Text: NOTICE by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc. of Withdrawal of Counsel (Rupp, Joshua) |
| Jan 17, 2018 | 50 | Order Reassigning Case (1) Docket Text: ORDER: Pursuant to the designation by the Sixth Circuit Court of Appeals that United States District Judge for the Western District of Tennessee may perform services in this district, it is hereby ORDERED that this case is TRANSFERRED to the Honorable Jon P. McCalla, for all purposes, including trial. Judge McCalla will schedule all case deadlines, including the trial date. The trial will be held in this district. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/17/18. (gb) |
| Jan 16, 2018 | 49 | Order on Motion to Continue (1) Docket Text: ORDER granting [47] Motion to Continue the initial case management conference. To allow additional time for reassignment of this case if appropriate, the January 23, 2018, is CANCELLED as provided herein. Signed by Magistrate Judge Barbara D. Holmes on 1/16/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jan 8, 2018 | 48 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [47] MOTION to Continue Initial Case Management Conference filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Lanquist, Edward) |
| Jan 4, 2018 | 47 | Motion to Continue (3) Docket Text: MOTION to Continue Initial Case Management Conference by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Johnson, Michael) |
| Oct 16, 2017 | 45 | Order on Motion for Leave (1) Docket Text: ORDER granting [44] Motion for Leave to to File Reply Memorandum. Signed by Magistrate Judge Barbara D. Holmes on 10/16/17. (gb) |
| Oct 16, 2017 | 46 | Reply to Response to Motion (10) Docket Text: REPLY to Response to Motion re [39] MOTION to Dismiss for Failure to State a Claim filed by Zeroholding, LLC. (gb) |
| Sep 22, 2017 | 44 | Main Document (3) Docket Text: MOTION for Leave to to File Reply Memorandum re [39] MOTION to Dismiss for Failure to State a Claim by Zeroholding, LLC. (Attachments: # (1) Attachment Proposed Reply)(Everhart, Amy) |
| Sep 22, 2017 | 44 | Attachment Proposed Reply (10) |
| Sep 14, 2017 | 43 | Main Document (13) Docket Text: RESPONSE in Opposition re [39] MOTION to Dismiss for Failure to State a Claim filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Attachments: # (1) Exhibit 1_AdvantaClean Order 20 Denying Mot to Dismiss, # (2) Exhibit 2_US Reg No 961,016)(Lanquist, Edward) |
| Sep 14, 2017 | 43 | Exhibit 1_AdvantaClean Order 20 Denying Mot to Dismiss (12) |
| Sep 14, 2017 | 43 | Exhibit 2_US Reg No 961,016 (2) |
| Sep 5, 2017 | N/A | Annotation - Bar Status (0) Docket Text: GA State Bar status verified as active for S. Bradley Shipe. (gb) |
| Sep 1, 2017 | 38 | Main Document (3) Docket Text: MOTION for attorney(s) S. Bradley Shipe to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2511701) by Zeroholding, LLC. (Attachments: # (1) Attachment Certificate of Good Standing, # (2) Attachment Proposed Order)(Everhart, Amy) |
| Sep 1, 2017 | 38 | Attachment Certificate of Good Standing (1) |
| Sep 1, 2017 | 38 | Attachment Proposed Order (2) |
| Sep 1, 2017 | 39 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: MOTION to Dismiss for Failure to State a Claim by Zeroholding, LLC. (Everhart, Amy) |
| Sep 1, 2017 | 40 | Memorandum in Support (11) Docket Text: MEMORANDUM in Support of [39] MOTION to Dismiss for Failure to State a Claim filed by Zeroholding, LLC . (Everhart, Amy) |
| Sep 1, 2017 | 41 | Appear Pro Hac Vice (3) Docket Text: ORDER granting [38] Motion for S. Bradley Shipe to Appear Pro Hac Vice. Signed by Magistrate Judge Barbara D. Holmes on 9/1/17. (gb) |
| Sep 1, 2017 | 42 | Business Entity Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed by Zeroholding, LLC. (Everhart, Amy) |
| Aug 25, 2017 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings:Initial Case Management Conference RESET for 1/23/2018 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (gb) |
| Aug 25, 2017 | 37 | Order on Motion to Continue (1) Docket Text: ORDER granting [36] Motion to Continue. The initial case management is RESCHEDULED for Tuesday, January 23, 2018, at 1:30 p.m., in Courtroom 764, U.S. Courthouse, 801 Broadway. Signed by Magistrate Judge Barbara D. Holmes on 8/25/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Aug 23, 2017 | N/A | Annotation - Bar Status (0) Docket Text: TN State Bar status verified as active for Michael A. Johnson and John J. Griffin, Jr. (gb) |
| Aug 23, 2017 | 36 | Motion to Continue (4) Docket Text: Second MOTION to Continue Initial Case Management Conference by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Johnson, Michael) |
| Aug 22, 2017 | 35 | Reply to Response to Motion (6) Docket Text: REPLY to Response to Motion re [27] MOTION to Dismiss or in the Alternative to Transfer Venue filed by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Johnson, Michael) |
| Aug 15, 2017 | 34 | Response in Opposition to Motion (26) Docket Text: RESPONSE in Opposition re [27] MOTION to Dismiss or in the Alternative to Transfer Venue filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Lanquist, Edward) |
| Aug 3, 2017 | N/A | Annotation - Bar Status (0) Docket Text: TN State Bar status verified as active for Amy J. Everhart. (gb) |
| Aug 3, 2017 | N/A | Docket Annotation (0) Docket Text: Note to Filer re DE# [29] and [30]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Please FILE a conformed Certificate of Service for these documents. (gb) |
| Aug 3, 2017 | 31 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE by Zeroholding, LLC re [29] Notice of Appearance (Everhart, Amy) |
| Aug 3, 2017 | 32 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE by Zeroholding, LLC re [30] Stipulation (Everhart, Amy) |
| Aug 3, 2017 | 33 | Order (1) Docket Text: ORDER: On August 1, 2017, Defendants filed a motion to dismiss or, in the alternative, to transfer venue and memorandum in support (Docket Entry Nos. [27]-[28]). Any response by Plaintiffs shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(b). An optional reply may be filed within seven (7) days of the filing of the response, and shall not exceed five (5) pages. Signed by Magistrate Judge Barbara D. Holmes on 8/3/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Aug 2, 2017 | 29 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Amy J. Everhart on behalf of Zeroholding, LLC (Everhart, Amy) |
| Aug 2, 2017 | 30 | Stipulation (2) Docket Text: STIPULATION EXTENDING ZEROHOLDING, LLCS, TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT by Zeroholding, LLC. (Everhart, Amy) |
| Aug 1, 2017 | 27 | Motion to Dismiss (3) Docket Text: MOTION to Dismiss or in the Alternative to Transfer Venue by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Rupp, Joshua) |
| Aug 1, 2017 | 28 | Main Document (27) Docket Text: MEMORANDUM in Support of [27] MOTION to Dismiss or in the Alternative to Transfer Venue filed by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc. . (Attachments: # (1) Exhibit A - Declaration of Shupe, # (2) Exhibit B - Declaration of Stone, # (3) Exhibit C - Declaration of Garrett, # (4) Exhibit D - Pacer Report, # (5) Exhibit E - Leadford Opinion, # (6) Exhibit F - 06/02/17 Correspondence)(Rupp, Joshua) |
| Aug 1, 2017 | 28 | Exhibit A - Declaration of Shupe (6) |
| Aug 1, 2017 | 28 | Exhibit B - Declaration of Stone (3) |
| Aug 1, 2017 | 28 | Exhibit C - Declaration of Garrett (4) |
| Aug 1, 2017 | 28 | Exhibit D - Pacer Report (3) |
| Aug 1, 2017 | 28 | Exhibit E - Leadford Opinion (4) |
| Aug 1, 2017 | 28 | Exhibit F - 06/02/17 Correspondence (4) |
| Jul 20, 2017 | 26 | Stipulation (3) Docket Text: STIPULATION Extending the ZFS Defendants' Time to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Burton, James) |
| Jul 18, 2017 | 25 | Summons Returned Executed (2) Docket Text: SUMMONS returned executed by Servpro Intellectual Property, Inc., Servpro Industries, Inc.. Zeroholding, LLC served on 7/12/2017. (Lanquist, Edward) |
| Jul 12, 2017 | 24 | Notice (Other) (4) Docket Text: NOTICE by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc. re [14] MOTION to Dismiss or, In The Alternative, To Transfer Venue - Withdrawal of Motion (Burton, James) |
| Jul 10, 2017 | 23 | Summons Issued (2) Docket Text: Summons issued as to Zeroholding, LLC. Service copies will be returned to counsel by mail. (gb) |
| Jul 7, 2017 | 20 | Main Document (24) Docket Text: RESPONSE in Opposition re [14] MOTION to Dismiss or, In The Alternative, To Transfer Venue filed by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Attachments: # (1) Exhibit Exhibit A_Declaration of Scott Douglass and supporting Exhibits 1-4)(Lanquist, Edward) |
| Jul 7, 2017 | 20 | Exhibit Exhibit A_Declaration of Scott Douglass and supporting Exhibits 1-4 (27) |
| Jul 7, 2017 | 21 | Main Document (25) Docket Text: AMENDED COMPLAINT against Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc., Zeroholding, LLC, filed by Servpro Intellectual Property, Inc., Servpro Industries, Inc.. (Attachments: # (1) Exhibit 1_US Reg 4515449, # (2) Exhibit 2_US Reg 4515470, # (3) Exhibit 3_Zerorez Nashville Privacy Policy, # (4) Exhibit 4_Zerorez Franchise Disclosure Document 2016, # (5) Exhibit 5_Nashville Website Infringement)(Lanquist, Edward) |
| Jul 7, 2017 | 21 | Exhibit 1_US Reg 4515449 (3) |
| Jul 7, 2017 | 21 | Exhibit 2_US Reg 4515470 (3) |
| Jul 7, 2017 | 21 | Exhibit 3_Zerorez Nashville Privacy Policy (6) |
| Jul 7, 2017 | 21 | Exhibit 4_Zerorez Franchise Disclosure Document 2016 (164) |
| Jul 7, 2017 | 21 | Exhibit 5_Nashville Website Infringement (3) |
| Jul 7, 2017 | 22 | Notice (Other) (2) Docket Text: NOTICE by Servpro Industries, Inc., Servpro Intellectual Property, Inc. re [21] Amended Complaint, Summons to be Issued to New Party (Lanquist, Edward) |
| Jul 5, 2017 | 19 | Stipulation (3) Docket Text: STIPULATION re [14] MOTION to Dismiss or, In The Alternative, To Transfer VenueFOR SECOND EXTENSION OF TIME TO RESPOND by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Lanquist, Edward) |
| Jun 28, 2017 | 18 | Stipulation (3) Docket Text: STIPULATION re [14] MOTION to Dismiss or, In The Alternative, To Transfer VenueFOR EXTENSION OF TIME TO RESPOND by Servpro Industries, Inc., Servpro Intellectual Property, Inc.. (Lanquist, Edward) |
| Jun 22, 2017 | 17 | Order (1) Docket Text: ORDER: On June 16, 2017, Defendants Kim Garrett, William Shupe, Jim Stone, and Zerorez Franchising Systems, Inc. filed a motion to dismiss or, in the alternative, to transfer venue and memorandum in support (Docket Entry Nos. [14]-[15]). Any response by Plaintiffs shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(b). An optional reply may be filed within seven (7) days of the filing of the response, and shall not exceed five (5) pages. Signed by Magistrate Judge Barbara D. Holmes on 6/22/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jun 20, 2017 | 16 | Appear Pro Hac Vice (1) Docket Text: ORDER granting [13] Motion for Joshua S. Rupp and James T. Burton to Appear Pro Hac Vice. Signed by Magistrate Judge Barbara D. Holmes on 6/20/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Jun 16, 2017 | 14 | Motion to Dismiss (3) Docket Text: MOTION to Dismiss or, In The Alternative, To Transfer Venue by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Berry, Douglas) |
| Jun 16, 2017 | 15 | Main Document (24) Docket Text: MEMORANDUM in Support of [14] MOTION to Dismiss or, In The Alternative, To Transfer Venue filed by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc. . (Attachments: # (1) Exhibit A - Declaration of William Shupe, # (2) Exhibit B - Declaration of Jim Stone, # (3) Exhibit C - Declaration of Kim Garrett, # (4) Exhibit D - Pacer Case Locator Civil Party Search)(Berry, Douglas) |
| Jun 16, 2017 | 15 | Exhibit A - Declaration of William Shupe (5) |
| Jun 16, 2017 | 15 | Exhibit B - Declaration of Jim Stone (3) |
| Jun 16, 2017 | 15 | Exhibit C - Declaration of Kim Garrett (4) |
| Jun 16, 2017 | 15 | Exhibit D - Pacer Case Locator Civil Party Search (3) |
| Jun 13, 2017 | N/A | Annotation - Bar Status (0) Docket Text: UT State Bar status verified as active for James T. Burton, Joshua S. Rupp. (gb) |
| Jun 12, 2017 | 13 | Main Document (2) Docket Text: MOTION for attorney(s) Joshua S. Rupp; James T. Burton to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-2460832) by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Attachments: # (1) Attachment Certificate of Good Standing - Burton, # (2) Attachment Certificate of Good Standing - Rupp, # (3) Attachment Proposed Order Granting Pro Hac Vice)(Berry, Douglas) |
| Jun 12, 2017 | 13 | Attachment Certificate of Good Standing - Burton (1) |
| Jun 12, 2017 | 13 | Attachment Certificate of Good Standing - Rupp (1) |
| Jun 12, 2017 | 13 | Attachment Proposed Order Granting Pro Hac Vice (2) |
| Jun 8, 2017 | N/A | Annotation - Bar Status (0) Docket Text: TN State Bar status verified as active for Douglas Berry. (gb) |
| Jun 8, 2017 | N/A | Annotation - PHV (0) Docket Text: NOTICE TO COUNSEL James T. Burton, Joshua S. Rupp: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 6/29/2017. (gb) |
| Jun 7, 2017 | 9 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Douglas Berry on behalf of All Defendants (Berry, Douglas) |
| Jun 7, 2017 | 10 | Business Entity Disclosure Statement (3) Docket Text: CORPORATE DISCLOSURE STATEMENT filed by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Berry, Douglas) |
| Jun 7, 2017 | 11 | Motion to Continue (4) Docket Text: MOTION to Continue by Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc.. (Berry, Douglas) |
| Jun 7, 2017 | 12 | Order on Motion to Continue (2) Docket Text: ORDER granting [11] Motion to Continue. The initial case management conference is RESCHEDULED to 2:00 p.m, Tuesday, September 12, 2017, in Courtroom No. 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Barbara D. Holmes on 6/7/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Apr 19, 2017 | 8 | Order (1) Docket Text: ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by District Judge Waverly D. Crenshaw, Jr on 4/19/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) |
| Apr 13, 2017 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS returned executed by Servpro Intellectual Property, Inc., Servpro Industries, Inc.. Zerorez Franchising Systems, Inc. served on 4/12/2017. (Lanquist, Edward) |
| Apr 12, 2017 | N/A | Annotation - Bar Status (0) Docket Text: State Bar status verified as active for Edward D. Lanquist, Jr, Scott McLean Douglass. (jw) |
| Apr 12, 2017 | 3 | Notice of Business Entity Disclosure Statement Filing Requirement (1) Docket Text: NOTICE of Corporate Disclosure Statement filing requirement. (jw) |
| Apr 12, 2017 | 4 | NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge (2) Docket Text: NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jw) |
| Apr 12, 2017 | 5 | Summons Issued (4) Docket Text: Summons issued as to Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc. Summons at intake for pickup. (jw) |
| Apr 12, 2017 | 6 | Notice of Case Management Conference (1) Docket Text: NOTICE of Initial Case Management Conference set for 6/12/2017 at 10:00 AM before Magistrate Judge Barbara D. Holmes. (jw) |
| Apr 10, 2017 | 1 | Main Document (17) Docket Text: COMPLAINT against Kim Garrett, William Shupe, Jim Stone, Zerorez Franchising Systems, Inc. (Filing fee $400, Receipt number 0650-2418281), filed by Servpro Intellectual Property, Inc., Servpro Industries, Inc.. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1 - US Reg 4515449, # (3) Exhibit 2 - US Reg 4515470, # (4) Exhibit 3 - Nashville site)(jw) |
| Apr 10, 2017 | 1 | Attachment Civil Cover Sheet (2) |
| Apr 10, 2017 | 1 | Exhibit 1 - US Reg 4515449 (3) |
| Apr 10, 2017 | 1 | Exhibit 2 - US Reg 4515470 (3) |
| Apr 10, 2017 | 1 | Exhibit 3 - Nashville site (3) |
| Apr 10, 2017 | 2 | Business Entity Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed by Servpro Industries, Inc. and Servpro Intellectual Property, Inc. (jw) |
