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25MAG, CLOSED, STD
U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:07-cv-02111-LOA
FCC, Inc. v. Andrew P. Palmer et al Assigned to: Magistrate Judge Lawrence O Anderson Cause: 15:1051 Trademark Infringement
Date Filed: 10/30/2007 Date Terminated: 01/08/2008 Jury Demand: None Nature of Suit: 840 Trademark Jurisdiction: Federal Question
Plaintiff FCC, Inc. an Arizona foreign corporation of Franchise Capital Corporation, a Barbados corporation
represented by Jordan M Meschkow Meschkow & Gresham PLC 5727 N 7th St Ste 409 Phoenix , AZ 85014-5818 602-274-6996 Fax: 602-274-6970 Email:
[email protected] ATTORNEY TO BE NOTICED
V. Defendant Andrew P. Palmer an individual and his spouse
represented by Andrew P Palmer Andrew P Palmer & Associates 200 Cordwainer Dr Ste 301 Norwell , MA 02061-1671 (781)681-9811 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Franchise Institute, Inc. a Delaware corporation https://ecf.azd.uscourts.gov/cgi-bin/D…
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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ATTORNEY TO BE NOTICED Defendant TES Franchising L.L.C. a Conneticut limited liability company
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Terry O. Powell an individual
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Karen Powell his spouse
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Jane Doe Palmer
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Counter Claimant Karen Powell
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Counter Claimant Terry O. Powell
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Counter Claimant Jane Doe Palmer
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represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED 2/6
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ATTORNEY TO BE NOTICED Counter Claimant Andrew P. Palmer an individual and his spouse
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Counter Claimant Franchise Institute, Inc. a Delaware corporation
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Counter Claimant TES Franchising L.L.C. a Conneticut limited liability company
represented by Andrew P Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Counter Defendant FCC, Inc. an Arizona foreign corporation of Franchise Capital Corporation, a Barbados corporation
Date Filed
#
represented by Jordan M Meschkow (See above for address) ATTORNEY TO BE NOTICED
Docket Text
01/08/2008
22 ORDER DISMISSING CASE - The Court having considered the Notice of Dismissal, IT IS ORDERED THAT this case is dismissed in its entirety, with prejudice to all issues therein. Signed by Magistrate Judge Lawrence O Anderson on 1/7/08. (SAT) (Entered: 01/08/2008)
01/07/2008
21 NOTICE of Voluntary Case Dismissal by FCC, Inc. (Attachments: # 1 Text of Proposed Order)(Meschkow, Jordan) (Entered: 01/07/2008)
01/04/2008
20 NOTICE of Settlement of all parties by FCC, Inc. (Meschkow, Jordan) (Entered: 01/04/2008)
01/04/2008
19 ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that Dfts Andrew P. Palmer, his spouse, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell and Karen Powell, his spouse, show cause in writing on or before 1/18/2008 why this
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and Karen Powell, his spouse, show cause in writing on or before 1/18/2008 why this Court should not impose sanctions against them for failure to comply with this Court's Orders. Dfts may purge any sanctions by either consenting to magistrate judge jurisdiction or electing to have this case assigned to a district judge before the 1/18/2008 deadline. Signed by Magistrate Judge Lawrence O Anderson on 1/4/08. (SAT) (Entered: 01/04/2008) 12/06/2007
17 Cross MOTION to Strike re Defendants Opposition to Motion for Judgment by Default and Defendants Answer and Counterclaims also filed within document #16 by FCC, Inc.. (Attachments: # 1 Text of Proposed Order)(Meschkow, Jordan) (Entered: 12/06/2007)
12/06/2007
16 REPLY in Support re 10 MOTION for Default Judgment as to Defendants Andrew P. Palmer, his spouse, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell and Karen Powell and Plaintiff's Cross-Motion to Strike Defendants' Opposition to Motion for Judgment by Default and Defendants' Answer and Counterclaim filed by FCC, Inc.. (Attachments: # 1 Text of Proposed Order)(Meschkow, Jordan) (Entered: 12/06/2007)
12/03/2007
18 RESPONSE in Opposition re Plaintiff's 10 MOTION for Default Judgment against all defendants filed by Andrew P. Palmer, Franchise Institute, Inc., TES Franchising L.L.C., Jane Doe Palmer, Terry O. Powell, Karen Powell. (SAT) Modified on 12/7/2007 (SAT). DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. (Entered: 12/07/2007)
11/30/2007
15 NOTICE OF ASSIGNMENT AND ORDER - IT IS ORDERED that Dfts Andrew P. Palmer an individual, Andrew P. Palmer and his spouse, Franchise Institute, Inc., TES Franchising L.L.C., and Terry O. Powell, an individual, and Terry O. Powell and Karen Powell, his spouse shall each execute and file no later than 12/20/07 either a written consent to the exercise of authority by the magistrate judge or a written election to have the case reassigned to a United States district judge. FURTHER ORDERED that counsel and any party, if unrepresented, shall hereinafter comply with the Rules of Practice for the United States District Court for the District of Arizona, as amended on 12/1/06. Signed by Judge Lawrence O Anderson on 11/29/07. (SAT) (Entered: 11/30/2007)
11/28/2007
14 MOTION for Default Judgment as to Andrew P. Palmer, his spouse, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell and Karen Powell by FCC, Inc.. (Attachments: # 1 Text of Proposed Order)(Meschkow, Jordan) (Entered: 11/28/2007)
11/28/2007
13 Clerk's ENTRY OF DEFAULT as to Andrew P. Palmer, his spouse, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell and Karen Powell. (SAT) (Entered: 11/28/2007)
11/27/2007
12 ORDER - IT IS HEREBY ORDERED that Plaintiff's 10 Motion for Judgment by Default construed as a Motion for Entry of Default, is GRANTED. FURTHER
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Default construed as a Motion for Entry of Default, is GRANTED. FURTHER ORDERED that, pursuant to Fed.R.Civ.P. 55(a), the Clerk of Court shall enter default against Defendants Andrew P. Palmer, his spouse, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell, and Karen Powell. IT IS FURTHER ORDERED that to the extent that Plaintiffs Motion requests relief in addition to the entry of default, such requests are denied, without prejudice, as premature. Signed by Judge Lawrence O Anderson on 11/27/07. (SAT) (Entered: 11/28/2007) 11/27/2007
11 ANSWER to Complaint, COUNTERCLAIM against FCC, Inc. by Andrew P. Palmer, Franchise Institute, Inc., TES Franchising L.L.C.. (Attachments: # 1 Exhibits)(SAT) (Entered: 11/28/2007)
11/26/2007
10 MOTION for Default Judgment as to Defendants Andrew P. Palmer, his spouse, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell and Karen Powell by FCC, Inc.. (Attachments: # 1 Text of Proposed Order)(Meschkow, Jordan) (Entered: 11/26/2007)
11/15/2007
9 SUMMONS Returned Executed by FCC, Inc.. Terry O. Powell served on 11/5/2007; Karen Powell served on 11/5/2007. (Meschkow, Jordan) (Entered: 11/15/2007)
11/15/2007
8 SUMMONS Returned Executed by FCC, Inc.. TES Franchising L.L.C. served on 11/5/2007. (Meschkow, Jordan) (Entered: 11/15/2007)
11/09/2007
7 SUMMONS Returned Executed by FCC, Inc.. Franchise Institute, Inc. served on 11/5/2007. (Meschkow, Jordan) (Entered: 11/09/2007)
11/09/2007
6 SUMMONS Returned Executed by FCC, Inc.. Andrew P. Palmer served on 11/5/2007. (Meschkow, Jordan) (Entered: 11/09/2007)
11/06/2007
5 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 11/07/2007)
11/01/2007
4 NOTICE OF ASSIGNMENT AND ORDER - IT IS ORDERED that Pla shall file on or before 11/21/07 its written election to either consent to magistrate judge jurisdiction or elect to proceed before a United States district judge. IT IS FURTHER ORDERED that Pla shall serve upon the Dfts the appropriate consent form provided at the time of the filing of its Complaint at the time of service of its Complaint upon the Dfts. IT IS FURTHER ORDERED that Dfts shall either consent to magistrate judge jurisdiction or elect to proceed before a district judge within twenty (20) days of each Dfts formal appearance herein. Signed by Judge Lawrence O Anderson on 11/1/07. (SAT) (Entered: 11/01/2007)
10/31/2007
3 Summons Issued as to Andrew P. Palmer, Franchise Institute, Inc., TES Franchising L.L.C., Terry O. Powell, Karen Powell. (Attachments: # 1 Franchise Institute# 2 Terry & Karen Powell# 3 TES Franchising) SUMMONS ARE NOT ISSUED FOR FICTITIOUS PARTIES.(HIH). *** IMPORTANT: You must select "Document and5/6 https://ecf.azd.uscourts.gov/cgi-bin/D…
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FICTITIOUS PARTIES.(HIH). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 10/31/2007) 10/30/2007
2 Magistrate Election Form Deadline (Attachments: # 1 Instructions)(HIH) (Entered: 10/31/2007)
10/30/2007
This case has been assigned to the Honorable Lawrence O. Anderson. All future pleadings or documents should bear the correct case number: CV07-02111-PHXLOA. (entered by HIH) (Entered: 10/31/2007)
10/30/2007
1 COMPLAINT. Filing fee received: $ 350.00, receipt number 1530458, filed by FCC, Inc.. (Attachments: # 1 Exhibit A-I# 2 Civil Cover Sheet # 3 Summons # 4 Summons # 5 Summons # 6 Summons # 7 Summons # 8 Summons # 9 Summons)(Meschkow, Jordan) (Entered: 10/30/2007)
PACER Service Center Transaction Receipt 11/11/2008 12:18:39 PACER Login: mw1930 Description:
Docket Report Search Criteria: 2:07-cv-02111-LOA
Billable Pages: 4
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Client Code: Cost:
0.32
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