JTH Tax, Inc. v. Reed

Plaintiff JTH Tax, Inc. allege that defendant breached its franchise agreement.
Plaintiff:JTH Tax, Inc.
Defendant:Jerome Reed
Consolidated Defendants:Liberty Tax Service, Inc., John Does I-V and XYZ Corp. I-V
Consolidated Plaintiff:Jerome Reed
 
Case Number:2:2007cv00169
Filed:April 12, 2007
 
Court:Virginia Eastern District Court
Office:Norfolk Office [ Court Info ]
County:Virginia Beach City
Presiding Judge:District Judge Robert G. Doumar
Referring Judge:Magistrate Judge James E. Bradberry
 
Nature of Suit:Contract - Franchise
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury Demanded By:None
Amount Demanded:$150,000.00

Date Filed

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Docket Text

April 12, 2007 1 COMPLAINT against Jerome Reed (Filing fee $350 receipt number 200000154) filed by JTH Tax, Inc. (Attachments: #(1) Exhibit #(2) cover letter #(3) Civil Cover Sheet #(4) Receipt)(mwin, ) (Entered: April 16, 2007)
April 12, 2007 2 Declaration of Jan Gundran in support of 1 Complaint by JTH Tax, Inc. (Attachments: # 1 Exhibit)(mwin, ) (Entered: April 16, 2007)
April 12, 2007 3 Declaration of Bonnie Via in support of 1 Complaint by JTH Tax, Inc. (Attachments: # 1 Exhibit)(mwin, ) (Entered: April 16, 2007)
April 12, 2007 4 Financial Interest Disclosure Statement (Local Rule 7.1) by JTH Tax, Inc. (mwin, ) (Entered: April 16, 2007)
April 17, 2007 5 Summons Issued as to Jerome Reed with court notices and copies of complaint and declarations; mailed to plaintiff's counsel (mwin, ) (Entered: April 17, 2007)
April 26, 2007 6 SUMMONS Returned Executed as to Jerome Reed served 4/21/2007 (mwin, ) Additional attachment(s) added on 5/3/2007 (mwin, ). (Entered: May 1, 2007)
July 2, 2007 7 STATUS REPORT letter by JTH Tax, Inc. (mwin, ) (Entered: July 5, 2007)
August 28, 2007   Set Hearings: Status Conference set for 9/19/2007 at 10:00 AM before District Judge Robert G. Doumar. (lbax, ) (Entered: August 28, 2007)
August 28, 2007 8 ORDER directing the parties to appear before Judge Robert G. Doumar for a hearing on 9/19/2007 at 10:00 AM; hearing will determine whether to enter default judgment for plaintiff or dismiss case for failure to prosecute. Signed by Judge Robert G. Doumar and filed on 8/28/07. Copy mailed and faxed to counsel of record: plaintiff's counsel 8/29/07, as directed.(mwin, ) (Entered: 08/29/2007)
August 31, 2007 9 MOTION for Default Judgment as to Jerome Reed by JTH Tax, Inc.. (Szajnoga, Vanessa) Modified on 9/4/2007 to note that this motion is terminated. Counsel re-filed the motion as document number 10 to include an exhibit. (mwin, ). (Entered: August 31, 2007)
August 31, 2007 10 MOTION for Default Judgment as to Jerome Reed by JTH Tax, Inc.. (Attachments: # 1 Exhibit 1)(Szajnoga, Vanessa) (Entered: August 31, 2007)
August 31, 2007 11 Letter to Clerk by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: August 31, 2007)
August 31, 2007 12 Brief in Support to 10 MOTION for Default Judgment as to Jerome Reed filed by JTH Tax, Inc.. (Attachments: # 1 Supplement JTH Tax, Inc. v. Charon and Southwest Tax)(Szajnoga, Vanessa) (Entered: August 31, 2007)
August 31, 2007 13 Declaration David Sager by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: August 31, 2007)
August 31, 2007 14 Declaration Jeanne Pecora by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: August 31, 2007)
August 31, 2007 15 Notice of Hearing Date set for 9/19/07 re 10 MOTION for Default Judgment as to Jerome Reed by JTH Tax, Inc. (Szajnoga, Vanessa) (Entered: August 31, 2007)
September 4, 2007   Notice of Correction re 15 Notice of Hearing Date and 11 Letter: Document15 does not contain the required nine-element signature block for the certificate of service. Document 11 should have been filed as "request for entry of default," rather than "letter." (mwin, ) (Entered: September 4, 2007)
September 5, 2007 16 Clerk's ENTRY OF DEFAULT as to Jerome Reed (mwin, ) (Entered: September 5, 2007)
September 12, 2007 17 Memorandum in Opposition re 10 MOTION for Default Judgment as to Jerome Reed filed by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 12, 2007)
September 12, 2007 18 MOTION for Extension of Time to File Answer by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 12, 2007)
September 12, 2007 19 Memorandum in Support re 18 MOTION for Extension of Time to File Answer filed by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 12, 2007)
September 12, 2007 20 Motion To Dismiss and ANSWER to Complaint by Jerome Reed.(Fleischhauer, Jeffrey) (Entered: September 12, 2007)
September 12, 2007 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 12, 2007)
September 12, 2007 22 Brief in Support to 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint filed by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 12, 2007)
September 13, 2007   Notice of Correction re 19 Memorandum in Support, 18 MOTION for Extension of Time to File Answer, 20 Answer to Complaint, 17 Memorandum in Opposition, 22 Brief in Support, 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint: The document signatures and certificate of service signatures in document numbers 17-22 did not contain the required nine elements. The document signatures failed to provide the filing user's e-mail address, and the certificate signatures failed to provide the filing user's bar number. Counsel has been advised to include all required elements for electronic signatures in all future filings.(mwin, ) (Entered: September 13, 2007)
September 13, 2007   Notice of Correction re 18 MOTION for Extension of Time to File Answer: In addition, Counsel has been notified that the proposed order was erroneously combined with the main document. (mwin, ) (Entered: September 13, 2007)
September 17, 2007 23 MOTION to Consolidate Cases by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: September 17, 2007)
September 17, 2007 24 Memorandum in Support re 23 MOTION to Consolidate Cases filed by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: September 17, 2007)
September 18, 2007 25 Memorandum in Opposition re 18 MOTION for Extension of Time to File Answer filed by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: September 18, 2007)
September 18, 2007 26 Memorandum in Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint filed by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: September 18, 2007)
September 18, 2007 27 REPLY to Response to Motion re 10 MOTION for Default Judgment as to Jerome Reed filed by JTH Tax, Inc.. (Szajnoga, Vanessa) (Entered: September 18, 2007)
September 18, 2007 28 ORDER granting (23) Motion to Consolidate Cases in case 2:07-cv-00169-RGD-JEB; granting (18) Motion to Consolidate Cases in case 2:07-cv-00403-RGD-TEM; consolidating 2:07cv169 and 2:07cv403. Signed by Judge Robert G. Doumar and filed on 9/18/07. Associated Cases: 2:07-cv-00169-RGD-JEB, 2:07-cv-00403-RGD-TEM(mwin, ) (Entered: September 18, 2007)
September 18, 2007   NOTE: Future docket entries are to be made ONLY in LEAD CASE 2:07cv169. Docket entries should NOT be spread to the member case. (mwin, ) (Entered: September 18, 2007)
September 18, 2007 29 Declaration re 19 Memorandum in Support, 18 MOTION for Extension of Time to File Answer, 20 Answer to Complaint, 17 Memorandum in Opposition, 22 Brief in Support, 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 18, 2007)
September 18, 2007   MOTION Referred: 10 MOTION for Default Judgment as to Jerome Reed REFERRED to Judge Doumar. (mwin, ) (Entered: September 18, 2007)
September 18, 2007   Notice of Correction re 29 Declaration: Page 2 of the document is illegible. Also, the filing user's signature blocks are incomplete. The filing user has been notified to refile the document. (mwin, ) (Entered: September 18, 2007)
September 18, 2007 30 Declaration re 19 Memorandum in Support, 18 MOTION for Extension of Time to File Answer, 20 Answer to Complaint, 17 Memorandum in Opposition, 22 Brief in Support, 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 18, 2007)
September 18, 2007   Notice of Correction re 30 Declaration: In refiling the declaration, counsel has included an "/s/" electronic signature designation for the affiant. Only signatures of the affiant are acceptable. Electronic signatures are only applicable to ECF counsel. (mwin, ) (Entered: September 18, 2007)
September 18, 2007 31 Declaration re 19 Memorandum in Support, 18 MOTION for Extension of Time to File Answer, 20 Answer to Complaint, 17 Memorandum in Opposition, 22 Brief in Support, 21 MOTION to Dismiss for Lack of Jurisdiction and Answer to Complaint by Jerome Reed. (Fleischhauer, Jeffrey) (Entered: September 18, 2007)
September 19, 2007 32 Minute Entry for proceedings held before Judge Robert G. Doumar: Vanessa M. Szajnoga and Carl Khalil appeared for the Plaintiff. Jeffrey A. Fleischhauer appeared for the defendant. Hearing held on Motion for Default Judgment and Motion to Extend Time to File Answer. The Court questioned counsel on the status of the case. Argument heard. The Court DENIED the plaintiff's Motion for Default Judgment and GRANTED the defendant's Motion to Extend Time to File Answer. (Answer filed 9/12/07.) Upon direction from the court, a scheduling conference was held in open court. The Bench Trial is set for 3/11/08 at 10:00 a.m. in Norfolk and the Final Pretrial Conference is set for 2/19/08 at 11:00 a.m. in Norfolk. All motions for summary judgment will be filed on or before 2/7/08. The Court directed the Clerk to list the defendant,Jerome Reed, as the plaintiff in the caption of the Scheduling Order. All motions for summary judgment due by 2/7/2008. (Court Reporter Paul McManus, OCR.) THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. Associated Cases: 2:07-cv-00169-RGD-JEB, 2:07-cv-00403-RGD-TEM(lbax, ) Modified on 9/20/2007 to add document number (lbax, ). (Entered: September 19, 2007)
September 20, 2007 33 ORDER denying 10 Motion for Default Judgment; granting 18 Motion for Extension of Time to Answer; denying 21 Motion to Dismiss for Lack of Subject Matter Jurisdiction. Signed by Judge Robert G. Doumar and filed on 9/20/07. (mwin, ) (Entered: September 21, 2007)
September 20, 2007 35 Order - Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 2/19/2008 at 11:00 AM; Bench Trial set for 3/11/2008 at 10:00 AM. Signed by Judge Tommy E. Miller 9/19/07; filed 9/20/07.(mwin, ) (Entered: September 21, 2007)
September 21, 2007 34 ORDER directing Jerome Reed, consolidated plaintiff, to show cause why action should not be dismissed pursuant to Rule 4(m) of FRCVP as to consolidated defendants John Does I-V and XYZ Corp. I-V in member case 2:07cv403 for failure to serve within 120 days of the filing of the complaint. Signed by Judge Robert G. Doumar and filed on 9/21/07. (mwin, ) (Entered: September 21, 2007)
Docket Report Last Checked: November 29, 2007 15:34:56 PST
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Plaintiff: JTH Tax, Inc.
Represented By: Vanessa Mercurio Szajnoga
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Defendant: Jerome Reed
Represented By: Jeffrey Alan Fleischhauer, Jeffrey Alan Fleischhauer
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Consolidated Plaintiff: Jerome Reed
Represented By: Jeffrey Alan Fleischhauer, Jeffrey Alan Fleischhauer
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Consolidated Defendant: Liberty Tax Service, Inc.
Represented By: Vanessa Mercurio Szajnoga
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Consolidated Defendant: John Does I-V
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Consolidated Defendant: XYZ Corp. I-V
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