docket report firehouse restaurant group inc v. scurmont llc

8/4/2019 Docket Report Firehouse Restaurant Group Inc v. Scurmont LLC

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CLOSED, JURY

U.S. District Court

District of South Carolina (Florence)

CIVIL DOCKET FOR CASE #: 4:09-cv-00618-RBH

Firehouse Restaurant Group Inc v. Scurmont LLC

Assigned to: Honorable R Bryan Harwell

Cause: 28:1331 Fed. Question: Trademark

Date Filed: 03/11/2009

Date Terminated: 08/22/2011

Jury Demand: Both

Nature of Suit: 840 Trademark

Jurisdiction: Federal Question

Plaintiff

Firehouse Restaurant Group Inc

a Florida Corporation

represented by Marcus Angelo Manos

Nexsen Pruet Jacobs and Pollard

PO Drawer 2426

Columbia, SC 29202803-771-8900

Fax: 803-253-8277

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Manton M Grier , Jr

Nexsen Pruet Adams Kleemeier

PO Drawer 2426

Columbia, SC 29202803-771-8900

Fax: 803-253-8277



Michael J Dewberry

Rogers Towers

1301 Riverplace Boulevard

Suite 1500

Jacksonville, FL 32207904-398-3911


PRO HAC VICE


Richard S Vermut

Rogers Towers


ECF - scd https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?957540162847241-L

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Suite 1500

Jacksonville, FL 32207

904-398-3911


PRO HAC VICE


Stephen E KellyRogers Towers


Suite 1500

Jacksonville, FL 32207

904-398-3911


PRO HAC VICE


Plaintiff

Three Alarm Subs Inc

a South Carolina corporation


(See above for address)

LEAD ATTORNEY


Manton M Grier , Jr



Michael J Dewberry(See above for address)

PRO HAC VICE


Richard S Vermut


PRO HAC VICE


Stephen E Kelly


PRO HAC VICE


Plaintiff

Fireside Restaurant Company Inc

a South Carolina corporation



LEAD ATTORNEY



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Manton M Grier , Jr



Michael J Dewberry


PRO HAC VICEATTORNEY TO BE NOTICED

Richard S Vermut


PRO HAC VICE


Stephen E Kelly


PRO HAC VICEATTORNEY TO BE NOTICED

V.

Defendant

Scurmont LLC

doing business as

Calli Baker's Firehouse Bar & Grill

represented by Ammon T Lesher

Turner Padget Graham and Laney

PO Box 1509

Greenville, SC 29602

864-552-4640Email: [email protected]

LEAD ATTORNEY


Bernard S Klosowski , Jr


PO Box 1509


864-552-4622

Fax: 864-282-5962Email: [email protected]

LEAD ATTORNEY


Sarah Day Hurley


PO Box 1509


864-552-4651


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Fax: 864-282-5965


LEAD ATTORNEY


Defendant

Chris Sorensen

TERMINATED: 03/30/2010

represented by Manton M Grier , Jr

(See above for address)LEAD ATTORNEY


Marcus Angelo Manos


LEAD ATTORNEY


Defendant

Robin SorensenTERMINATED: 03/30/2010

represented by Manton M Grier , Jr(See above for address)

LEAD ATTORNEY


Marcus Angelo Manos


LEAD ATTORNEY


Defendant

Heath Scurfield represented by Ammon T Lesher


LEAD ATTORNEY


Bernard S Klosowski , Jr


LEAD ATTORNEY


Sarah Day Hurley


LEAD ATTORNEY


Counter Claimant

Scurmont LLC represented by Bernard S Klosowski , Jr


LEAD ATTORNEY


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Sarah Day Hurley


LEAD ATTORNEY


V.

Counter Defendant

Firehouse Restaurant Group Inc

a Florida Corporation



LEAD ATTORNEY


Manton M Grier , Jr



Michael J Dewberry


PRO HAC VICE


Richard S Vermut


PRO HAC VICE


Stephen E Kelly


PRO HAC VICE


Date Filed # Docket Text

03/11/2009 1 COMPLAINT against Firehouse Restaurant Group Inc ( Filing fee $ 350 receipt

number 1986471.), filed by Scurmont LLC.(prou, ) (Entered: 03/12/2009)

03/11/2009 3 Local Rule 26.01 Answers to Interrogatories with jury demand by Scurmont

LLC.(prou, ) (Entered: 03/12/2009)

03/11/2009 4 Summons Issued as to Firehouse Restaurant Group Inc. (prou, ) (Entered: 03/17/2009)

05/06/2009 5 SUMMONS Returned Executed by Scurmont LLC. Firehouse Restaurant Group Inc

served on 4/9/2009, answer due 4/29/2009. (Hurley, Sarah) (Entered: 05/06/2009)


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05/06/2009 6 Consent MOTION for Extension of Time to File Answer re 1 Complaint by Firehouse

Restaurant Group Inc. Response to Motion due by 5/26/2009 No proposed

order(Grier, Manton) (Entered: 05/06/2009)

05/07/2009 9 ORDER REFERRING CASE to Magistrate Judge Thomas E Rogers, III FOR FULL

PRE TRIAL NON DISPOSITIVE MOTIONS. Signed by Honorable Terry L Wooten

on 5/7/09. Motions referred to Thomas E Rogers, III.(swel, ) (Entered: 05/07/2009)

05/11/2009 10 ORDER granting 6 Motion for Extension of Time to Answer re 1 Complaint ;Firehouse Restaurant Group Inc answer due 5/15/2009. Signed by Magistrate Judge

Thomas E Rogers, III on 5/11/09.(swel, ) (Entered: 05/11/2009)

05/14/2009 12 DELETION OF ENTRY NUMBER #11, Amended Complaint Reason: an amended

complaint can only be filed with leave of the court or with consent of the parties once

a responsive pleading has been entered (swel, ) (Entered: 05/14/2009)

05/15/2009 13 AMENDED COMPLAINT against Chris Sorensen, Robin Sorensen, Firehouse

Restaurant Group Inc, filed by Scurmont LLC. (Hurley, Sarah) Modified on 5/18/2009

to remove summonses and civil cover sheet (documents should not be filed with the

Court) (swel, ). (Entered: 05/15/2009)

05/15/2009 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite

Statementby Firehouse Restaurant Group Inc. Response to Motion due by 6/2/2009

(Attachments: # 1 Exhibit June 6, 2008 Cease & Desist Letter, # 2 Exhibit Answer &

Counterclaims of Scurfield & Scurmont, # 3 Exhibit Tabs A-G-Table of Authorities w/

Cases, # 4 Exhibit 3-Tabs H-I, # 5 Exhibit 3-Tabs J-M, # 6 Memo in Support)No

proposed order(Manos, Marcus) (Entered: 05/15/2009)

05/18/2009 15 Summons Issued as to Robin Sorensen. (swel, ) (Entered: 05/18/2009)

05/18/2009 16 Summons Issued as to Chris Sorensen. (swel, ) (Entered: 05/18/2009)

05/20/2009 18 MOTION to Consolidate Cases by Scurmont LLC. Response to Motion due by

6/8/2009 No proposed orderMotions referred to Thomas E Rogers, III.(Hurley, Sarah)

(Entered: 05/20/2009)

05/28/2009 19 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss

Plaintiff's Amended Complaint And/Or For More Definite Statementby Scurmont

LLC. Response to Motion due by 6/15/2009 No proposed orderMotions referred to

Thomas E Rogers, III.(Hurley, Sarah) (Entered: 05/28/2009)

05/29/2009 20 ORDER granting 19 Motion for Extension of Time to File Response/Reply re 14

MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More DefiniteStatementResponse to Motion due by 6/5/2009 Signed by Magistrate Judge Thomas E

Rogers, III on 5/29/09.(swel, ) (Entered: 05/29/2009)

06/01/2009 21 RESPONSE in Opposition re 18 MOTION to Consolidate Cases Response filed by

Firehouse Restaurant Group Inc.Reply to Response to Motion due by 6/11/2009

(Attachments: # 1 Exhibit Website Statement, # 2 Exhibit Legal Authorities)(Grier,

Manton) (Entered: 06/01/2009)


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06/05/2009 22 RESPONSE in Opposition re 14 MOTION to Dismiss Plaintiff's Amended Complaint

And/Or For More Definite StatementResponse filed by Scurmont LLC.Reply to

Response to Motion due by 6/15/2009 (Attachments: # 1 Exhibit A - Cited

unpublished cases, # 2 Exhibit B - Affidavid of Bernard S. Klosowski, Jr., # 3 Exhibit

A to BSK Affidavit - June 6, 2008 Vermut letter, # 4 Exhibit B to BSK Affidavit -

September 18, 2008 Vermut letter, # 5 Exhibit C to BSK Affidavit - February 2, 2009

Klosowski letter, # 6 Exhibit C - June 6, 2008 Vermut letter)(Hurley, Sarah) (Entered:

06/05/2009)

06/10/2009 23 SUMMONS Returned Executed by Scurmont LLC. Chris Sorensen served on

6/4/2009, answer due 6/24/2009. (Attachments: # 1 Affidavit of Service of Summons

and Amended Complaint)(Hurley, Sarah) (Entered: 06/10/2009)

06/10/2009 24 SUMMONS Returned Executed by Scurmont LLC. Robin Sorensen served on

6/4/2009, answer due 6/24/2009. (Attachments: # 1 Affidavit of Service of Summons

and Amended Complaint)(Hurley, Sarah) (Entered: 06/10/2009)

06/10/2009 25 REPLY to Response to Motion re 18 MOTION to Consolidate Cases Response filed

by Scurmont LLC. (Attachments: # 1 Exhibit A - Affidavits of Service upon Chris and

Robin Sorensen)(Hurley, Sarah) (Entered: 06/10/2009)

06/12/2009 26 REPLY to Response to Motion re 14 MOTION to Dismiss Plaintiff's Amended

Complaint And/Or For More Definite StatementResponse filed by Firehouse

Restaurant Group Inc. (Attachments: # 1 Exhibit 1-6/6/08 Letter, 2-9/12/08 Letter,

3-9/12/08 Letter, 4-9/22/08 Letter, 5-11/19/08 Email, 6-11/24/08 Letter, 7-1/21/09

Email w/1/22/09 Letter, 8-2/3/09 Letter, 9-2/17/09 Email)(Manos, Marcus) (Entered:

06/12/2009)

06/24/2009 28 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For A More Definite

Statementby Chris Sorensen, Robin Sorensen. Response to Motion due by 7/13/2009

(Attachments: # 1 Exhibit 1-Amended Complaint, # 2 Exhibit 2-Declaration of Robin

Sorenson, # 3 Exhibit 3-Declaration of Chris Sorenson, # 4 Exhibit 4-June 6, 2008

Letter to Scurfield, # 5 Exhibit 5-Legal Authorities, # 6 Memo in Support Sorenson's

Memo in Support of Motion to Dismiss Plaintiff's Amended Complaint)No proposed

order(Manos, Marcus) Modified on 6/29/2009 to correct filing date (swel, ). (Entered:

06/25/2009)

06/29/2009 31 DELETION OF ENTRY NUMBER #27 Reason: multiple deficiencies; Corrected

Filing Document Number 28 Modified filing date to that of original filing: 6/24/09

(swel, ) (Entered: 06/29/2009)

07/13/2009 32 RESPONSE in Opposition re 28 MOTION to Dismiss Plaintiff's Amended Complaint

And/Or For A More Definite StatementResponse filed by Scurmont LLC.Reply to

Response to Motion due by 7/23/2009 (Attachments: # 1 Exhibit A - FRG website

page, # 2 Affidavit of Heath Scurfield)(Hurley, Sarah) (Entered: 07/13/2009)

07/23/2009 33 REPLY to Response to Motion re 28 MOTION to Dismiss Plaintiff's Amended

Complaint And/Or For A More Definite StatementResponse filed by Chris Sorensen,

Robin Sorensen. (Attachments: # 1 Exhibit 1-Declaration of Robin Sorenson, # 2

Exhibit 2-Unpublished Decisions - Tabs A-C, # 3 Exhibit 2-Unpublished Decisions

Tab D, Pages 1-20, # 4 Exhibit 2-Unpublished Decisions Tab D, Pages 21-36)(Manos,


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Marcus) (Entered: 07/23/2009)

08/21/2009 34 SUPPLEMENT re 28 Motion to Dismiss Plaintiff's Amended Complaint and/or for

More Definite Statement by Firehouse Restaurant Group Inc, Chris Sorensen, Robin

SorensenNotice of Supplemental Authority in Support of Defendants' Motion to

Dismiss Plaintiffs' Amended Complaint and/or for More Definite Statement.

(Attachments: # 1 Exhibit Exergen Corp v. Wal-Mart Stores, Inc. Case)(Manos,

Marcus) Modified on 8/24/2009 to link correct event to associated event (prou, ).

Modified on 8/24/2009 to add filers listed on document(prou, ). (Entered: 08/21/2009)

09/03/2009 35 SUPPLEMENT by Firehouse Restaurant Group Inc, Chris Sorensen, Robin Sorensen

to 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite

Statement. (Attachments: # 1 Exhibit Supplemental Authority)(Manos, Marcus)

Modified on 9/4/2009 to add filers listed on document (prou, ). (Entered: 09/03/2009)

09/04/2009 36 REPLY by Scurmont LLCto 34 Supplement,,. (Hurley, Sarah) (Entered: 09/04/2009)

01/08/2010 37 ORDER granting 18 Motion to Consolidate Cases. The present action and the second

filed action, Firehouse Restaurant Group, Inc., Three Alarm Subs, Inc., and Fireside

Restaurant Company, Inc. vs. Heath W. Scurfield and Scurmont LLC d/b/a CalliBaker's Firehouse Bar & Grill, Civil Action No. 4:09-cv-0673-TLW-TER, shall be

consolidated for all purposes under the civil action number assigned to the present

case, 4:09-0618-TLW-TER. Signed by Magistrate Judge Thomas E Rogers, III on

1/8/2010.(prou, ) (Entered: 01/08/2010)

01/12/2010 39 Case Reassigned to Judge Honorable R Bryan Harwell. Judge Honorable Terry L

Wooten no longer assigned to the case. (glev, ) (Entered: 01/12/2010)

02/18/2010 41 Consent MOTION for Extension of Time to Enlarge Deadline for the Parties to

Exchange Expert Disclosures by Two Weeks by Firehouse Restaurant Group Inc.

Response to Motion due by 3/8/2010 (Attachments: # 1 Exhibit Proposed AmendedScheduling Order)Proposed order is being emailed to chambers with copy to opposing

counselMotions referred to Thomas E Rogers, III.(Manos, Marcus) (Entered:

02/18/2010)

02/23/2010 42 SCHEDULING ORDER Plaintiffs' ID of Expert Witnesses due by 6/23/2010,

Defendants' ID of Expert Witnesses Due by 7/23/2010, Records Custodian Affidavits

due by 7/23/2010, Discovery due by 9/21/2010, Motions due by 10/6/2010, Rule

26(a)(3) Disclosures due by 12/20/2010, Motions in Limine must be filed at least three

weeks prior to 2/7/2011, parties shall furnish pretrial briefs seven days prior to

2/7/2011, Jury Selection Deadline 2/7/2011, Mediation Due by 12/6/2010, ADR

statement due by 11/5/2010. Signed by Magistrate Judge Thomas E Rogers, III on2/23/2010. Associated Cases: 4:09-cv-00618-RBH -TER, 4:09-cv-00673-RBH -TER

(hcic) (Entered: 02/23/2010)

02/23/2010 43 TEXT ORDER granting 41 Motion for Extension of Time. Signed by Magistrate

Judge Thomas E Rogers, III on 2/23/2010. (hcic) (Entered: 02/23/2010)

03/30/2010 44 TEXT ORDER granting in part and denying in part (14) Motion to Dismiss ; granting

(28) Robin and Chris Sorensen's Motion to Dismiss in case 4:09-cv-00618-RBH ;

granting in part and denying in part (20) Motion to Dismiss in case 4:09-cv-


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00673-RBH. Formal written order to follow. Signed by Honorable R Bryan Harwell

on 3/30/2010.Associated Cases: 4:09-cv-00618-RBH -TER, 4:09-cv-00673-RBH

-TER(mwel, ) (Entered: 03/30/2010)

05/19/2010 45 ORDER granting in part and denying in part 14 Motion to Dismiss; granting 28 Robin

and Chris Sorensen's Motion to Dismiss in case 4:09-cv-00618-RBH; granting in part

and denying in part 20 Motion to Dismiss in case 4:09-cv-00673-RBH. Signed by

Honorable R Bryan Harwell on 5/19/2010. Associated Cases: 4:09-cv-00618-RBH

-TER, 4:09-cv-00673-RBH -TER (hcic) (Entered: 05/19/2010)

06/02/2010 46 AMENDED COMPLAINT against All Defendants, filed by Scurmont LLC. (Hurley,

Sarah) (Entered: 06/02/2010)

06/03/2010 47 Defendant's Affirmative Defenses andANSWER to Complaint Plaintiffs'

Counterclaims by Firehouse Restaurant Group Inc.(Manos, Marcus) (Entered:

06/03/2010)

06/23/2010 48 DEFENDANT'S ID OF EXPERT WITNESSES by Firehouse Restaurant Group

Inc.(Manos, Marcus) (Entered: 06/23/2010)

07/06/2010 49 Defendants' Answer And Affirmative And Additional Defenses To Plaintiffs' Second

Amended Complaint, Counterclaim, And Demand For Attorneys' Fees And Jury Trial

ANSWER to 46 Amended Complaint, COUNTERCLAIM against All Plaintiffs by

Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit Trademarks)(Manos,


07/23/2010 50 Consent MOTION to Amend/Correct Conference and Scheduling Orderby Scurmont

LLC. Response to Motion due by 8/9/2010. Proposed order is being emailed to

chambers with copy to opposing counsel. Motions referred to Thomas E Rogers, III.

(Hurley, Sarah) Modified on 7/26/2010 to remove proposed order (hcic). (Entered:

07/23/2010)

07/23/2010 51 PLAINTIFF'S ID OF EXPERT WITNESSES by Scurmont LLC.(Hurley, Sarah)

(Entered: 07/23/2010)

07/27/2010 52 MOTION to Strike Counterclaim by Scurmont LLC. Response to Motion due by

8/13/2010. (Attachments: # 1 Plaintiffs' Memorandum in Support of Motion to Strike

Counterclaim, # 2 Exhibit A - Case Law, # 3 Exhibit B - Case Law) No proposed

order. Motions referred to Thomas E Rogers, III. (Hurley, Sarah) Modified on

7/28/2010 to add descriptions to exhibits (hcic). (Entered: 07/27/2010)

07/27/2010 54 ANSWER to Counterclaims 49 by Scurmont LLC. (Hurley, Sarah) Modified on

7/28/2010 to correct event type. (hcic) (Entered: 07/28/2010)

07/30/2010 55 NOTICE of Appearance by Ammon T Lesher on behalf of Scurmont LLC (Lesher,

Ammon) (Entered: 07/30/2010)

08/02/2010 56 AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by

8/23/2010, Defendants ID of Expert Witnesses Due by 9/28/2010, Discovery due by

9/21/2010, Motions due by 10/6/2010, Rule 26(a)(3) Disclosures due by 12/20/2010,

Jury Selection Deadline 2/7/2011, ADR Statement due by 11/6/2010, Mediation Due

by 12/6/2010, Motions in limine must be filed at least three (3)weeks prior to the date


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set for jury selection, Parties shall furnish the Court pretrial briefs seven (7) days prior

to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on

8/2/2010. (hcic) Modified on 8/3/2010 to edit text (hcic). (Entered: 08/02/2010)

08/02/2010 57 TEXT ORDER granting 50 Motion to Amend/Correct. Signed by Magistrate Judge

Thomas E Rogers, III on 8/2/2010. (hcic) (Entered: 08/02/2010)

08/13/2010 58 RESPONSE to Motion re 52 MOTION to Strike CounterclaimAnd Defendants'

Notice of Withdrawal of Count IV of Its Counterclaims Response filed by FirehouseRestaurant Group Inc.Reply to Response to Motion due by 8/23/2010 (Manos,


08/16/2010 59 Joint MOTION to Amend/Correct 56 Scheduling Order, by 60 Days to Facilitate Early

Mediation by Firehouse Restaurant Group Inc, Scurmont LLC. Response to Motion

due by 9/2/2010. Proposed order is being emailed to chambers with copy to opposing

counsel. Motions referred to Thomas E Rogers, III. (Manos, Marcus) Modified on

8/17/2010 to remove proposed order (hcic). (Entered: 08/16/2010)

08/24/2010 60 AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by

10/1/2010, Defendants ID of Expert Witnesses Due by 10/29/2010, Discovery due by11/19/2010, Motions due by 12/10/2010, Rule 26(a)(3) Disclosures due by 2/21/2011,

Jury Selection Deadline 4/11/2011, Mediation Due by 9/17/2010. Motions in limine

must be filed at least three weeks prior to the date set for jury selection. Parties shall

furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection.

Signed by Magistrate Judge Thomas E Rogers, III on 8/23/2010. (hcic) (Entered:

08/24/2010)

08/24/2010 61 TEXT ORDER granting 59 Motion to Amend/Correct Scheduling Order. Signed by

Magistrate Judge Thomas E Rogers, III on 8/23/2010. (hcic) (Entered: 08/24/2010)

08/26/2010 62 TEXT ORDER. This case is no longer assigned to the Magistrate Judge for pretrialproceedings. Signed by Honorable R Bryan Harwell on 8/26/2010. (hcic) (Entered:

08/26/2010)

09/17/2010 64 TEXT ORDER denying as moot Plaintiffs' Motion to Strike 52 . Pursuant to

Defendants' Response to Plaintiffs' Motion to Strike and Defendants Notice of

Withdrawal of Count IV of its Counterclaims 58 , it is hereby ORDERED that Count

IV (South Carolina Unfair Trade Practices) of Defendants' Counterclaims is

withdrawn with Plaintiffs' consent, and Plaintiffs' Motion to Strike 52 is DENIED AS

MOOT. Signed by Honorable R Bryan Harwell on 9/17/2010.(cswe, ) (Entered:

09/17/2010)

11/24/2010 65 MOTION for Protective Order by Scurmont LLC. Response to Motion due by

12/13/2010 (Attachments: # 1 Exhibit Exhibit A to Plaintiffs' Motion for Protective

Order) No proposed order (Hurley, Sarah) See 72 for additional attachment. (Entered:

11/24/2010)

12/07/2010 67 Joint MOTION to Seal File Dispositive Motions Under Seal by Firehouse Restaurant

Group Inc, Scurmont LLC. Response to Motion due by 12/29/2010 (Attachments: # 1

Exhibit A-Descriptive Index of Documents at Issue, # 2 Memo in Support)No

proposed order(Manos, Marcus) Modified on 12/8/2010 to correct case number on


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document as verified by filing user and to add filer listed on document (hcic).

(Entered: 12/07/2010)

12/07/2010 68 Joint MOTION to Amend/Correct Scheduling Orderby Scurmont LLC, Firehouse

Restaurant Group Inc. Response to Motion due by 12/29/2010. (Hurley, Sarah)

Modified on 12/8/2010 to add filer listed on document and to remove proposed order

(hcic). (Entered: 12/07/2010)

12/10/2010 69 TEXT ORDER denying without prejudice 67 Motion to Seal, for failing to complywith Local Rule 5.03(C). Signed by Honorable R Bryan Harwell on 12/10/2010.

(mwel, ) (Entered: 12/10/2010)

12/10/2010 70 AMENDED SCHEDULING ORDER. Motions due by 12/22/2010, Rule 26(a)(3)

Disclosures due by 2/21/2011, Jury Selection Deadline 4/11/2011. Motions in limine

must be filed at least three (3) weeks prior to the date set for jury selection. Parties

shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury

selection. Signed by Honorable R Bryan Harwell on 12/10/2010. (hcic) (Entered:

12/10/2010)

12/16/2010 72 Additional Attachments to Main Document 65 MOTION for Protective Order.(Attachments: # 1 Exhibit B - Heath Scurfield Deposition Excerpts)(Hurley, Sarah)

(Entered: 12/16/2010)

12/17/2010 73 MOTION to Seal Document by Firehouse Restaurant Group Inc. Response to Motion

due by 1/7/2011 (Attachments: # 1 Descriptive Index of Documents at Issue, # 2

Certificate of Compliance with Local Rule 5.03, # 3 Memo in Support)No proposed

order. Associated Cases: 4:09-cv-00618-RBH, 4:09-cv-00673-RBH(Grier, Manton)

Modified on 12/17/2010 to correct case number as verified by filing user (hcic).

(Entered: 12/17/2010)

12/20/2010 74 MOTION for Leave to File Excess Pages by Firehouse Restaurant Group Inc.Response to Motion due by 1/7/2011 No proposed order(Grier, Manton) Modified on

12/21/2010 to correct case number as verified by filing user (hcic). (Entered:

12/20/2010)

12/21/2010 75 RESPONSE to Motion re 65 MOTION for Protective Order Response filed by


(Attachments: # 1 Exhibit A-Scurmont's Answers to Three Alarm's Interrogatories, # 2

Exhibit B-Scurfield's Answer to Three Alarm's Interrogatories, # 3 Exhibit C-Cited

Case)(Grier, Manton) (Entered: 12/21/2010)

12/21/2010 76 TEXT ORDER granting 74 Defendants' Motion for Leave to File Excess Pages.Signed by Honorable R Bryan Harwell on 12/21/2010.(mwel, ) (Entered: 12/21/2010)

12/22/2010 77 MOTION to StrikeExpert Witness Report of William O. Bearden and to Exclude the

Testimony of William O. Bearden at Trial by Firehouse Restaurant Group Inc.

Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support, # 2

Exhibit A to Motion-Expert Report of William O. Bearden, # 3 Exhibit Case Law to

Memorandum)No proposed order(Grier, Manton) Modified on 12/22/2010 to add

descriptive name to exhibit (hcic). (Entered: 12/22/2010)


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12/22/2010 78 First MOTION for Extension of Time to File Summary Judgmentby Firehouse

Restaurant Group Inc. Response to Motion due by 1/10/2011 No proposed order(Grier,

Manton) (Entered: 12/22/2010)

12/22/2010 79 MOTION in Limine to Exclude Testimony of George M. Thomas by Scurmont LLC.

Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support

Memorandum in Support of Plaintiffs' Motion in limine to Exclude Testimony of

George M. Thomas, # 2 Exhibit A - Expert Witness Report of George M. Thomas, # 3

Exhibit B - Unpublished decision in Safety Kleen Corp. Rollins Shareholder

Litigation)No proposed order(Hurley, Sarah) (Entered: 12/22/2010)

12/22/2010 80 MOTION in Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD

by Scurmont LLC. Response to Motion due by 1/10/2011 (Attachments: # 1 Exhibit A

- Rebuttal Report of Peter Sealey, Ph.D.)No proposed order(Hurley, Sarah) (Entered:

12/22/2010)

12/22/2010 81 MOTION for Summary Judgment by Scurmont LLC. Response to Motion due by

1/10/2011 (Attachments: # 1 Memo in Support Plaintiffs' Memorandum in Support of

Motion for Partial Summary Judgment, # 2 Exhibit Plaintiffs' Exhibit List, # 3 Exhibit

A - Scurmont's Answers to FRG's First Interrogatories, # 4 Exhibit B - Scurfield's

Answers to Three Alarm Subs' First Interrogatories, # 5 Exhibit C - Scurfield's

Supplemental Answers to Fireside's First Interrogatories, # 6 Exhibit D - Scurfield's

Second Supplemental Answers to Fireside's First Interrogatories, # 7 Exhibit E -

FRG's Answers to Scurmont's First Requests to Admit, # 8 Exhibit F - FRG's Answers

to Scurmont's Second Requests to Admit )No proposed order (Hurley, Sarah) See 82

through 107 for Additional Attachments. (Entered: 12/22/2010)

12/22/2010 82 Additional Attachments to Main Document 81 MOTION for Summary Judgment.

(Attachments: # 1 Exhibit G - Firehouse Subs Menu, # 2 Exhibit H - Picture of New

Menu Board, # 3 Exhibit I - Former Menu Board, # 4 Exhibit J - Former Menu Board)(Hurley, Sarah) (Entered: 12/22/2010)

12/22/2010 83 Additional Attachments to Main Document 82 Additional Attachments to Main

Document, 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit K -

Affidavit of Debbie Breyare, # 2 Exhibit L - Affidavit of Harry Cohen, # 3 Exhibit M -

Affidavit of Frank Vono, Jr.)(Hurley, Sarah) (Entered: 12/22/2010)


(Attachments: # 1 Exhibit Q - Fox Deposition Excerpts)(Hurley, Sarah) (Entered:

12/22/2010)


(Attachments: # 1 Exhibit V - Cease and Desist letter dated June 6, 2008)(Hurley,



(Attachments: # 1 Exhibit W - Trademark Registration Certificate 3,173,030, # 2

Exhibit X - Trademark Registration Certificate 1,093,135)(Hurley, Sarah) (Entered:

12/22/2010)


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(Attachments: # 1 Exhibit Y - Trademark Registration Certificate 3,311,648, # 2

Exhibit Z - Trademark Registration Certificate 3,389,782)(Hurley, Sarah) (Entered:

12/22/2010)


(Attachments: # 1 Exhibit AA - Trademark Registration Certificate 3,210,279, # 2

Exhibit BB - Trademark Registration Certificate 3,272,304)(Hurley, Sarah) (Entered:

12/22/2010)


(Attachments: # 1 Exhibit CC - Trademark Registration Certificate 3,500,729, # 2

Exhibit DD - Trademark Registration Certificate 3,591,991, # 3 Exhibit EE -

Trademark Registration Certificate 2,806,118)(Hurley, Sarah) (Entered: 12/22/2010)


(Attachments: # 1 Exhibit FF - Trademark Registration Certificate 3,138,651, # 2

Exhibit GG - Trademark Registration Certificate 3,156,285, # 3 Exhibit HH -



(Attachments: # 1 Exhibit II - Trademark Registration Certificate 2,524,850, # 2

Exhibit JJ - Trademark Registration Certificate 3,556,354, # 3 Exhibit KK -



(Attachments: # 1 Exhibit LL - Trademark Registration Certificate 3,270,004, # 2

Exhibit MM - Trademark Registration Certificate 2,672,882, # 3 Exhibit NN -


12/22/2010 97 Additional Attachments to Main Document 81 MOTION for Summary Judgment.(Attachments: # 1 Exhibit OO - Trademark Registration Certificate 1,743,108, # 2

Exhibit PP - Trademark Registration Certificate 3,836,082, # 3 Exhibit QQ -



(Attachments: # 1 Exhibit RR - Trademark Registration Certificate 3,205,669, # 2

Exhibit SS - Trademark Registration Certificate 2,792,969, # 3 Exhibit TT -



(Attachments: # 1 Exhibit UU - Trademark Registration Certificate 3,276,115, # 2Exhibit VV - Trademark Registration Certificate 3,107,606, # 3 Exhibit WW -

Trademark Registration Certificate 3,331,671, # 4 Exhibit XX - Trademark

Registration Certificate 3,014,200)(Hurley, Sarah) (Entered: 12/22/2010)


(Attachments: # 1 Exhibit YY - Trademark Registration Certificate 2,836,900, # 2

Exhibit ZZ - Trademark Registration Certificate 3,445,888, # 3 Exhibit AAA -

Trademark Registration Certificate 2,524,850, # 4 Exhibit BBB - Trademark

Registration Certificate 3,788,105)(Hurley, Sarah) (Entered: 12/22/2010)


28 8/27/2011


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(Attachments: # 1 Exhibit CCC - Unpublished decision Renaissance Greeting Cards, #

2 Exhibit DDD - Unpublished Decision Scholastic, Inc.)(Hurley, Sarah) (Entered:

12/22/2010)


(Attachments: # 1 Exhibit N - Affidavit of Ammon T. Lesher)(Hurley, Sarah)

(Entered: 12/22/2010)


(Attachments: # 1 Exhibit Attachment to Exhibit O - Calli Bakers Menu)(Hurley,



(Attachments: # 1 Exhibit Attachment to Exhibit O - Calli Bakers Menu)(Hurley,



(Attachments: # 1 Exhibit Attachment to Exhibit O - Notes of Customer Inquiries)

(Hurley, Sarah) (Entered: 12/22/2010)

12/23/2010 108 TEXT ORDER granting 78 Motion for Extension of Time to File Motion for

Summary Judgment. Signed by Honorable R Bryan Harwell on 12/23/2010. (hcic)

(Entered: 12/23/2010)

12/23/2010 110 MOTION to SealDefendants' Supplemental Renewed & Unopposed Motion to File

Certain Exhibits to Dispositive Motion Under Seal by Firehouse Restaurant Group

Inc. Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support, # 2

Exhibit A-Supplemental Descriptive Index of Documents at Issue Pursuant to Local

Rule 5.03(B)(1))No proposed order(Grier, Manton) (Entered: 12/23/2010)

01/03/2011 111 ORDER REFERRING MOTIONS: 73 MOTION to Seal Document filed by Firehouse

Restaurant Group Inc, 110 MOTION to Seal Defendants' Supplemental Renewed &

Unopposed Motion to File Certain Exhibits to Dispositive Motion Under Seal filed by

Firehouse Restaurant Group Inc. Signed by Honorable R Bryan Harwell on 1/3/2011.

Motions referred to Shiva V Hodges. (hcic) (Entered: 01/03/2011)

01/03/2011 112 TEXT ORDER: The Court has under review the pending motions to seal documents

and, because of that, issued an order extending Defendants' time for filing dispositive

motions until January 5, 2011. Plaintiffs filed a motion for partial summary judgment

on December 22, 2010, which was the same date Defendants asked for the extension

of time to file dispositive motions. The Court did not receive the documents for incamera review until a couple of days before Christmas as they had been inadvertently

sent to Judge Wooten by counsel. Accordingly, because the Court has been unable to

review the motions to seal, the Court further extends the time for filing dispositive

motions, and any response times, until such time to be set by the Court after

determination of the motions to seal. Signed by Honorable R Bryan Harwell on

1/3/2011. (bbar, ) (Entered: 01/03/2011)

01/04/2011 113 REPLY to Response to Motion re 65 MOTION for Protective Order Response filed by

Scurmont LLC. (Hurley, Sarah) (Entered: 01/04/2011)


28 8/27/2011


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01/05/2011 116 ORDER granting 73 Motion to Seal Document; granting 110 Motion to Seal.

Signed by Magistrate Judge Shiva V Hodges on 1/5/2011. (hcic) (Entered:

01/05/2011)

01/06/2011 117 TEXT ORDER: Having reviewed the Magistrate Judge's 116 Order on Motion to

File Exhibits Under Seal, and in light of the fact that excerpts from documents

that are temporarily sealed are also attached as exhibits to Plaintiff's 81 Motion

for Partial Summary Judgment, the Magistrate Judge is directed to review the

exhibit attachments to Plaintiff's partial summary judgment motion and instruct

the Clerk to temporarily seal those exhibit attachments consistent with the

Magistrate Judge's 116 Order. Signed by Honorable R Bryan Harwell on

1/6/2011. (bbar, ) (Entered: 01/06/2011)

01/09/2011 118 RESPONSE in Opposition re 77 MOTION to StrikeExpert Witness Report of William

O. Bearden and to Exclude the Testimony of William O. Bearden at TrialPlaintiffs'

Response filed by Scurmont LLC.Reply to Response to Motion due by 1/21/2011


01/10/2011 119 RESPONSE in Opposition re 79 MOTION in Limine to Exclude Testimony of George

M. Thomas Response filed by Firehouse Restaurant Group Inc, Chris Sorensen, Robin

Sorensen.Reply to Response to Motion due by 1/21/2011 (Attachments: # 1 Exhibit

A-Highlighted Report of Expert George M. Thomas; # 2 Exhibit B-Unreported case:

Sam's Wines & Liquors, Inc.) (Manos, Marcus) (Modified on 1/12/2011 to separate

exhibits (hcic). (Entered: 01/10/2011)

01/10/2011 120 RESPONSE in Opposition re 80 MOTION in Limine to Exclude Testimony and

Rebuttal Report of Peter Sealey, PhD Response filed by Firehouse Restaurant Group

Inc, Chris Sorensen, Robin Sorensen.Reply to Response to Motion due by 1/21/2011

(Attachments: # 1 Addendum Unreported Case--In re Cessna 208 Series Aircraft

Products Liability Litigation)(Manos, Marcus) (Entered: 01/10/2011)

01/21/2011 121 REPLY to Response to Motion re 77 MOTION to StrikeExpert Witness Report of

William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial

Response filed by Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit

Unpublished Decisions & Authorities)(Grier, Manton) (Entered: 01/21/2011)

01/21/2011 122 REPLY to Response to Motion re 79 MOTION in Limine to Exclude Testimony of

George M. ThomasPlaintiffs' Reply to Defendants'Response filed by Scurmont LLC.

(Attachments: # 1 Exhibit A - McCarthy on Trademarks, # 2 Exhibit B - Fisher v.

Halliburton, # 3 Exhibit C - Renaissance Greeting Cards v. Dollar Tree Stores, # 4

Exhibit D - Sam's Wines & Liquors v. Wal-Mart Stores)(Hurley, Sarah) (Entered:01/21/2011)

01/21/2011 123 REPLY to Response to Motion re 80 MOTION in Limine to Exclude Testimony and

Rebuttal Report of Peter Sealey, PhD Response filed by Scurmont LLC. (Hurley,


01/26/2011 124 ORDER to Clerk to Seal Documents in Compliance with Court's Order. Signed

by Magistrate Judge Shiva V Hodges on 1/26/2011. (hcic) (Entered: 01/26/2011)


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01/26/2011 125 TEXT ORDER referring 65 Motion for Protective Order to Magistrate Judge

Shiva V. Hodges. Signed by Honorable R Bryan Harwell on 1/26/2011. (bbar, )

(Entered: 01/26/2011)

01/26/2011 126 NOTICE of Telephone Hearing on Motion 65 MOTION for Protective Order: Motion

Hearing set for 1/28/2011 11:00 AM in Florence #3, McMillan Federal Bldg., 401 W.

Evans St., Florence before Honorable R Bryan Harwell. Plaintiff's counsel should

initiate the call and have all the parties on the line before calling the Court at (843)

676-3820. (hcic) (Entered: 01/26/2011)

01/27/2011 127 NOTICE OF CHANGE OF JUDGE FOR TELEPHONE HEARING: Telephone

Hearing on 65 MOTION for Protective Order - Motion Hearing set for 1/28/2011

11:00 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before

Magistrate Judge Shiva V Hodges. Plaintiff's counsel should initiate the call and have

all the parties on the line before calling the Court at (843) 676-3820.(prou, ) (Entered:

01/27/2011)

01/28/2011 128 Minute Entry. Proceedings held before Magistrate Judge Shiva V Hodges:

Participants: Sarah Hurley and Marcus Manos. Richard Vermut, co-counsel for

defendant, in the process of applying to be admitted Pro Hac Vice, present with

counsel. Document # 65 Motion for Protective Order taken under advisement by

the Court pending counsel's notification of the status of potential resolution.

Status report regarding resolution to be filed by 02/11/11. Court Reporter

Raymond Simmons. (sste ) (Entered: 01/28/2011)

02/10/2011 130 Consent MOTION for Extension of Time by Scurmont LLC. Response to Motion due

by 2/28/2011 No proposed order(Hurley, Sarah) (Entered: 02/10/2011)

02/10/2011 131 Letter from Marcus A. Manos regarding proposed Amended Scheduling Order. (Filed

per direction ofChambers.) (hcic) (Entered: 02/10/2011)

02/10/2011 132 AMENDED SCHEDULING ORDER. Defendants' dispositive motions due by

2/17/2011, Rule 26(a)(3) Disclosures due by 5/27/2011, Jury Selection Deadline

7/28/2011. Defendants' opposition to Plaintiffs' Motion for Summary Judgment

due by 2/24/2011. Plaintiffs' opposition to Defendants' dispositive motions due by

3/24/2011. Replies to oppositions to dispositive motions due by 4/7/2011. Motions

in limine due by 7/7/2011. Parties shall furnish the Court pretrial briefs seven (7)

days prior to the date set for jury selection. Signed by Honorable R Bryan

Harwell on 2/10/2011. (hcic) (Entered: 02/10/2011)

02/10/2011 133 TEXT ORDER granting 130 Motion for Extension of Time. The parties' deadline

for filing status report regarding potential resolution of Entry # 65 is extended

until February 18, 2011. Signed by Magistrate Judge Shiva V Hodges on

2/10/2011.(prou, ) (Entered: 02/11/2011)

02/17/2011 135 MOTION for Summary Judgment by Firehouse Restaurant Group Inc. Response to

Motion due by 3/7/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A -

Declaration of Sorensen, # 3 Exhibit A-1 Part 1 of 2 - Firehouse Subs Menus, # 4

Exhibit A-1 Part 2 of 2 Firehouse Subs Menus, # 5 Exhibit A-2 Three Alarm's and

Fireside's Menu Boards and Locations, # 6 Exhibit A-3 Part 1 of 7 Firehouse Subs

Advertising, # 7 Exhibit A-3 Part 2 of 7 Firehouse Subs Advertising, # 8 Exhibit A-3


28 8/27/2011


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Part 3 of 7 Firehouse Subs Advertising, # 9 Exhibit A-3 Part 4 of 7 Firehouse Subs

Advertising, # 10 Exhibit A-3 Part 5 of 7 Firehouse Subs Advertising, # 11 Exhibit

A-3 Part 6 of 7 Firehouse Subs Advertising, # 12 Exhibit A-3 Part 7 of 7 Firehouse

Subs Advertising, # 13 Exhibit A-4 Registration Certificates, # 14 Exhibit

Declarations of Incontestability, # 15 Exhibit A-6 Part 1 of 4 Firehouse Websites, # 16

Exhibit A-6 Part 2 of 4 Firehouse Websites, # 17 Exhibit A-6 Part 3 of 4 Firehouse

Websites, # 18 Exhibit A-6 Part 4 of 4 Firehouse Websites, # 19 Exhibit A-8 Firehouse

National and Local Awards, # 20 Exhibit A-9 Part 1 of 2 News Clippings andPublicity, # 21 Exhibit A-9 Part 2 of 2 News Clippings and Publicity, # 22 Exhibit

A-10 June 6, 2008 cease and desist letter, # 23 Exhibit A-11 List of Legal and

Administrative Proceedings, # 24 Exhibit A-12 Samples of Cease and Desist Letters, #

25 Exhibit A-13 Firehouse Application History) No proposed order. (Manos, Marcus)

See 136 , 137 , and 138 for additional attachments. (Attachments 6, 18, 21, and 25

replaced on 2/22/2011 with corrected documents as provided by filing user) (hcic).

(Entered: 02/17/2011)

02/17/2011 136 Additional Attachments to Main Document 135 MOTION for Summary Judgment Or,

In The Alternative, Partial Summary Judgment. (Attachments: # 1 Exhibit B

Declaration of Peter Sealey, Ph. D., # 2 Exhibit B-1 CV of Peter Sealey, Ph. D., # 3

Exhibit B-2 Part 1 of 4 Expert Report of Peter Sealey, Ph. D., # 4 Exhibit B-2 Part 2 of

4 Expert Report of Peter Sealey, Ph. D., # 5 Exhibit B-2 Part 3 of 4 Expert Report of

Peter Sealey, Ph. D., # 6 Exhibit B-2 Part 4 of 4 Expert Report of Peter Sealey, Ph. D.,

# 7 Exhibit C-3 Sandleman Letter, # 8 Exhibit C- 4 Zagat Survey Results, # 9 Exhibit

D-1 CV of Terrence Brooks, # 10 Exhibit E Affidavit of Rachel Cocciolo, # 11 Exhibit

F-1 Calli Baker's Menus, # 12 Exhibit F-2 Calli Baker's Signage and Advertising, # 13

Exhibit F-3 Plaintiff's Notes Documenting Calls, # 14 Exhibit F-4 Plaintiff's Notes

Documenting Actual Confusion, # 15 Exhibit F-5 Part 1 of 2 Calli Baker's Websites, #

16 Exhibit F-5 Part 2 of 2 Calli Baker's Websites, # 17 Exhibit G-3 April 2, 2003

Letter, # 18 Exhibit G-4 Communications between Sorensen and Seaton, # 19 ExhibitJ Definition of "firehouse", # 20 Exhibit K Firehouse Brewpub Letter, # 21 Exhibit L

Notice of Publication of Application)(Manos, Marcus) (Attachments 6 and 20

replaced on 2/22/2011 with corrected documents as provided by filing user) (hcic).

See 137 for additional attachments. (Entered: 02/17/2011)

02/17/2011 137 Additional Attachments to Main Document 136 Additional Attachments to Main

Document,,,,,Memorandum in Support of Motion for Summary Judgment.

(Attachments: # 1 Exhibit M Request of Extension, # 2 Exhibit N Scurmont's

Response to Request fo Admissions, # 3 Exhibit O Scurmont's Answers to

Interrogatories, # 4 Exhibit P Scurfield's Answers to Interrogatories, # 5 Exhibit Q

Scurmont's Answers to Interrogatories, # 6 Exhibit R Scurfield's Answers to

Interrogatories, # 7 Exhibit S Declaration of Mary Paquin, # 8 Exhibit T Declaration

of Robert Blakenship, # 9 Exhibit U Declaration of Bryan Paquin, Jr., # 10 Exhibit V

Declaration of Bryan Paquin, # 11 Exhibit W Declaration of Laura Whitesides, # 12

Appendix X Table of Authorities and Unpublished Decisions, # 13 Appendix X-1,

Itote, Inc. v. Totes Isotoner Corpt, # 14 Appendix X-2, SCOA Inds., Inc. v. Kennedy &

Cohen, Inc., # 15 Appendix X-3, Sinclair Oil Corp. v. Kendrick, # 16 Appendix X-4,

Space Base, Inc. v. Stadis Corp., # 17 Appendix X-5, Whitfield v. John Bourne

Company, # 18 Appendix X-6, 4 J. Thomas McCarthy,, # 19 Appendix X-7, 6 J.


28 8/27/2011


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Thomas McCarthy)(Manos, Marcus) (Entered: 02/17/2011)

02/17/2011 138 Sealed Document in re document 135 . (Attachments: # 1 Exhibit A-7, Firehouse

Gross Sales and Advertising Expenditures, # 2 Exhibit C, Declaration of Doug

Reifschneider, # 3 Exhibit C-1, Part 1 of 3 Wave Reports, # 4 Exhibit C-1, Part 2 of 3

Wave Reports, # 5 Exhibit C-1, Part 3 of 3 Wave Reports, # 6 Exhibit C-2, Hijacks

Study, # 7 Exhibit D, Declaration of Terence Roooke, # 8 Exhibit D-2, Part 1 of 3

Wave Reports, # 9 Exhibit D-2, Part 2 of 3 Wave Reports, # 10 Exhibit D-2, Part 3 of

3 Wave Reports, # 11 Exhibit F, Deposition Transcript Heath Scurfield, # 12 Exhibit

F-6, Expert Report of Charles Alford, III, # 13 Exhibit G, Deposition Transcript of

Robin Sorensen, # 14 Exhibit G-1, August 27, 2002 Letter from Sorensen to Kanji, #

15 Exhibit G-2, March 11, 2003 E-mail from Sorensen, # 16 Exhibit H, Deposition

Transcript Bryan Paquin, # 17 Exhibit I, Deposition Transcript Deborah G. Duncan)

(Manos, Marcus) (Entered: 02/17/2011)

02/18/2011 139 STIPULATION re 65 MOTION for Protective Order by Scurmont LLC. (Hurley,


02/22/2011 140 TEXT ORDER. Pursuant to the stipulation entered as Entry # 139 , and

confirmed by counsel, the parties intend that Plaintiff's Motion for Protective

Order (Entry # 65 ) be withdrawn. Plaintiff's Motion for Protective Order

([Entry # 65 ) is denied as moot. Signed by Magistrate Judge Shiva V Hodges on

2/22/2011. (hcic) (Entered: 02/22/2011)

02/24/2011 141 RESPONSE in Opposition re 81 MOTION for Summary Judgment Response filed by


(Attachments: # 1 Exhibit AA-Exhibit List, # 2 Exhibit BB-Declaration of Don Fox, #

3 Exhibit BB-1--Fireside Rest. Co.'s Franchise Agreement, # 4 Exhibit BB-2--Three

Alarm's Franchise Agreement, # 5 Exhibit CC-Supp. Affidavit of Rachel Cocciolo, # 6

Exhibit DD-Order Cancelling Mark, Frankie's Firehouse, # 7 Exhibit EE-SpecimensShowing Use of Firehouse Mark, # 8 Exhibit FF-Pages from Plaintiffs' Website, # 9

Exhibit GG-Table of Cases and Authorities, # 10 Exhibit GG-1--Amzura Enters. v.

Ratcher, # 11 Exhibit GG-2--Andrews v. Primus, # 12 Exhibit GG-3--Edens v.

Kennedy, # 13 Exhibit GG-4--Renaissance v. Dollar Tree, # 14 Exhibit

GG-5--Sinhdarella v. Vu, # 15 Exhibit GG-6--McCarthy Section 11:88, # 16 Exhibit

GG-7--McCarthy Section 11:89, # 17 Exhibit GG-8--McCarthy Section 11:91, # 18

Exhibit GG-9--McCarthy Section 23.20.50)(Manos, Marcus) (Main Document 141

replaced on 2/25/2011 with corrected document as provided by filing user) (hcic).

(Entered: 02/24/2011)

03/02/2011 142 MOTION to Appear Pro Hac Vice by Michael J. Dewberry ( Filing fee $ 250 receiptnumber 0420-3235262) by Firehouse Restaurant Group Inc. Response to Motion due

by 3/21/2011. No proposed order(Manos, Marcus) (Main Document 142 replaced on

3/2/2011 with corrected document) (hcic). (Additional attachment(s) added on

3/2/2011: # 1 Application for Pro Hac Vice, # 2 Certificate of Good Standing) (hcic).

Modified on 3/2/2011 to remove proposed order (hcic). (Additional attachment added

on 3/8/2011: # 3 Certificate of Good Standing from Supreme Court of Florida as

provided by filing user) (hcic). (Entered: 03/02/2011)


28 8/27/2011


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03/02/2011 143 MOTION to Appear Pro Hac Vice by Richard S. Vermut ( Filing fee $ 250 receipt

number 0420-3235388) by Firehouse Restaurant Group Inc. Response to Motion due

by 3/21/2011 No proposed order(Manos, Marcus) (Main Document 143 replaced on

3/2/2011) (hcic). (Additional attachment(s) added on 3/2/2011: # 1 Application for Pro

Hac Vice, # 2 Certificate of Good Standing) (hcic). Modified on 3/2/2011 to remove

proposed order (hcic). (Additional attachment added on 3/8/2011: # 3 Certificate of

Good Standing from Supreme Court of Florida as provided by filing user) (hcic).

(Entered: 03/02/2011)

03/02/2011 144 MOTION to Appear Pro Hac Vice by Stephen E. Kelly ( Filing fee $ 250 receipt

number 0420-3235403) by Firehouse Restaurant Group Inc. Response to Motion due

by 3/21/2011 No proposed order(Manos, Marcus) (Main Document 144 replaced on

3/2/2011 with corrected document) (hcic). (Additional attachment(s) added on

3/2/2011: # 1 Application for Pro Hac Vice, # 2 Certificate of Good Standing) (hcic).

Modified on 3/2/2011 to remove proposed order (hcic). (Additional attachment added

on 3/8/2011: # 3 Certificate of Good Standing from Supreme Court of Florida as

provided by filing user) (hcic). (Entered: 03/02/2011)

03/03/2011 145 TEXT ORDER granting 142 Motion to Appear Pro Hac Vice for Michael JDewberry; granting 143 Motion to Appear Pro Hac Vice for Richard S Vermut;

granting 144 Motion to Appear Pro Hac Vice to Stephen E Kelly. Signed by

Honorable R Bryan Harwell on 3/3/2011. (hcic) (Entered: 03/03/2011)

03/24/2011 147 RESPONSE in Opposition re 135 MOTION for Summary Judgment Plaintiffs'


(Attachments: # 1 Exhibit EEE - Affidavit of Heath Scurfield - Part One, # 2 Exhibit

EEE - Affidavit of Heath Scurfield - Part Two, # 3 Exhibit FFF - Supplemental

Affidavit of Heath Scurfield - Part One, # 4 Exhibit FFF - Supplemental Affidavit of

Heath Scurfield - Part Two, # 5 Exhibit FFF - Supplemental Affidavit of Heath

Scurfield - Part Three, # 6 Exhibit GGG - Supplemental Affidavit of Ammon Lesher,

# 7 Exhibit HHH - Pending Trademark Application of Firehouse Coffee Co., # 8

Exhibit III - Pending Trademark Applicatino of Smokey's Firehouse Adventure, # 9

Exhibit JJJ - Pending Trademark Application of Sexy Chicken's Firehouse, # 10

Exhibit KKK - Pending Trademark Application of Cybex Firehouse Fitness, # 11

Exhibit LLL - Pending Trademark Application of The Firehouse Community Arts

Center Sparking New Flames One Kid At A Time, # 12 Exhibit MMM - Pending

Trademark Application of The Firehouse Community Arts Center, # 13 Exhibit NNN -

November 12, 2003 letter to Joseph Bertuglia, # 14 Exhibit OOO - April 29, 2004

letter to David Byers, # 15 Exhibit PPP - May 27, 2004 to Thomas Vasta, # 16 Exhibit

QQQ - June 11, 2004 letter to Mike Kefer, # 17 Exhibit RRR - January 12, 2005 letterto Bruce Loeffler, # 18 Exhibit SSS - March 10, 2005 letter to Off the Cliff

Entertainment, Inc., # 19 Exhibit TTT - March 22, 2005 letter to Firehouse Grill &

Pub, # 20 Exhibit UUU - March 22, 2005 letter to James E. Sublett, # 21 Exhibit VVV

- April 13, 2005 letter to Ronald S. Pierce, # 22 Exhibit WWW - April 13, 2005 letter

to Tim Breckenridge, # 23 Exhibit XXX - October 20, 2006 letter to Jim Smith, # 24

Exhibit YYY - April 12, 2007 letter to The Firehouse, # 25 Exhibit ZZZ - June 6, 2008

letter to The Firehouse Grill)(Hurley, Sarah) (Entered: 03/24/2011)


28 8/27/2011


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04/07/2011 148 REPLY to Response to Motion re 135 MOTION for Summary Judgment Response

filed by Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit 1-Exhibit List, # 2

Exhibit HH-Specimen to USPTO, # 3 Exhibit II-Court Order, # 4 Exhibit JJ-2nd Supp.

Aff. of Cocciolo, # 5 Exhibit KK-USPTO-Firehouse Coffee Co., # 6 Exhibit

LL-USPTO-Sexy Chicken's Firehouse, # 7 Exhibit MM-Supp. Rule 26 Disclosures, #

8 Exhibit NN-Puerto Rico Lawsuit, # 9 Exhibit OO-Petitions Filed with USPTO, # 10

Exhibit PP-Table of Cases/Authorities, # 11 Exhibit PP-1-Case Cited, # 12 Exhibit

PP-2-Case Cited, # 13 Exhibit PP-3-Case Cited, # 14 Exhibit PP-4-Case Cited, # 15Exhibit PP-5-Case Cited, # 16 Exhibit PP-6-Case Cited, # 17 Exhibit PP-7-Case Cited,

# 18 Exhibit PP-8-Case Cited, # 19 Exhibit PP-9-Case Cited)(Manos, Marcus)

Modified on 4/8/2011 to correct case number on document as verified by filing user

(hcic). (Entered: 04/07/2011)

04/07/2011 149 REPLY to Response to Motion re 81 MOTION for Summary Judgment Plaintiffs'

Response filed by Scurmont LLC. (Attachments: # 1 Exhibit AAAA - firehero.org

website page, # 2 Exhibit BBBB - Petition for Cancellation of Dalmatian Mark filed

by FRG, # 3 Exhibit CCCC - Trademark Application filed by Firehouse Wing Co., # 4

Exhibit DDDD - Petition for Cancellation of Frankies Firehouse Mark filed by

FRG)(Hurley, Sarah) (Entered: 04/07/2011)

05/11/2011 150 Sealed Documents submitted for the Court's in camera review related to Motion 73 .

(Attachments: # 1 Firehouse Subs Awareness and Usage Research Wave 1, # 2

Firehouse Subs Awareness and Usage Research Wave 2, # 3 Firehouse Subs

Awareness and Usage Research Wave 3, # 4 Firehouse Subs Awareness and Usage

Research Wave 4, # 5 The Redlight Project, # 6 Firehouse Subs Sales and Advertising

Expense History by Year, # 7 Preliminary Expert Report of Charles L. Alford, III, # 8

Expert Witness Report of Peter Sealey, # 9 Letter from Robin Sorensen to Dillip

Kanji, # 10 E-mail from Dilip Kanji to Robin Sorensen, # 11 Letter from Dilip Kanji

to Robin Sorensen, # 12 Firehouse receipt, # 13 E-mail from Robin Sorensen toKristen Moore, # 14 Transcript of deposition of Robin Sorensen, # 15 Transcript of

deposition of Bryan Paquin, # 16 Transcript of deposition of Deborah G. Duncan, # 17

Transcript of deposition of Heath W. Scurfield) Filed per direction of Chambers.

Modified on 5/16/2011 to correct ECF headers on attachments (hcic). (Entered:

05/11/2011)

05/11/2011 151 Sealed Documents submitted for the Court's in camera review related to Motion 110 .

(Attachments: # 1 Declaration of Doug Reifschneider, # 2 Declaration of Terrence

Rooke) (hcic) (Entered: 05/11/2011)

05/27/2011 152 RULE 26(a)(3)PRETRIAL DISCLOSURES by Firehouse Restaurant Group Inc.Objections to PreTrial Disclosures due by 6/13/2011.(Manos, Marcus) (Entered:

05/27/2011)

05/27/2011 153 Plaintiffs'RULE 26(a)(3)PRETRIAL DISCLOSURES by Scurmont LLC. Objections

to PreTrial Disclosures due by 6/13/2011.(Hurley, Sarah) (Entered: 05/27/2011)

06/02/2011 154 Supplemental RULE 26(a)(3)PRETRIAL DISCLOSURES by Firehouse Restaurant

Group Inc. Objections to PreTrial Disclosures due by 6/20/2011.(Manos, Marcus)

(Entered: 06/02/2011)


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06/10/2011 155 OBJECTIONS byFirehouse Restaurant Group Inc to 153 Pretrial Disclosures. (Manos,


06/10/2011 156 REPLY by Firehouse Restaurant Group IncDefendants' Rule 32(a)(6) Deposition

Counter-Designations. (Manos, Marcus) (Entered: 06/10/2011)

06/13/2011 157 Plaintiffs'OBJECTIONS byScurmont LLC to 152 Pretrial Disclosures. (Hurley,


06/16/2011 158 NOTICE of Hearing on Motions 77 MOTION to Strike Expert Witness Report of

William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial, 79

MOTION in Limine to Exclude Testimony of George M. Thomas, 80 MOTION in

Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD, 81 MOTION

for Summary Judgment, 135 MOTION for Summary Judgment. Motion Hearing set

for 6/30/2011 2:00 PM in Florence #1, McMillan Federal Bldg, 401 W Evans St,

Florence before Honorable R Bryan Harwell. (hcic) (Entered: 06/16/2011)

06/28/2011 159 MOTION for Leave to FileDefendants' Notice of Filing Deposition Transcript of

William O. Bearden, Ph.D. by Firehouse Restaurant Group Inc. Response to Motion

due by 7/15/2011 (Attachments: # 1 Exhibit Defendant's Notice of Filing DepositionTranscript of William O. Bearden, Ph.D.)No proposed order(Grier, Manton) (Entered:

06/28/2011)

06/30/2011 160 Minute Entry. Proceedings held before Honorable R Bryan Harwell: MOTION

HEARING held on 6/30/2011; TAKING UNDER ADVISEMENT 77 Motion to

Strike to StrikeExpert Witness Report of William O. Bearden and to Exclude the

Testimony of William O. Bearden at Trial; TAKING UNDER ADVISEMENT79

Motion in Limine to Exclude Testimony of George M. Thomas filed by Scurmont

LLC,; TAKING UNDER ADVISEMENT 80 Motion in Limine to Exclude

Testimony and Rebuttal Report of Peter Sealey, PhD filed by Scurmont LLC;

TAKING UNDER ADVISEMENT 81 Motion for Summary Judgment filed by

Scrumont LLC; TAKING UNDER ADVISEMENT 135 Motion for Summary

Judgment filed by Firehouse Restaurant Group, Inc.; granting without objection

159 Motion for Leave to File; additional briefs as instructed at the hearing due by

5:00 p.m. on 7/6/11; counsel to advise Court if parties are to be re-aligned. Motion

in Limine deadline extended one week from 7/7/11 to 7/14/11. Jury Selection

7/28/11 9:30 a.m.; trial - 1 week. Court Reporter Vince Rolland. (mcam) (Entered:

07/01/2011)

07/06/2011 161 CALENDAR NOTICE of Hearing: Jury Selection set for 7/28/2011 09:30 AM in

Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable RBryan Harwell. (hcic) (Entered: 07/06/2011)

07/06/2011 162 RESPONSE in Opposition re 135 MOTION for Summary Judgment Supplemental



07/06/2011 163 RESPONSE in Support re 135 MOTION for Summary JudgmentDefendants'

Response to Plaintiffs' Supplemental Brief in Response to Defendants' Motion for

Summary JudgmentResponse filed by Firehouse Restaurant Group Inc. (Manos,



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07/08/2011 164 ORDER granting in part and denying in part 77 Motion to Strike; granting in

part and denying in part 79 Motion in Limine; denying 80 Motion in Limine;

denying 81 Motion for Summary Judgment; granting in part and denying in part

135 Motion for Summary Judgment. Signed by Honorable R Bryan Harwell on

7/8/2011. (hcic) Modified on 7/27/2011 - Parties shall be REALIGNED in this dispute

so that (1) Firehouse Restaurant Group, Inc., a Florida corporation, (2) Three Alarm

Subs, Inc., a South Carolina corporation, and (3) Fireside Restaurant Company, Inc., a

South Carolina corporation are designated as PLAINTIFFS AND (1) Scurmont LLC,d/b/a Calli Baker's Firehouse Bar & Grill and (2) Heath Scurfield, an individual, are

designated as DEFENDANTS (mcam). (Entered: 07/08/2011)

07/14/2011 166 MOTION in Limine by Firehouse Restaurant Group Inc, Fireside Restaurant

Company Inc. Response to Motion due by 8/1/2011 (Attachments: # 1 Exhibit A Part

1 of 3 - 3rd Party Websites, # 2 Exhibit A Part 2 of 3 - 3rd Party Websites, # 3 Exhibit

A Part 3 of 3 - 3rd Party Websites, # 4 Exhibit B - Aff. of A.Lesher, # 5 Exhibit C - 1st

Aff. of H.Scurfield, # 6 Exhibit D - 2nd Aff. of H.Scurfield, # 7 Exhibit E - Video

Transcript, # 8 Exhibit F - 3rd Party Communications, # 9 Exhibit G - Table of Cases,

# 10 Exhibit G-1 - Agron v Trustees of Columbia Univ., # 11 Exhibit G-2 - Bates v

Dura, # 12 Exhibit G-3 - BellSouth v Internet Class., # 13 Exhibit G-4 - Chesler v

Trinity, # 14 Exhibit G-5 - Gell v Town of Aulander, # 15 Exhibit G-6 - Int. Spec. v

ISPWest, # 16 Exhibit G-7 - Kearney v Auto-Owners, # 17 Exhibit G-8 - Koger v

Norfolk, # 18 Exhibit G-9 - Lorraine v Markel, # 19 Exhibit G-10 - Mountain Funding

v Frontier, # 20 Exhibit G-11 - Novak v Tucows, # 21 Exhibit G-12 - St.Luke's v

Sanderson, # 22 Exhibit G-13 - Ty Inc v Softbelly's) No proposed order. (Manos,

Marcus) (Additional attachment) added on 7/15/2011: # 23 Index to Exhibits)

Modified on 7/15/2011 to add Index of Exhibits and to add descriptive names to

exhibits (hcic). (Entered: 07/14/2011)

07/14/2011 167 MOTION in Limine by Scurmont LLC. Response to Motion due by 8/1/2011(Attachments: # 1 Memo in Support, # 2 Exhibit A - Three Alarm Subs' Responses to

Interrogatories)No proposed order(Hurley, Sarah) (Entered: 07/14/2011)

07/15/2011 168 STATUS REPORT by Heath Scurfield, Scurmont LLC. (Hurley, Sarah) Modified on

7/15/2011 to correct event type. (hcic) (Entered: 07/15/2011)

07/15/2011 169 STATUS REPORTDefendants' Submission in Response to the Court's Term of Court

Notice by Firehouse Restaurant Group Inc. (Manos, Marcus) (Entered: 07/15/2011)

07/18/2011 170 MOTION to ContinueDefendants' Motion to Set Trial for a Date Certain by

Firehouse Restaurant Group Inc. Response to Motion due by 8/4/2011 (Attachments: #

1 Exhibit A Declaration of Don Fox, # 2 Exhibit B Case Cited Part 1, # 3 Exhibit BCase Cited Part 2)No proposed order(Manos, Marcus) (Entered: 07/18/2011)

07/19/2011 171 TEXT ORDER: The parties shall file expedited responses to the pending motions

in limine by 5:00pm on Monday, July 25, 2011. Signed by Honorable R Bryan

Harwell on 7/19/2011. (cswe, ) (Entered: 07/19/2011)

07/19/2011 172 RESPONSE in Opposition re 170 MOTION to ContinueDefendants' Motion to Set

Trial for a Date Certain Response filed by Scurmont LLC.Reply to Response to

Motion due by 7/29/2011 (Attachments: # 1 Exhibit A - Website Page for Firehouse


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Subs Family Reunion)(Hurley, Sarah) (Entered: 07/19/2011)

07/21/2011 174 DECLARATIONbyFirehouse Restaurant Group Incre 170 MOTION to Continue

Defendants' Motion to Set Trial for a Date Certain. (Attachments: # 1 Affidavit

Executed Declaration of Don Fox)(Manos, Marcus) (Entered: 07/21/2011)

07/21/2011 175 Proposed Jury Instructions by Scurmont LLC, Heath Scurfield. (Hurley, Sarah)

Modified on 7/22/2011 to add filer listed on document (hcic). (Entered: 07/21/2011)

07/21/2011 176 Proposed Voir Dire by Scurmont LLC, Heath Scurfield. (Hurley, Sarah) Modified on

7/22/2011 to add filer listed on document (hcic). (Entered: 07/21/2011)

07/21/2011 177 Exhibit List by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc,

Three Alarm Subs Inc. (Manos, Marcus) (Entered: 07/21/2011)

07/21/2011 178 Proposed Voir Dire by Firehouse Restaurant Group Inc, Fireside Restaurant Company

Inc, Three Alarm Subs Inc. (Manos, Marcus) (Entered: 07/21/2011)

07/21/2011 179 Proposed Jury Instructions by Firehouse Restaurant Group Inc, Fireside Restaurant

Company Inc, Three Alarm Subs Inc. (Attachments: # 1 Main Document Proposed

Jury Charges)(Manos, Marcus) (Entered: 07/21/2011)

07/25/2011 180 RESPONSE in Opposition re 167 MOTION in Limine by Defendants' to Exclude

Plaintiffs' Evidence of Actual Confusion Response filed by Firehouse Restaurant

Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc.Reply to

Response to Motion due by 8/4/2011 (Attachments: # 1 Exhibit A, Plaintiffs' Rule 26

Supplement Disclosures and Responses, # 2 Exhibit B, Table of Legal Authorities, # 3

Addendum B-1, Banks v Office of the Senate, # 4 Addendum B-2, Buttefuly-Biles v

State Farm, # 5 Addendum B-3, Costa v County of Burlington, # 6 Addendum B-4,

Fort Hall v Bureau of Indian Affairs, # 7 Addendum B-5, Johnson v Big Lots, # 8

Addendum B-6, Mugavero v Arms Acres, # 9 Addendum B-7, Wilson v Lakner, # 10

Addendum B-8, W R Grace v Viskase Corp, # 11 Addendum B-9, 8A Charles Alan

Wright et al)(Manos, Marcus) (Entered: 07/25/2011)

07/25/2011 181 RESPONSE in Opposition re 166 MOTION in Limine Response filed by Scurmont

LLC.Reply to Response to Motion due by 8/4/2011 (Hurley, Sarah) See 185 for

additional attachments. (Entered: 07/25/2011)

07/27/2011 182 REQUEST TO STRIKE FOR CAUSE by Scurmont LLC. (Hurley, Sarah) (Entered:

07/27/2011)

07/27/2011 183

TEXT ORDER denying 170 Motion to Set Trial for a Date Certain BeginningSeptember 7, 2011. Under Local Rule 7.08, "hearings on motions may be ordered

by the Court in its discretion. Unless so ordered, motions may be determined

without a hearing." This issue has been briefed by the parties, and the Court

believes a hearing is not necessary. The current Amended Scheduling Order was

proposed to the Court by counsel for Firehouse Subs and entered with consent of

the parties on February 10, 2011. The Amended Scheduling Order provides that

"[t]his case is subject to being called for jury selection and/or trial on or after

July 28, 2011." Given that Firehouse Subs specifically requested a trial date on or

after July 28, 2011, nearly six months ago, and given that the Firehouse Subs


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"Crew Rally" tour is not an unexpected event that has recently arisen, Firehouse

Subs has failed to demonstrate good cause for continuance of the trial date to

September or beyond.

Firehouse Subs argues that it needs protection for the Sorensens and other

executive team members for the entire month of August. This request is

unreasonable, and for the Court to require Firehouse Subs to have its various

representatives available for one week is not an unreasonable burden in a casethat has been pending this long and where the Court is available that week to try

it. This case is expected to last one week, and Firehouse Subs should be able to

have at least one, if not more, of its representatives available on each day of the

trial. The parties have agreed that the trial should not begin before August 15,

2011, due to various witness and attorney scheduling conflicts. Therefore, IT IS

HEREBY ORDERED that the trial of this case will commence on Monday,

August 15, 2011, at 9:30 am. Signed by Honorable R Bryan Harwell on 7/27/2011.

(cswe, ) (Entered: 07/27/2011)

07/27/2011 184 REQUEST TO STRIKE FOR CAUSE by Firehouse Restaurant Group Inc, Fireside

Restaurant Company Inc, Three Alarm Subs Inc. Modified on 7/27/2011 to correctevent type. (hcic) (Entered: 07/27/2011)

07/27/2011 185 Additional Attachments to Main Document 181 Response in Opposition to MotionIn

Limine. (Attachments: # 1 Exhibit Table of Cases, # 2 Exhibit A-1 Cook v. J & J, # 3

Exhibit A-2 Harris v. Koenig, # 4 Exhibit A-3 Jackson v. State, # 5 Exhibit A-4

Renaissance v. Dollar, # 6 Exhibit A-5 Stidham v. Paysour)(Lesher, Ammon)

(Entered: 07/27/2011)

07/27/2011 186 SUPPLEMENTAL RULE 26(a)(3)PRETRIAL DISCLOSURES by Firehouse

Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc.

Objections to PreTrial Disclosures due by 8/15/2011.(Manos, Marcus) (Entered:07/27/2011)

07/28/2011 187 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury

Selection held on 7/28/2011; 8 person jury selected; trial to begin on 8/15/11 9:30.

Court Reporter Raymond Simmons. (mcam) (Entered: 07/28/2011)

07/28/2011 188 Panel Strike List. (mcam) (Entered: 07/28/2011)

07/28/2011 189 Jury List. (mcam) (Entered: 07/28/2011)

07/28/2011 190 NOTICE of Hearing: Jury Trial set for 8/15/2011 09:30 AM in Florence #2, McMillan

Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell. (mcam)(Entered: 07/29/2011)

08/01/2011 191 Exhibit List by Scurmont LLC. (Hurley, Sarah) (Main Document 191 replaced on

8/9/2011 with corrected document as provided by filing user) (hcic). (Entered:

08/01/2011)

08/03/2011 192 NOTICE of Hearing on Motion 167 MOTION in Limine, 166 MOTION in Limine :

Motion Hearing set for 8/9/2011 10:30 AM in Florence #1, McMillan Federal Bldg,

401 W Evans St, Florence before Honorable R Bryan Harwell. (amil, ) (Entered:


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08/03/2011)

08/07/2011 193 MOTION in Limine To Exclude Evidence of Donations and For Other Reliefby

Scurmont LLC. Response to Motion due by 8/25/2011 (Attachments: # 1 Exhibit A -

Article from Florence Morning News, # 2 Exhibit B - Transcript from Channel 13

News, # 3 Exhibit C - Article from Post and Courier, # 4 Exhibit D - Article from

http:/www2.scnow.com, # 5 Exhibit E - Article from Independent Mail, # 6 Exhibit F -

Portion of Firehouse Subs website)No proposed order(Hurley, Sarah) (Entered:

08/07/2011)

08/08/2011 194 TEXT ORDER: Plaintiffs shall file a response to 193 Defendants' Motion in

Limine To Exclude Evidence of Donations by 5:00 pm on Monday, August 8,

2011. Signed by Honorable R Bryan Harwell on 08/08/2011. (cswe, ) (Entered:

08/08/2011)

08/08/2011 195 Exhibit List Amended by Heath Scurfield, Scurmont LLC. (Hurley, Sarah) (Main

Document 195 replaced on 8/9/2011 with corrected document as provided by filing

user) (hcic). (Entered: 08/08/2011)

08/08/2011 196 OBJECTIONS byHeath Scurfield, Scurmont LLC to 177 Exhibit List. (Hurley, Sarah)(Main Document 196 replaced on 8/9/2011 with corrected document as provided by

filing user) (hcic). (Entered: 08/08/2011)

08/08/2011 197 RESPONSE in Opposition re 193 MOTION in Limine To Exclude Evidence of

Donations and For Other ReliefResponse filed by Firehouse Restaurant Group Inc,

Fireside Restaurant Company Inc, Three Alarm Subs Inc.Reply to Response to Motion

due by 8/18/2011 (Attachments: # 1 Exhibit A. PSF Fact Sheet, # 2 Exhibit B. 2010

Approved Donations, # 3 Exhibit C. 2011 Approved Donations, # 4 Exhibit D. Q2

Approved Donations, # 5 Exhibit E. Donation Presentation Timeline, # 6 Exhibit F.

Firehouse Subs Public Safety Foundation Grant Application, # 7 Exhibit G. Crew

Rally Schedule)(Manos, Marcus) (Entered: 08/08/2011)

08/08/2011 198 Exhibit List Objections to Defendants' Trial Exhibits by Firehouse Restaurant Group

Inc. (Manos, Marcus) (Main Document 198 replaced on 8/9/2011 with corrected

document as provided by filing user) (hcic). (Entered: 08/08/2011)

08/09/2011 199 Minute Entry. Proceedings held before Honorable R Bryan Harwell: MOTION

HEARING held on 8/9/2011; taking under advisement 166 Motion in Limine filed

by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc; taking

under advisement 167 Motion in Limine filed by Scurmont LLC; taking under

advisement 193 Motion in Limine To Exclude Evidence of Donations and For

Other Relief filed by Scurmont LLC. Exhibit. Court Reporter Raymond

Simmons. (mcam) (Entered: 08/09/2011)

08/09/2011 200 COURT EXHIBIT. (mcam) (Entered: 08/09/2011)

08/10/2011 201 SUPPLEMENT by Firehouse Restaurant Group Inc, Three Alarm Subs, Inc, Fireside

Restaurant Company Inc to 197 Response in Opposition to Motion,, Plaintiffs' Notice

of Supplemental Authority. (Attachments: # 1 Exhibit A-Cited Case-Deere & Co. v.

MTD Holdings Inc., # 2 Exhibit B-Cited Case-Equine Technologies, Inc. v.

Equitechnology, Inc.)(Manos, Marcus) Modified on 8/11/2011 to add filers listed on


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document (hcic). (Main Document 201 replaced on 8/11/2011 with corrected

document as provided by filing user) (hcic). (Entered: 08/10/2011)

08/10/2011 202 REPLY to Response to Motion re 193 MOTION in Limine To Exclude Evidence of

Donations and For Other ReliefResponse filed by Heath Scurfield, Scurmont LLC.


08/11/2011 203 ORDER granting in part and denying in part 166 Motion in Limine; granting in

part and denying in part 167 Motion in Limine; denying 193 Motion in LimineSigned by Honorable R Bryan Harwell on 8/11/2011.(cswe, ) (Entered: 08/11/2011)

08/11/2011 204 RESPONSE in Opposition re 166 MOTION in Limine Supplemental Response filed

by Heath Scurfield, Scurmont LLC.Reply to Response to Motion due by 8/22/2011


08/12/2011 205 REPLY to Response to Motion re 166 MOTION in Limine Plaintiffs' Supplemental

Brief Regarding Use of Internet Evidence by William O. Bearden Response filed by

Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs

Inc. (Manos, Marcus) Modified on 8/12/2011 to add filers listed on document (hcic).

(Entered: 08/12/2011)

08/12/2011 206 TEXT ORDER: Both parties have filed supplemental briefs regarding

Defendants' intent to offer evidence of websites of other restaurants and

businesses that use the term "firehouse" in their names. Dr. Bearden may give

testimony regarding his confirmation of "actual use" only with regard to those

websites of businesses for which printouts were made a part of his deposition and

also as to any others that he specifically identified from memory (if any) at his

deposition; PROVIDED HOWEVER , that these "new disclosures" regarding his

confirmation that the businesses (i.e. users of those websites) were actually in

business, were in fact disclosed and supplemented timely as set forth in Rule 26(e)

of the Federal Rules of Civil Procedure. If they were not timely disclosed, they

are excluded. Rule 26(e)(2) provides, with regard to experts supplementing

information "included in the report and to information given during the expert's

deposition[,] [a]ny additions or changes to this information must be disclosed by

the time the party's pretrial disclosures under Rule 26(a)(3) are due." The

Amended Scheduling Order dated February 10, 2011, specified the date for

pretrial disclosures as May 27, 2011.

Plaintiffs argue that new information not included in Dr. Bearden's expert report

should be excluded even though such may have been available at his deposition

for their cross-examination of him. As the Plaintiffs have known about websitesspecifically mentioned or made a part of the record at Dr. Bearden's deposition,

they have suffered no prejudice regarding them. However, the Court will exclude

any information regarding websites that he wishes to testify to that were not

specifically mentioned or included in his deposition.

The Court has nothing from the parties as to when this new information

regarding the confirmation of these 30 websites/businesses was disclosed.

Additionally, the parties have submitted nothing to the Court to determine if the

disclosures were made prior to May 27, 2011. The parties should advise the Court


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in writing whether such disclosures were or were not made by the deadline and

provide any evidence thereof if in dispute, or advise if they are in agreement that

the information was disclosed prior to May 27, 2011.

** Also, counsel are instructed to confer and advise the Court to which requested

jury charges they agree and further to submit a proposed verdict form. Signed by

Honorable R Bryan Harwell on 8/12/2011. (cswe, ) (Entered: 08/12/2011)

08/12/2011 207 Defendants' Counter Designations andOBJECTIONS byHeath Scurfield, Scurmont

LLC to 186 Pretrial Disclosures. (Hurley, Sarah) (Entered: 08/12/2011)

08/12/2011 208 STIPULATION re 206 Order, Joint Stipulation Regarding Use of Certain Internet

Evidence by William O. Bearden by Firehouse Restaurant Group Inc, Fireside

Restaurant Company Inc, Three Alarm Subs, Inc, Heath Scurfield, Scurmont LLC.

(Manos, Marcus) Modified on 8/15/2011 to add filer listed on document (hcic).

(Entered: 08/12/2011)

08/15/2011 209 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial

held on 8/15/2011; exhibits; 8 person jury sworn; preliminary instructions,

opening statements; witnesses; reconvene on 8/16/11 9:30 a.m. Court Reporter

Raymond Simmons. (mcam) (Entered: 08/15/2011)


held/continued on 8/16/2011; witnesses; reconvene 8/17/11 9:30 a.m. Court

Reporter Raymond Simmons. (mcam) (Entered: 08/16/2011)


held/continued on 8/17/2011; witnesses; exhibits; Plaintiff's rest; oral motion of

plaintiffs for judgment as a matter of law as to fraud is denied; oral motion of

defendants for judgment as a matter of law is denied; reconvene on 8/18/11 9:30

a.m. Court Reporter Raymond Simmons. (mcam) (Entered: 08/17/2011)


held/continued on 8/18/2011; exhibits; witnesses; defendants rest; oral motions of

plaintiffs for judgment as a matter of law are denied; oral motion of defendants

for judgment as a matter of law is denied; reconvene on 8/19/11 9:30 a.m. Court

Reporter Raymond Simmons. (mcam) (Entered: 08/19/2011)


continued and completed on 8/19/2011; closing arguments, charge, deliberation,

verdict; Plaintiffs renew Rule 50 motion and will file motion within 10 days;

defendants will file motion for attorney's fees within 10 days. Court ReporterRaymond Simmons. (mcam) (Entered: 08/19/2011)

08/19/2011 214 Exhibit List of Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc and

Three Alarm Subs Inc.(mcam) (Entered: 08/19/2011)

08/19/2011 215 Exhibit List of Scurmont LLC and Heath Scurfield. (mcam) (Entered: 08/19/2011)

08/19/2011 216 Jury Note. (mcam) (Entered: 08/19/2011)

08/19/2011 218 JURY VERDICT. (mcam) (Entered: 08/19/2011)


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08/19/2011 220 Jury Instructions. (mcam) (Entered: 08/19/2011)

08/19/2011 221 ORDER RETURNING EXHIBITS. Signed by Honorable R Bryan Harwell on

8/19/11. (mcam) (Entered: 08/19/2011)

08/22/2011 222 JUDGMENT in favor of Scurmont LLC and Heath Scurfield against Firehouse

Restaurant Group Inc, Fireside Restaurant Company Inc and Three Alarm Subs Inc

(mcam) (Entered: 08/22/2011)

08/24/2011 225 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or

Trademark. (Attachments: # 1 Judgment, # 2 Verdict)(mcam) (Entered: 08/24/2011)

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