palmer docket

25MAG, CLOSED, STD

U.S. District CourtDISTRICT OF ARIZONA (Phoenix Division)

CIVIL DOCKET FOR CASE #: 2:07-cv-02111-LOA

FCC, Inc. v. Andrew P. Palmer et alAssigned to: Magistrate Judge Lawrence O AndersonCause: 15:1051 Trademark Infringement

Date Filed: 10/30/2007Date Terminated: 01/08/2008Jury Demand: None

Nature of Suit: 840 TrademarkJurisdiction: Federal Question

Plaintiff

FCC, Inc.an Arizona foreign corporation ofFranchise Capital Corporation, aBarbados corporation

represented by Jordan M MeschkowMeschkow & Gresham PLC5727 N 7th StSte 409

Phoenix , AZ 85014-5818602-274-6996Fax: 602-274-6970

Email: [email protected] TO BE NOTICED

V.

Defendant

Andrew P. Palmeran individual and his spouse

represented by Andrew P PalmerAndrew P Palmer & Associates

200 Cordwainer DrSte 301Norwell , MA 02061-1671

(781)681-9811LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Franchise Institute, Inc.a Delaware corporation

represented by Andrew P Palmer(See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED

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https://ecf.azd.uscourts.gov/cgi-bin/D… 1/6

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


Defendant

Terry O. Powellan individual

represented by Andrew P Palmer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Karen Powellhis spouse



Defendant

Jane Doe Palmer represented by Andrew P Palmer(See above for address)LEAD ATTORNEY


Counter Claimant

Karen Powell represented by Andrew P Palmer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

Terry O. Powell represented by Andrew P Palmer(See above for address)


Counter Claimant

Jane Doe Palmer represented by Andrew P Palmer(See above for address)LEAD ATTORNEY


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Counter Claimant

Andrew P. Palmeran individual and his spouse

represented by Andrew P Palmer(See above for address)LEAD ATTORNEY


Counter Claimant

Franchise Institute, Inc.a Delaware corporation

represented by Andrew P Palmer(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

TES Franchising L.L.C.a Conneticut limited liability company



V.

Counter Defendant

FCC, Inc.an Arizona foreign corporation of

Franchise Capital Corporation, aBarbados corporation

represented by Jordan M Meschkow(See above for address)


Date Filed # Docket Text

01/08/2008 22 ORDER DISMISSING CASE - The Court having considered the Notice ofDismissal, 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 ofProposed 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. Powelland 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 thisCourt 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 judgejurisdiction or electing to have this case assigned to a district judge before the1/18/2008 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 #16by 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 AndrewP. 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 andCounterclaim 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 FranchisingL.L.C., Jane Doe Palmer, Terry O. Powell, Karen Powell. (SAT) Modified on12/7/2007 (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 andKaren 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 electionto have the case reassigned to a United States district judge. FURTHER ORDEREDthat 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 on12/1/06. 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, FranchiseInstitute, 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, FranchiseInstitute, 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 byDefault 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. FURTHERORDERED 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 FURTHERORDERED 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 byJudge 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: # 1Exhibits)(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 on11/5/2007; 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 on11/5/2007. (Meschkow, Jordan) (Entered: 11/15/2007)

11/09/2007 7 SUMMONS Returned Executed by FCC, Inc.. Franchise Institute, Inc. served on11/5/2007. (Meschkow, Jordan) (Entered: 11/09/2007)

11/09/2007 6 SUMMONS Returned Executed by FCC, Inc.. Andrew P. Palmer served on11/5/2007. (Meschkow, Jordan) (Entered: 11/09/2007)

11/06/2007 5 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate JudgeJurisdiction. 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 judgejurisdiction or elect to proceed before a United States district judge. IT IS FURTHERORDERED 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 theDfts. IT IS FURTHER ORDERED that Dfts shall either consent to magistrate judgejurisdiction 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 FranchisingL.L.C., Terry O. Powell, Karen Powell. (Attachments: # 1 Franchise Institute# 2Terry & Karen Powell# 3 TES Franchising) SUMMONS ARE NOT ISSUED FOR

FICTITIOUS PARTIES.(HIH). *** IMPORTANT: You must select "Document and

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FICTITIOUS PARTIES.(HIH). *** IMPORTANT: You must select "Document andstamps" 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-PHX-LOA. (entered by HIH) (Entered: 10/31/2007)

10/30/2007 1 COMPLAINT. Filing fee received: $ 350.00, receipt number 1530458, filed byFCC, Inc.. (Attachments: # 1 Exhibit A-I# 2 Civil Cover Sheet # 3 Summons # 4Summons # 5 Summons # 6 Summons # 7 Summons # 8 Summons # 9

Summons)(Meschkow, Jordan) (Entered: 10/30/2007)

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