This case was last updated from PACER on 11/22/2019 at 16:13:34 (UTC).

Jeffery et al v. Driven Brands, Inc. et al

Case Summary

On 09/09/2019 Jeffery filed a Contract - Franchise lawsuit against Driven Brands, Inc. This case was filed in U.S. District Courts, California Northern District. The Judges overseeing this case are Donna M. Ryu and Haywood S Gilliam, Jr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:19-CV-05647

  • Filing Date:

    09/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Franchise

  • Courthouse:

    California Northern District

Judge Details

Presiding Judges

Donna M. Ryu

Haywood S Gilliam, Jr

 

Party Details

Plaintiffs

David Gutierrez

Jacqueline Duenas

Ahmad Elsayed

Maria G. Maravilla

Elias Garica

Neil Michell

Scott W. Jeffery

Elias Garcia

Defendants

Driven Brands, Inc.

Maaco Enterprises, Inc.

Maaco Franchising, LLC

Maaco Franchising, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Diane Aqui

Attorney at Smith Dollar PC

418 B Street, Fourth Floor

Santa Rosa, CA 95401

Defendant Attorneys

Karen Marchiano

Attorney at DLA Piper LLP (US)

2000 University Avenue

East Palo Alto, CA 94303

Barry M Heller

Attorney at DLA Piper

11911 Freedom Drive

Reston, VA 20190

John J. Dwyer

Attorney at DLA Piper LLP (US)

One Fountain Square, 11911 Freedom Drive, Suite 300

Reston, VA 20190

 

Court Documents

#28

(#28) ORDER by Judge Haywood S. Gilliam, Jr. Granting #26 Motion for Pro Hac Vice as to Barry Heller. (ndrS, COURT STAFF) (Filed on 11/21/2019) (Entered: 11/21/2019)

#27

(#27) ORDER by Judge Haywood S. Gilliam, Jr. Granting #25 Motion for Pro Hac Vice as to John Dwyer. (ndrS, COURT STAFF) (Filed on 11/21/2019) (Entered: 11/21/2019)

26 #1

Exhibit Certificate of Good Standing

#26

(#26) MOTION for leave to appear in Pro Hac Vice Barry Heller ( Filing fee $ 310, receipt number 0971-13883798.) filed by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Heller, Barry) (Filed on 11/13/2019) (Entered: 11/13/2019)

25 #1

Exhibit Certificate of Good Standing

#25

(#25) MOTION for leave to appear in Pro Hac Vice John Dwyer ( Filing fee $ 310, receipt number 0971-13883663.) filed by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Dwyer, John) (Filed on 11/13/2019) (Entered: 11/13/2019)

#24

(#24) REPLY (re #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC ) filed byDriven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Marchiano, Karen) (Filed on 11/12/2019) Modified on 11/13/2019 (jjbS, COURT STAFF). (Entered: 11/12/2019)

19 #1

Proposed Order [Proposed] Order for Motion to Dismiss

#19

(#20) CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the #19 motion to dismiss. Hearing date of February 27th, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. February 27th was not the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/22/2019)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2019. Initial Case Management Conference set for 12/18/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

#2

(#2) Proposed Summons. (Aqui, Diane) (Filed on 9/9/2019) (Entered: 09/09/2019)

1 #6

Civil Cover Sheet

1 #5

Exhibit

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Exhibit

#1

(#1) COMPLAINT (with jury demand) against All Defendants (Filing fee $400, receipt number 0971-13684827). Filed by Neil Michell, Maria G. Maravilla, Jacqueline Duenas, Elias Garica, David Gutierrez, Scott W. Jeffery, Ahmad Elsayed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet)(Aqui, Diane) (Filed on 9/9/2019) Modified on 9/10/2019 (cjlS, COURT STAFF). (Entered: 09/09/2019)

24 More Documents Available

 

Docket Entries

  • 11/21/2019
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  • (#28) ORDER by Judge Haywood S. Gilliam, Jr. Granting #26 Motion for Pro Hac Vice as to Barry Heller. (ndrS, COURT STAFF) (Filed on 11/21/2019) (Entered: 11/21/2019)

    Read MoreRead Less
  • 11/21/2019
  • View Court Documents
  • (#27) ORDER by Judge Haywood S. Gilliam, Jr. Granting #25 Motion for Pro Hac Vice as to John Dwyer. (ndrS, COURT STAFF) (Filed on 11/21/2019) (Entered: 11/21/2019)

    Read MoreRead Less
  • 11/13/2019
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  • (#26) MOTION for leave to appear in Pro Hac Vice Barry Heller ( Filing fee $ 310, receipt number 0971-13883798.) filed by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Heller, Barry) (Filed on 11/13/2019) (Entered: 11/13/2019)

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  • 11/13/2019
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  • (#25) MOTION for leave to appear in Pro Hac Vice John Dwyer ( Filing fee $ 310, receipt number 0971-13883663.) filed by Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Dwyer, John) (Filed on 11/13/2019) (Entered: 11/13/2019)

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  • 11/12/2019
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  • (#24) REPLY (re #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC ) filed byDriven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (Marchiano, Karen) (Filed on 11/12/2019) Modified on 11/13/2019 (jjbS, COURT STAFF). (Entered: 11/12/2019)

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  • 11/05/2019
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  • (#23) CERTIFICATE OF SERVICE by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell re #22 Opposition/Response to Motion, (Aqui, Diane) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). (Entered: 11/05/2019)

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  • 11/05/2019
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  • (#22) OPPOSITION/RESPONSE (re #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC ) filed by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell. (Aqui, Diane) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). (Entered: 11/05/2019)

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  • 10/23/2019
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  • #Electronic filing error. REMINDER TO COUNSEL: Proposed Order missing suffix to Judge's Name. Counsel need not re-file document, but should reference Hon. Judge Haywo od S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. Re: #19 MOTION to Dismiss Defendants Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., and Maaco Franchising, LLC filed by Maaco Franchising, LLC, Maaco Franchising, Inc., Maaco Enterprises, Inc. (jjbS, COURT STAFF) (Filed on 10/23/2019) (Entered: 10/23/2019)

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  • 10/22/2019
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  • (#21) AMENDED NOTICE of Motion re #19 MOTION to Dismiss filed by Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. Motion Hearing set for 3/5/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. (Marchiano, Karen) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). Modified on 10/23/2019 (jjbS, COURT STAFF). (Entered: 10/22/2019)

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  • 10/22/2019
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  • (#20) CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the #19 motion to dismiss. Hearing date of February 27th, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. February 27th was not the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/22/2019)

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9 More Docket Entries
  • 09/26/2019
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  • (#10) WAIVER OF SERVICE Returned Executed filed by Neil Michell, Maria G. Maravilla, Jacqueline Duenas, Elias Garcia, David Gutierrez, Scott W. Jeffery, Ahmad Elsayed. Service waived by Maaco Enterprises, Inc. waiver sent on 9/26/2019, answer due 11/25/2019. Response due by Mutual Agreement 10/22/2019 (Aqui, Diane) (Filed on 9/26/2019) (Entered: 09/26/2019)

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  • 09/25/2019
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  • (#9) CERTIFICATE OF SERVICE by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell Proof of Service for Maaco Franchising Inc. (Aqui, Diane) (Filed on 9/25/2019) (Entered: 09/25/2019)

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  • 09/24/2019
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  • (#8) CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/8/2019. (ig, COURT STAFF) (Filed on 9/24/2019) (Entered: 09/24/2019)

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  • 09/23/2019
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  • (#7) Proof of Service to Maaco Franchising, LLC by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell. (Aqui, Diane) (Filed on 9/23/2019) Modified on 9/24/2019 (cjlS, COURT STAFF). (Entered: 09/23/2019)

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  • 09/23/2019
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  • (#6) Proof of Service to Drive Brands, Inc. by Jacqueline Duenas, Ahmad Elsayed, Elias Garcia, David Gutierrez, Scott W. Jeffery, Maria G. Maravilla, Neil Michell. (Aqui, Diane) (Filed on 9/23/2019) Modified on 9/24/2019 (cjlS, COURT STAFF). (Entered: 09/23/2019)

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  • 09/10/2019
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  • (#5) Summons Issued as to Driven Brands, Inc., Maaco Enterprises, Inc., Maaco Franchising, Inc., Maaco Franchising, LLC. (cjlS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

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  • 09/10/2019
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  • (#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2019. Initial Case Management Conference set for 12/18/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

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  • 09/09/2019
  • (#3) Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/23/2019. (as, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

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  • 09/09/2019
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  • (#2) Proposed Summons. (Aqui, Diane) (Filed on 9/9/2019) (Entered: 09/09/2019)

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  • 09/09/2019
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  • (#1) COMPLAINT (with jury demand) against All Defendants (Filing fee $400, receipt number 0971-13684827). Filed by Neil Michell, Maria G. Maravilla, Jacqueline Duenas, Elias Garica, David Gutierrez, Scott W. Jeffery, Ahmad Elsayed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet)(Aqui, Diane) (Filed on 9/9/2019) Modified on 9/10/2019 (cjlS, COURT STAFF). (Entered: 09/09/2019)

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