This case was last updated from PACER on 01/14/2020 at 09:28:11 (UTC).

Morris CM Enterprises, LLC v. Wingstop Franchising LLC

Case Summary

On 11/15/2019 Morris CM Enterprises, LLC filed a Contract - Franchise lawsuit against Wingstop Franchising LLC. This case was filed in U.S. District Courts, California Eastern District. The Judges overseeing this case are Kimberly J. Mueller and Carolyn K. Delaney. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-02306

  • Filing Date:

    11/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Franchise

  • Courthouse:

    California Eastern District

Judge Details

Presiding Judge

Kimberly J. Mueller

Referral Judge

Carolyn K. Delaney

 

Party Details

Plaintiffs and Counter Defendants

Morris CM Enterprises, LLC

Michael Morris

Defendant and Counter Claimant

Wingstop Franchising LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Timothy W Moppin

Attorney at Bassi Edlin Huie & Blum

500 Washington Street, Suite 700

San Francisco, CA 94111

Timothy W. Moppin

Attorney at Attorney at Law

2015 Junction Avenue

El Cerrito, CA 94530

Defendant and Counter Claimant Attorneys

Karen C. Marchiano

Attorney at DLA Piper LLP (US)

2000 University Avenue

East Palo Alto, CA 94303

John F. Verhey, PHV

Attorney at DLA Piper LLP (US)

444 West Lake St, Suite 900

Chicago, IL 60606-0089

 

Court Documents

19 #2

Exhibit D

19 #1

Declaration Supplemental Declaration of Steven Link in Support of Wingstop Franc

#19

(#19) REPLY by Wingstop Franchising LLC re #9 Motion to Stay,. (Attachments: #1 Declaration Supplemental Declaration of Steven Link in Support of Wingstop Franchising LLC's Motion to Stay Proceedings Pending Arbitration, or to Dismiss Complaint, #2 Exhibit D)(Marchiano, Karen) (Entered: 01/10/2020)

9 #5

Exhibit C

9 #4

Exhibit B

9 #3

Exhibit A

9 #2

Declaration of Steven Link

9 #1

Memorandum

#9

(#16) OPPOSITION by Morris CM Enterprises, LLC to #9 Motion to Stay.(Moppin, Timothy) . (Entered: 01/03/2020)

#5

(#5) COUNTERCLAIM for PRELIMINARY and PERMANENT INJUNCTIVE RELIEF and DAMAGES against Morris CM Enterprises, LLC by Wingstop Franchising LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marchiano, Karen) Modified on 11/27/2019 (Benson, A.). (Entered: 11/15/2019)

#4

(#4) CERTIFICATE of SERVICE by Wingstop Franchising LLC re #1 Notice - Other. (Marchiano, Karen) (Entered: 11/15/2019)

3 #3

VDRP

3 #2

Consent Form

3 #1

KJM Standing Order

#3

(#3) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/9/2020 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 KJM Standing Order, #2 Consent Form, #3 VDRP) (Becknal, R) (Entered: 11/15/2019)

#2

(#2) NOTICE OF INTERESTED PARTIES by Wingstop Franchising LLC. (Marchiano, Karen) (Entered: 11/15/2019)

1 #1

Civil Cover Sheet

#1

(#4) CERTIFICATE of SERVICE by Wingstop Franchising LLC re #1 Notice - Other. (Marchiano, Karen) (Entered: 11/15/2019)

43 More Documents Available

 

Docket Entries

  • 01/10/2020
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  • (#19) REPLY by Wingstop Franchising LLC re #9 Motion to Stay,. (Attachments: #1 Declaration Supplemental Declaration of Steven Link in Support of Wingstop Franchising LLC's Motion to Stay Proceedings Pending Arbitration, or to Dismiss Complaint, #2 Exhibit D)(Marchiano, Karen) (Entered: 01/10/2020)

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  • 01/06/2020
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  • (#18) CLERK'S ENTRY OF DEFAULT as to *Morris CM Enterprises, LLC* (Mena-Sanchez, L) (Entered: 01/06/2020)

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  • 01/03/2020
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  • (#17) ORDER signed by District Judge Kimberly J. Mueller on 1/3/2020 ENJOINING Morris CM Enterprise LLC and Michael Morris, and their agents, servants, and employees, and all those individuals in active concert or participation with them, as detailed in this Order, and ORDERING Morris CM Enterprise LLC and Michael Morris to file with the court and to serve upon Wingstops counsel, within 14 days after entry of this preliminary injunction order, a written report, under oath, setting forth in detail the manner in which they have complied with this order. (Henshaw, R) (Entered: 01/03/2020)

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  • 01/03/2020
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  • (#16) OPPOSITION by Morris CM Enterprises, LLC to #9 Motion to Stay.(Moppin, Timothy) . (Entered: 01/03/2020)

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  • 12/20/2019
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  • (#15) REQUEST FOR ENTRY OF DEFAULT as to Michael Morris, Morris CM Enterprises, LLC by Wingstop Franchising LLC. (Marchiano, Karen) (Entered: 12/20/2019)

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  • 12/20/2019
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  • (#14) MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 12/20/2019. Plaintiff's counsel, Timothy Moppin, did not appear. Karen Marchiano appeared for the defendant. The court and counsel discussed Mr. Moppin's failure to appear. After hearing oral arguments, the court SUBMITTED Defendant's Motion for Preliminary Injunction (ECF No. #8 ); formal order to issue. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Michel, G.) (Entered: 12/20/2019)

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  • 12/20/2019
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  • (#13) PRO HAC VICE ORDER signed by District Judge Kimberly J. Mueller on 12/19/19. Added attorney John F. Verhey, PHV for Wingstop Franchising LLC. (Coll, A) (Entered: 12/20/2019)

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  • 12/19/2019
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  • (#12) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Wingstop Franchising LLC for attorney John F. Verhey to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8630961) (Marchiano, Karen) (Entered: 12/19/2019)

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  • 12/17/2019
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  • (#11) CERTIFICATE of SERVICE by Wingstop Franchising LLC. (Marchiano, Karen) (Entered: 12/17/2019)

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  • 12/13/2019
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  • (#10) STATEMENT of Failure to File Opposition to #8 Motion for Preliminary Injunction by Counter Claimant Wingstop Franchising LLC, Defendant Wingstop Franchising LLC. (Marchiano, Karen) Modified on 12/13/2019 (Kaminski, H). (Entered: 12/13/2019)

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  • 12/06/2019
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  • (#9) MOTION to STAY by Wingstop Franchising LLC. Motion Hearing set for 1/17/2020 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration of Steven Link, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Marchiano, Karen) Modified on 12/9/2019 (Kaminski, H). (Entered: 12/06/2019)

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  • 11/19/2019
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  • (#8) MOTION for PRELIMINARY INJUNCTION by Wingstop Franchising LLC. Motion Hearing set for 12/20/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Exhibit, #2 Memorandum of Law, #3 Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M)(Marchiano, Karen) Modified on 11/20/2019 (Coll, A). (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#7) SUMMONS ISSUED as to *Michael Morris, Morris CM Enterprises, LLC* with answer to complaint due within *21* days. Attorney *Karen C. Marchiano* *DLA Piper LLP* *2000 University Avenue* *East Palo Alto, CA 94303*. (Zignago, K.) (Entered: 11/19/2019)

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  • 11/18/2019
  • (#6) MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 3/9/2020 is VACATED and RESET for 3/19/2020 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen days prior. (Text Only Entry) (Schultz, C) (Entered: 11/18/2019)

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  • 11/15/2019
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  • (#5) COUNTERCLAIM for PRELIMINARY and PERMANENT INJUNCTIVE RELIEF and DAMAGES against Morris CM Enterprises, LLC by Wingstop Franchising LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marchiano, Karen) Modified on 11/27/2019 (Benson, A.). (Entered: 11/15/2019)

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  • 11/15/2019
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  • (#4) CERTIFICATE of SERVICE by Wingstop Franchising LLC re #1 Notice - Other. (Marchiano, Karen) (Entered: 11/15/2019)

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  • 11/15/2019
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  • (#3) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/9/2020 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 KJM Standing Order, #2 Consent Form, #3 VDRP) (Becknal, R) (Entered: 11/15/2019)

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  • 11/15/2019
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  • (#2) NOTICE OF INTERESTED PARTIES by Wingstop Franchising LLC. (Marchiano, Karen) (Entered: 11/15/2019)

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  • 11/15/2019
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  • (#1) NOTICE of REMOVAL from Sacramento County Superior Court, 34-02019-00267448 by Wingstop Franchising LLC. Attorney Marchiano, Karen C. added. (Attachment: #1 Civil Cover Sheet). (Marchiano, Karen) (Entered: 11/15/2019)

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  • 11/15/2019
  • PAYMENT for Civil Case filing fee in the amount of $ 400, receipt number 0972-8571264. (Marchiano, Karen) (Entered: 11/15/2019)

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