Moran Industries, Inc. v. Polson et al

Georgia Northern District Court
Judge:	Steve C Jones
Case #:	1:21-cv-02141
Nature of Suit	840 Property Rights - Trademark
Cause	15:1114 Trademark Infringement

Case Filed:	May 21, 2021
Terminated:	Aug 25, 2022

Docket
Parties (5)

Last checked: Wednesday Nov 17, 2021 3:47 AM EST

Defendant Marietta Transmission and Complete Car Care, LLC Jerrel Crocker Registered Agent 2908 Burnt Creek Road Dawsonville, GA 30534
Defendant Alan C. Polson 1146 Hiddenbrook Lane Suwanee, GA 30024
Defendant Walls Management Group Inc.
Interested Party Jerrel Crocker
Plaintiff Moran Industries, Inc.	Represented By Eric David Stolze Paul Hastings Llp-Ga contact info William K. Whitner Paul Hastings Llp-Ga contact info

Docket last updated: 7 hours ago

Monday, May 01, 2023
39		39 misc Leave of Absence Mon 05/01 11:58 AM Application for Leave of Absence for the following date(s): 5/22, 5/26-5/29, 6/6, 6/12, 6/14, 6/21-6/30,, 7/5, 7/10, 7/12, 7/24, 8/1, 8/7, 8/9, 8/28, 9/1-9/5, 9/11, 9/13, 9/30, 10/3, 10/9, 10/11, 10/30, 11/7, 11/11, 11/15, 11/21-27, 12/5, 12/11, 12/13, 12/22-31/2023, by Frederic S. Beloin. (Beloin, Frederic) Related: [-]
Monday, January 23, 2023
38		38 discov Certificate of Service Mon 01/23 4:18 PM CERTIFICATE OF SERVICE of Post-Judgment Discovery to Judgment Debtor Alan C. Polson by Moran Industries, Inc..(Beloin, Frederic) Related: [-]
Friday, January 20, 2023
37		37 misc Mail Returned Mon 01/23 9:00 AM Mail Returned as Undeliverable. Mail sent to Alan C. Polson re32 Order returned via USPS marked "Return to Sender, Unclaimed". (ddm) Related: [-]
Tuesday, December 13, 2022
		order Writ Issued Tue 12/13 9:39 AM WRIT of Execution issued in the amount of $760,951.35 for unpaid obligations under the Franchise Agreement, attorneys fees and litigation expenses in the amount of $28,770.00, and statutory damages in the amount of $500,000. (Original returned to attorney Frederic S. Beloin via certified mail receipt # 7020 3160 0002 2292 5742) (ddm) Related: [-]
Friday, December 09, 2022
36		36 misc Application for Writ Fri 12/09 1:58 PM APPLICATION for Writ of Execution by Moran Industries, Inc.. (Beloin, Frederic) Related: [-]
Monday, December 05, 2022
35		35 notice Notice of Appearance Mon 12/05 4:40 PM NOTICE of Appearance by Frederic S. Beloin on behalf of Moran Industries, Inc. (Beloin, Frederic) Related: [-]
Thursday, September 01, 2022
34		34 misc Certified Mail Returned Receipt Fri 09/02 1:53 PM Certified Mail Returned Receipt re32 Order mailed to Jerrel Crocker. (ddm) Related: [-]
Thursday, August 25, 2022
33		33 misc A.O. Form 120 Thu 08/25 4:18 PM AO Form 120 forwarded to Commissioner. (ddm) Related: [-]
32		32 29 pgs order Order on Motion for Default Judgment Thu 08/25 4:10 PM ORDER AND DEFAULT JUDGMENT. Plaintiff is awarded damages, jointly and severally against all three Defendants, in the amount of $760,951.35 for unpaid obligations under the Franchise Agreement, attorneys fees and litigation expenses in the amount of $28,770.00, and statutory damages in the amount of $500,000 for a total monetary award of $1,289,721.35. The Court enters equitable relief and a permanent injunction against all three Defendants as detailed in Part VII herein. Signed by Judge Steve C. Jones on 08/25/2022. (ddm) Related: [-]
		utility Clerks Certificate of Mailing Thu 08/25 4:13 PM Clerk's Certificate of Mailing as to Alan C. Polson (via certified mail receipt #7020 3160 0002 2292 5643) and Jerrel Crocker (via certified mail receipt #7020 3160 0002 2292 5636) re32 Order and Default Judgment. (ddm) Related: [-]
		utility Terminate Civil Case Thu 08/25 4:15 PM Civil Case Terminated. (ddm) Related: [-]
Tuesday, July 19, 2022
		utility Submission to District Judge Tue 07/19 2:12 PM Submission of Order and31 Proposed Order to District Judge Steve C. Jones. (pdw) Related: [-]
Friday, July 15, 2022
31		31 misc Proposed Order Fri 07/15 3:54 PM PROPOSED ORDER and Default Judgment re: Order,, Set Submission Deadline,30 MOTION for Default Judgment as to Defendants Alan C. Polson; Walls Management Group Inc.; and Marietta Transmission And Complete Car Care, LLC . (Stolze, Eric) Related: [-]
Thursday, June 16, 2022
		order Order ~Util - Set Submission Deadline Thu 06/16 9:48 AM The Motion for Default Judgment (Doc. No.30 ) filed on May 4, 2022 stands unopposed pursuant to Local Rule 7.1(B), NDGa. Accordingly, pursuant to the Court's standing instructions (as revised September 20, 2021), Plaintiff's Counsel is DIRECTED to submit a proposed order for the Court's review within thirty days of the entry of this Order. Entered by Judge Steve C. Jones on 06/16/2022. (ddm) Related: [-]
Tuesday, June 07, 2022
		utility Submission to District Judge Tue 06/07 9:38 AM Submission of30 MOTION for Default Judgment as to Defendants Alan C. Polson; Walls Management Group Inc.; and Marietta Transmission And Complete Car Care, LLC , to District Judge Steve C. Jones. (rsg) Related: [-]
Wednesday, May 04, 2022
30		30 motion Default Judgment Wed 05/04 10:49 PM MOTION for Default Judgment as to Defendants Alan C. Polson; Walls Management Group Inc.; and Marietta Transmission And Complete Car Care, LLC with Brief In Support by Moran Industries, Inc..(Stolze, Eric) Related: [-]
		Att: 1 Brief in Support,
		Att: 2 Affidavit of Roni Bava,
		Att: 3 Affidavit of Eric D. Stolze
Wednesday, April 13, 2022
29		29 6 pgs order Order on Motion for Order Order on Motion for Attorney Fees Order on Motion to Strike Wed 04/13 4:30 PM ORDER granting28 Plaintiff's Motion to Strike Answer of, and for Entry of Default, as to Defendant Alan C. Polson and for an award of attorney's fees. The Clerk is to strike Defendant Polson's answer at Doc. No.16 and enter a Clerk's entry of default against Defendant Polson. It is further ordered that attorney's fees in the amount of $210.00 are awarded to Plaintiff and against Defendant Polson for Defendant Polson's failure to comply with Federal Rule of Civil Procedure 16 and this Court's order at Doc. No.24 . Defendant Polson shall pay said amount within thirty (30) days of the entry of this Order. Lastly, Plaintiff is to immediately file all appropriate motion(s) to proceed with this case toward final disposition. Signed by Judge Steve C. Jones on 04/13/2022. (ddm) Related: [-]
		utility Clerks Certificate of Mailing Wed 04/13 4:32 PM Clerk's Certificate of Mailing as to Alan C. Polson re29 Order. (ddm) Related: [-]
		utility Clerks Entry of Default Wed 04/13 4:34 PM Clerks Entry of Default as to Alan C. Polson entered per29 . (ddm) Related: [-]
Wednesday, March 09, 2022
		utility Submission to District Judge Wed 03/09 12:03 PM Submission of28 MOTION for Order Striking Answer of, and for Entry of Default as to, Defendant Alan C. Polson and for an Award of Attorneys Fees MOTION for Attorney Fees MOTION to Strike to District Judge Steve C. Jones. (pdw) Related: [-]
Monday, February 14, 2022
28		28 motion For Order Attorney Fees Strike Mon 02/14 11:23 AM MOTION to Strike Answer of, and for Entry of Default as to, Defendant Alan C. Polson and for an Award of Attorneys Fees with Brief In Support by Moran Industries, Inc..(Stolze, Eric) . Added MOTION for Attorney Fees, MOTION to Strike on 2/14/2022 (ddm) Related: [-]
		Att: 1 Brief in Support
Thursday, February 03, 2022
		utility Submission to District Judge Thu 02/03 3:07 PM Submission of26 Order directing Plaintiff's counsel to respond by 2/01/2022 to District Judge Steve C. Jones. (pdw) Related: [-]
Friday, January 14, 2022
		utility Clerks Certificate of Mailing Fri 01/14 8:12 AM Clerk's Certificate of Mailing as to Alan C. Polson re26 Order. (ddm) Related: [-]
Thursday, January 13, 2022
27		27 minutes Scheduling Conference Mon 01/31 10:53 AM Minute Entry for proceedings held before Judge Steve C. Jones: Scheduling Conference held on 1/13/2022. This matter was noticed for a scheduling conference; however, only Plaintiff's Counsel appeared. Counsel for Plaintiff detailed his unsuccessful attempts to contact Defendant Polson prior to today's scheduling conference and requested that a default be entered against Defendant Polson (individually) so that all named defendants would now be in default and the case could move forward to quantifying a default judgment. Counsel also requested attorneys fees for today's appearance.The Court took the matter under advisement. (Court Reporter Viola Zbrowski)(pdw) Related: [-]
26		26 4 pgs order Order ~Util - Set Submission Deadline Fri 01/14 8:11 AM ORDER allowing Defendant Poison until FEBRUARY 1, 2022 to file a written response concerning his position as to the reasonableness of the amount of expenses/attorney's fees requested and whether his noncompliance/failure to appear was substantially justified or other circumstances make an award of expenses unjust. Plaintiff's request for default and attorney's fees is DEFERRED. Defendant Alan C. Poison shall respond to this Show Cause Order or before FEBRUARY 1,2022. Failure to respond may result in the sanctions of striking his answer/default and attorney's fees being entered against him. Signed by Judge Steve C. Jones on 1/13/2022. (ddm) Related: [-]
25		25 misc Affidavit Thu 01/13 11:58 AM AFFIDAVIT (Declaration) of Eric D. Stolze In Support Of Request For Attorneys' Fees by Moran Industries, Inc.. (Stolze, Eric) Related: [-]
Friday, December 17, 2021
		utility Clerks Certificate of Mailing Fri 12/17 9:39 AM Clerk's Certificate of Mailing as to Alan C. Polson re24 Order Setting Hearing. (rsg) Related: [-]
Thursday, December 16, 2021
24		24 2 pgs order Order ~Util - Set Deadlines/Hearings Fri 12/17 9:37 AM ORDER setting Scheduling Conference for 1/13/2022 at 09:30 AM in ATLA Courtroom 1907 before Judge Steve C. Jones. Defendant Polson and Counsel for Plaintiff shall appear in person and be prepared to address their proposals for the entry of a scheduling order for this case. Signed by Judge Steve C. Jones on 12/16/2021. (rsg) Related: [-]
Tuesday, October 19, 2021
23		23 4 pgs order Order on Motion to Strike Order on Motion for Default Judgment Tue 10/19 1:04 PM ORDER granting21 Plaintiff's Motion to Strike Answer and for Entry of Default as to Marietta Transmission and Complete Car Care, LLC and directing the Clerk to strike the purported Answer at Doc. No.12 . The Clerk is to enter default as to Defendant Marietta Transmission and Complete Car Care, LLC and remove the "represented by Jerrel Crocker, Registered Agent" information from the case-style. To the extent that Defendant Marietta Transmission desires to set aside the default or otherwise proceed in this case, it may only proceed through entry of appearance by a licensed attorney on its behalf. The Court sua sponte notes that this same ruling applies to Defendant Walls Management Group, Inc. as said corporation may not proceed in federal court without being represented by a licensed attorney. To this regard, the Court sua sponte strikes in part the purported answer at Doc. No.16 as it pertains to Defendant Walls Management Group, Inc. The Answer (at Doc. No.16 ) stands as to Defendant Alan C. Polson. For purposes of perfecting the record, the Court directs the Clerk to remove the July 20, 2021 entry of Default as to Defendant Polson, as Plaintiff, through Counsel, has acknowledged (at Doc. No. [19, 2]) that Defendant Polson's answer was timely filed. The Clerk is further directed to mark Doc. Nos.7 ,8 , and9 as withdrawn pursuant to the Notice of filing at Doc. No.11 . The Court also grants Plaintiff's request for a scheduling conference (as contained in the Joint Preliminary Report, Doc. No.22 , 9), which will be scheduled by the Court's Courtroom Deputy Clerk at a later date. Signed by Judge Steve C. Jones on 10/19/2021. (ddm) Related: [-]
		utility Clerks Certificate of Mailing Tue 10/19 1:05 PM Clerk's Certificate of Mailing as to Marietta Transmission and Complete Car Care, LLC, Alan C. Polson re23 Order. (ddm) Related: [-]
		utility Clerks Entry of Default Tue 10/19 1:08 PM Clerks Entry of Default as to Marietta Transmission and Complete Car Care, LLC entered per23 Order. (ddm) Related: [-]
Tuesday, August 24, 2021
		utility Submission to District Judge Tue 08/24 11:32 AM Submission of21 MOTION to Strike12 Answer of, and MOTION for Entry of Default as to, Marietta Transmission and Complete Car Care, LLC, to District Judge Steve C. Jones. (ddm) Related: [-]
Wednesday, August 18, 2021
22		22 misc Joint Preliminary Report and Discovery Plan Wed 08/18 11:07 PM Ex Parte JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Moran Industries, Inc.. (Stolze, Eric) Related: [-]
Monday, August 02, 2021
21		21 motion Strike Mon 08/02 12:57 PM MOTION to Strike18 Response to Motion by Moran Industries, Inc.. (Stolze, Eric) Related: [-]
20		20 service Return of Service Executed Mon 08/02 11:01 AM Return of Service Executed by Moran Industries, Inc.. Marietta Transmission and Complete Car Care, LLC served on 6/29/2021, answer due 7/20/2021. (Stolze, Eric) Modified on 8/2/2021 to edit dates (ddm) Related: [-]
Thursday, July 29, 2021
19		19 respm Reply Brief Thu 07/29 11:31 AM REPLY BRIEF re15 MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. Related [+] filed by Moran Industries, Inc..(Stolze, Eric) Related: [-] sponse to Declaration of Alan Polson Individually and Walls Management Group
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
Monday, July 26, 2021
18		18 respm Response to Motion Tue 07/27 9:31 AM DECLARATION (RESPONSE) re15 MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. filed by Marietta Transmission and Complete Car Care, LLC. (rsg) Related: [-]
17		17 respm Response to Motion Tue 07/27 9:28 AM DECLARATION (RESPONSE) re15 MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. filed by Alan C. Polson, Walls Management Group Inc.. (rsg) Related: [-]
Tuesday, July 20, 2021
15		15 motion Clerks Entry of Default Tue 07/20 3:05 PM MOTION for Clerks Entry of Default as to Defendants Alan C. Polson and Walls Management Group Inc. by Moran Industries, Inc..(Stolze, Eric) Related: [-]
		Att: 1 Declaration of Moran's Counsel,
		Att: 2 Memorandum of Law in Support of its Motion for Entry of Default
14		14 service Return of Service Executed Tue 07/20 2:50 PM Return of Service Executed by Moran Industries, Inc.. Walls Management Group Inc. served on 6/28/2021, answer due 7/19/2021. (Stolze, Eric) Related: [-]
13		13 service Return of Service Executed Tue 07/20 2:47 PM Return of Service Executed by Moran Industries, Inc.. Alan C. Polson served on 6/28/2021, answer due 7/19/2021. (Stolze, Eric) Related: [-]
		utility Clerks Entry of Default Tue 07/20 3:41 PM Clerks Entry of Default as to Alan C. Polson, Walls Management Group Inc. (ddm) Related: [-]
Monday, July 19, 2021
16		16 answer Answer to Complaint Wed 07/21 11:04 AM ANSWER to1 COMPLAINT, with Jury Demand, by Alan C. Polson, Walls Management Group Inc. (ddm) Related: [-]
12		12 answer Answer to Complaint Tue 07/20 9:01 AM ANSWER to1 COMPLAINT, with Jury Demand, filed by Marietta Transmission and Complete Car Care, LLC. Discovery ends on 12/16/2021.(ddm) Related: [-]
Monday, June 21, 2021
11		11 notice Notice of Filing Mon 06/21 3:35 PM NOTICE Of Filing Withdrawal of Proofs of Service by Moran Industries, Inc. re9 Return of Service Executed,8 Return of Service Executed,7 Return of Service Executed (Whitner, William) Related: [-]
Monday, June 07, 2021
10		10 notice Notice of Filing Mon 06/07 11:54 AM COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TOTHE HONORABLE STEVE C. JONES.(pdw) Related: [-]
Friday, June 04, 2021
9		9 service Return of Service Executed Fri 06/04 11:21 AM Return of Service Executed by Moran Industries, Inc.. Marietta Transmission and Complete Car Care, LLC served on 5/30/2021, answer due 6/21/2021. (Whitner, William) Related: [-]
8		8 service Return of Service Executed Fri 06/04 11:19 AM Return of Service Executed by Moran Industries, Inc.. Walls Management Group Inc. served on 5/30/2021, answer due 6/21/2021. (Whitner, William) Related: [-]
7		7 service Return of Service Executed Fri 06/04 11:16 AM Return of Service Executed by Moran Industries, Inc.. Alan C. Polson served on 5/30/2021, answer due 6/21/2021. (Whitner, William) Related: [-]
Wednesday, May 26, 2021
6		6 misc A.O. Form 120 Wed 05/26 9:06 AM AO Form 120 forwarded to Commissioner. (rsg) Related: [-]
5		5 service Electronic Summons Issued Wed 05/26 9:04 AM Electronic Summons Issued as to Marietta Transmission and Complete Car Care, LLC, Alan C. Polson, Walls Management Group Inc..(rsg) Related: [-]
		Att: 1 Summons Walls,
		Att: 2 Summons Marietta Transmission
Tuesday, May 25, 2021
4		4 service Proposed Summons Tue 05/25 3:04 PM PROPOSED SUMMONS filed by Moran Industries, Inc. for Alan C. Polson, Walls Management Group Inc., and Marietta Transmission and Complete Car Care, LLC (Whitner, William) Related: [-]
3		3 misc AO 120 Tue 05/25 2:14 PM PROPOSED AO 120 . (Whitner, William) Related: [-]
Monday, May 24, 2021
		notice AO Form 120 - Notice to Parties Mon 05/24 11:50 AM Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120 , located in the Other Filings/Other Documents menu. (eop) Related: [-]
Friday, May 21, 2021
2		2 misc Certificate of Interested Persons Mon 05/24 11:38 AM Certificate of Interested Persons by Moran Industries, Inc.. (eop) Related: [-]
1		1 cmp Complaint Mon 05/24 11:31 AM COMPLAINT filed by Moran Industries, Inc.. (Filing fee $402.00, receipt number AGANDC-10991740)(eop) Related: [-]
		Att: 1 Exhibit -1,
		Att: 2 Exhibit -2,
		Att: 3 Exhibit -3,
		Att: 4 Exhibit -4,
		Att: 5 Exhibit -5,
		Att: 6 Exhibit -6,
		Att: 7 Exhibit -7,
		Att: 8 Exhibit -8,
		Att: 9 Exhibit -9,
		Att: 10 Exhibit -10,
		Att: 11 Verification,
		Att: 12 Civil Cover Sheet

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