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16-1374 - GET IN SHAPE FRANCHISE, INC. v. TFL FISHERS, LLC et al


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16-1374 - GET IN SHAPE FRANCHISE, INC. v. TFL FISHERS, LLC et al
March 9, 2016
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Chief Judge Patti B. Saris: MEMORANDUM and ORDER entered. Ms. Harris's motion to dismiss for lack of subject matterjurisdiction, lack of personal jurisdiction, and improper venue(Docket No. 22) is DENIED with respect to the state law claims.The motion to dismiss for improper venue is ALLOWED with respectto the Lanham Act claims. The Court ALLOWS in part GISFWsmotion for a preliminary injunction (Docket No. 6) as againstMs. Harris, and DENIES the motion with respect to Fit Chicks,LLC, because the Court lacks personal jurisdiction over FitChicks. Defendant Ms. Harris is enjoined from volunteering for, consulting for, working at, or otherwise assisting Fit Chicks in any way until July 1, 2017. Plaintiff GISFW is required to post a bond of $10,000. The Court TRANSFERS the case to the Southern District of Indiana under 28 U.S.C. § 1404(a) and § 1406(a). (Geraldino-Karasek, Clarilde) [Transferred from Massachusetts on 6/6/2016.]
November 16, 2016
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REPORT AND RECOMMENDATIONS re 1 Complaint-The undersigned recommends that Plaintiff's Verified Petition be granted and Rosalyn R. Harris be found in civil contempt. The undersigned recommends that the duration of the Order be extended by the amount of time that Harris's conduct violated the Order, which was approximately six months, to January 1, 2018. The undersigned further recommends that GISF be awarded attorney's fees in the amount of $1,000. The parties should not expect extensions of time to file either objecions or responses. No replies will be permitted. Signed by Magistrate Judge Denise K. LaRue on 11/16/2016 (dist made)(CBU)
April 5, 2017
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ORDER adopting Magistrate Judge's 70 Report and Recommendation. GISF's Verified Petition to Show Cause Why Defendant Rosalyn R. Harris Should Not Be Held in Contempt and For Sanctions (Filing No. 65) is GRANTED. The court hereby finds Harris in CONTEMPT and, pursuant to that finding, ORDERS her to remit $1,000.00 in attorney's fees to GISF within thirty days of the date of this Order. The duration of the preliminary injunction in this matter is extended to January 1, 2018. Order also DENIES Harris' 72 Motion to Vacate Preliminary Injunction (copy mailed). Signed by Judge Richard L. Young on 4/5/2017. (TMD)