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25MAG, CLOSED, STD

U.S. District Court

DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:07-cv-02111-LOA

FCC, Inc. v. Andrew P. Palmer et al Date Filed: 10/30/2007

Assigned to: Magistrate Judge Lawrence O Anderson Date Terminated: 01/08/2008
Cause: 15:1051 Trademark Infringement Jury Demand: None
Nature of Suit: 840 Trademark
Jurisdiction: Federal Question

Plaintiff
FCC, Inc. represented by Jordan M Meschkow
an Arizona foreign corporation of Meschkow & Gresham PLC
Franchise Capital Corporation, a 5727 N 7th St
Barbados corporation Ste 409
Phoenix , AZ 85014-5818
602-274-6996
Fax: 602-274-6970
Email: jm@patentmg.com
ATTORNEY TO BE NOTICED

V.
Defendant
Andrew P. Palmer represented by Andrew P Palmer
an individual and his spouse Andrew P Palmer & Associates
200 Cordwainer Dr
Ste 301
Norwell , MA 02061-1671
(781)681-9811
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Franchise Institute, Inc. represented by Andrew P Palmer
a Delaware corporation (See above for address)
LEAD ATTORNEY
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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
ATTORNEY TO BE NOTICED

Defendant
Terry O. Powell represented by Andrew P Palmer
an individual (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Karen Powell represented by Andrew P Palmer
his spouse (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Jane Doe Palmer represented by Andrew P Palmer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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

Counter Claimant
Terry O. Powell represented by Andrew P Palmer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
Jane Doe Palmer represented by Andrew P Palmer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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ATTORNEY TO BE NOTICED

Counter Claimant
Andrew P. Palmer represented by Andrew P Palmer
an individual and his spouse (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
Franchise Institute, Inc. represented by Andrew P Palmer
a Delaware corporation (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
TES Franchising L.L.C. represented by Andrew P Palmer
a Conneticut limited liability company (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
FCC, Inc. represented by Jordan M Meschkow
an Arizona foreign corporation of (See above for address)
Franchise Capital Corporation, a ATTORNEY TO BE NOTICED
Barbados corporation

Date Filed # Docket Text

01/08/2008 22 ORDER DISMISSING CASE - The Court having considered the Notice of
Dismissal, 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 of
Proposed 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. Powell
and 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 this
Court 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 judge
jurisdiction or electing to have this case assigned to a district judge before the
1/18/2008 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 #16
by 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 Andrew
P. 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 and
Counterclaim 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 Franchising
L.L.C., Jane Doe Palmer, Terry O. Powell, Karen Powell. (SAT) Modified on
12/7/2007 (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 and
Karen 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 election
to have the case reassigned to a United States district judge. FURTHER ORDERED
that 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 on
12/1/06. 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, 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:
11/28/2007)
11/28/2007 13 Clerk's ENTRY OF DEFAULT as to Andrew P. Palmer, his spouse, Franchise
Institute, 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 by
Default 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. FURTHER
ORDERED 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 FURTHER
ORDERED 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 by
Judge 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: # 1
Exhibits)(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 on
11/5/2007; 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 on
11/5/2007. (Meschkow, Jordan) (Entered: 11/15/2007)
11/09/2007 7 SUMMONS Returned Executed by FCC, Inc.. Franchise Institute, Inc. served on
11/5/2007. (Meschkow, Jordan) (Entered: 11/09/2007)
11/09/2007 6 SUMMONS Returned Executed by FCC, Inc.. Andrew P. Palmer served on
11/5/2007. (Meschkow, Jordan) (Entered: 11/09/2007)
11/06/2007 5 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge
Jurisdiction. 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 judge
jurisdiction or elect to proceed before a United States district judge. IT IS FURTHER
ORDERED 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 the
Dfts. IT IS FURTHER ORDERED that Dfts shall either consent to magistrate judge
jurisdiction 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 Franchising
L.L.C., Terry O. Powell, Karen Powell. (Attachments: # 1 Franchise Institute# 2
Terry & Karen Powell# 3 TES Franchising) SUMMONS ARE NOT ISSUED FOR
FICTITIOUS PARTIES.(HIH). *** IMPORTANT: You must select "Document and5/6
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FICTITIOUS PARTIES.(HIH). *** IMPORTANT: You must select "Document and
stamps" 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 by
FCC, Inc.. (Attachments: # 1 Exhibit A-I# 2 Civil Cover Sheet # 3 Summons # 4
Summons # 5 Summons # 6 Summons # 7 Summons # 8 Summons # 9
Summons)(Meschkow, Jordan) (Entered: 10/30/2007)

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