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CLOSED, JURY

U.S. District Court District of South Carolina (Florence) CIVIL DOCKET FOR CASE #: 4:09-cv-00618-RBH

Firehouse Restaurant Group Inc v. Scurmont LLC Assigned to: Honorable R Bryan Harwell Cause: 28:1331 Fed. Question: Trademark

Date Filed: 03/11/2009 Date Terminated: 08/22/2011 Jury Demand: Both Nature of Suit: 840 Trademark Jurisdiction: Federal Question

Plaintiff Firehouse Restaurant Group Inc a Florida Corporation represented by Marcus Angelo Manos Nexsen Pruet Jacobs and Pollard PO Drawer 2426 Columbia, SC 29202 803-771-8900 Fax: 803-253-8277 Email: mmanos@nexsenpruet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Manton M Grier , Jr Nexsen Pruet Adams Kleemeier PO Drawer 2426 Columbia, SC 29202 803-771-8900 Fax: 803-253-8277 Email: mgrier@nexsenpruet.com ATTORNEY TO BE NOTICED Michael J Dewberry Rogers Towers 1301 Riverplace Boulevard Suite 1500 Jacksonville, FL 32207 904-398-3911 Email: mdewberry@rtlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Richard S Vermut Rogers Towers 1301 Riverplace Boulevard

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Suite 1500 Jacksonville, FL 32207 904-398-3911 Email: rvermut@rtlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Stephen E Kelly Rogers Towers 1301 Riverplace Boulevard Suite 1500 Jacksonville, FL 32207 904-398-3911 Email: skelly@rtlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff Three Alarm Subs Inc a South Carolina corporation represented by Marcus Angelo Manos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Manton M Grier , Jr (See above for address) ATTORNEY TO BE NOTICED Michael J Dewberry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Richard S Vermut (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Stephen E Kelly (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff Fireside Restaurant Company Inc a South Carolina corporation represented by Marcus Angelo Manos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Manton M Grier , Jr (See above for address) ATTORNEY TO BE NOTICED Michael J Dewberry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Richard S Vermut (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Stephen E Kelly (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED V. Defendant Scurmont LLC doing business as Calli Baker's Firehouse Bar & Grill represented by Ammon T Lesher Turner Padget Graham and Laney PO Box 1509 Greenville, SC 29602 864-552-4640 Email: alesher@turnerpadget.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bernard S Klosowski , Jr Turner Padget Graham and Laney PO Box 1509 Greenville, SC 29602 864-552-4622 Fax: 864-282-5962 Email: bklosowski@turnerpadget.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Sarah Day Hurley Turner Padget Graham and Laney PO Box 1509 Greenville, SC 29602 864-552-4651

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Fax: 864-282-5965 Email: shurley@turnerpadget.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Chris Sorensen TERMINATED: 03/30/2010 represented by Manton M Grier , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marcus Angelo Manos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Robin Sorensen TERMINATED: 03/30/2010 represented by Manton M Grier , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marcus Angelo Manos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Heath Scurfield represented by Ammon T Lesher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bernard S Klosowski , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sarah Day Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Scurmont LLC represented by Bernard S Klosowski , Jr (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED Sarah Day Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Counter Defendant Firehouse Restaurant Group Inc a Florida Corporation represented by Marcus Angelo Manos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Manton M Grier , Jr (See above for address) ATTORNEY TO BE NOTICED Michael J Dewberry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Richard S Vermut (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Stephen E Kelly (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Date Filed 03/11/2009 03/11/2009 03/11/2009 05/06/2009

Docket Text

1 COMPLAINT against Firehouse Restaurant Group Inc ( Filing fee $ 350 receipt number 1986471.), filed by Scurmont LLC.(prou, ) (Entered: 03/12/2009) 3 Local Rule 26.01 Answers to Interrogatories with jury demand by Scurmont LLC.(prou, ) (Entered: 03/12/2009) 4 Summons Issued as to Firehouse Restaurant Group Inc. (prou, ) (Entered: 03/17/2009) 5 SUMMONS Returned Executed by Scurmont LLC. Firehouse Restaurant Group Inc served on 4/9/2009, answer due 4/29/2009. (Hurley, Sarah) (Entered: 05/06/2009)

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05/06/2009

6 Consent MOTION for Extension of Time to File Answer re 1 Complaint by Firehouse Restaurant Group Inc. Response to Motion due by 5/26/2009 No proposed order(Grier, Manton) (Entered: 05/06/2009) 9 ORDER REFERRING CASE to Magistrate Judge Thomas E Rogers, III FOR FULL PRE TRIAL NON DISPOSITIVE MOTIONS. Signed by Honorable Terry L Wooten on 5/7/09. Motions referred to Thomas E Rogers, III.(swel, ) (Entered: 05/07/2009) 10 ORDER granting 6 Motion for Extension of Time to Answer re 1 Complaint ; Firehouse Restaurant Group Inc answer due 5/15/2009. Signed by Magistrate Judge Thomas E Rogers, III on 5/11/09.(swel, ) (Entered: 05/11/2009) 12 DELETION OF ENTRY NUMBER #11, Amended Complaint Reason: an amended complaint can only be filed with leave of the court or with consent of the parties once a responsive pleading has been entered (swel, ) (Entered: 05/14/2009) 13 AMENDED COMPLAINT against Chris Sorensen, Robin Sorensen, Firehouse Restaurant Group Inc, filed by Scurmont LLC. (Hurley, Sarah) Modified on 5/18/2009 to remove summonses and civil cover sheet (documents should not be filed with the Court) (swel, ). (Entered: 05/15/2009) 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite Statement by Firehouse Restaurant Group Inc. Response to Motion due by 6/2/2009 (Attachments: # 1 Exhibit June 6, 2008 Cease & Desist Letter, # 2 Exhibit Answer & Counterclaims of Scurfield & Scurmont, # 3 Exhibit Tabs A-G-Table of Authorities w/ Cases, # 4 Exhibit 3-Tabs H-I, # 5 Exhibit 3-Tabs J-M, # 6 Memo in Support)No proposed order(Manos, Marcus) (Entered: 05/15/2009) 15 Summons Issued as to Robin Sorensen. (swel, ) (Entered: 05/18/2009) 16 Summons Issued as to Chris Sorensen. (swel, ) (Entered: 05/18/2009) 18 MOTION to Consolidate Cases by Scurmont LLC. Response to Motion due by 6/8/2009 No proposed orderMotions referred to Thomas E Rogers, III.(Hurley, Sarah) (Entered: 05/20/2009) 19 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite Statement by Scurmont LLC. Response to Motion due by 6/15/2009 No proposed orderMotions referred to Thomas E Rogers, III.(Hurley, Sarah) (Entered: 05/28/2009) 20 ORDER granting 19 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite Statement Response to Motion due by 6/5/2009 Signed by Magistrate Judge Thomas E Rogers, III on 5/29/09.(swel, ) (Entered: 05/29/2009) 21 RESPONSE in Opposition re 18 MOTION to Consolidate Cases Response filed by Firehouse Restaurant Group Inc.Reply to Response to Motion due by 6/11/2009 (Attachments: # 1 Exhibit Website Statement, # 2 Exhibit Legal Authorities)(Grier, Manton) (Entered: 06/01/2009)

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06/05/2009

22 RESPONSE in Opposition re 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite Statement Response filed by Scurmont LLC.Reply to Response to Motion due by 6/15/2009 (Attachments: # 1 Exhibit A - Cited unpublished cases, # 2 Exhibit B - Affidavid of Bernard S. Klosowski, Jr., # 3 Exhibit A to BSK Affidavit - June 6, 2008 Vermut letter, # 4 Exhibit B to BSK Affidavit September 18, 2008 Vermut letter, # 5 Exhibit C to BSK Affidavit - February 2, 2009 Klosowski letter, # 6 Exhibit C - June 6, 2008 Vermut letter)(Hurley, Sarah) (Entered: 06/05/2009) 23 SUMMONS Returned Executed by Scurmont LLC. Chris Sorensen served on 6/4/2009, answer due 6/24/2009. (Attachments: # 1 Affidavit of Service of Summons and Amended Complaint)(Hurley, Sarah) (Entered: 06/10/2009) 24 SUMMONS Returned Executed by Scurmont LLC. Robin Sorensen served on 6/4/2009, answer due 6/24/2009. (Attachments: # 1 Affidavit of Service of Summons and Amended Complaint)(Hurley, Sarah) (Entered: 06/10/2009) 25 REPLY to Response to Motion re 18 MOTION to Consolidate Cases Response filed by Scurmont LLC. (Attachments: # 1 Exhibit A - Affidavits of Service upon Chris and Robin Sorensen)(Hurley, Sarah) (Entered: 06/10/2009) 26 REPLY to Response to Motion re 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite Statement Response filed by Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit 1-6/6/08 Letter, 2-9/12/08 Letter, 3-9/12/08 Letter, 4-9/22/08 Letter, 5-11/19/08 Email, 6-11/24/08 Letter, 7-1/21/09 Email w/1/22/09 Letter, 8-2/3/09 Letter, 9-2/17/09 Email)(Manos, Marcus) (Entered: 06/12/2009) 28 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For A More Definite Statement by Chris Sorensen, Robin Sorensen. Response to Motion due by 7/13/2009 (Attachments: # 1 Exhibit 1-Amended Complaint, # 2 Exhibit 2-Declaration of Robin Sorenson, # 3 Exhibit 3-Declaration of Chris Sorenson, # 4 Exhibit 4-June 6, 2008 Letter to Scurfield, # 5 Exhibit 5-Legal Authorities, # 6 Memo in Support Sorenson's Memo in Support of Motion to Dismiss Plaintiff's Amended Complaint)No proposed order(Manos, Marcus) Modified on 6/29/2009 to correct filing date (swel, ). (Entered: 06/25/2009) 31 DELETION OF ENTRY NUMBER #27 Reason: multiple deficiencies; Corrected Filing Document Number 28 Modified filing date to that of original filing: 6/24/09 (swel, ) (Entered: 06/29/2009) 32 RESPONSE in Opposition re 28 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For A More Definite Statement Response filed by Scurmont LLC.Reply to Response to Motion due by 7/23/2009 (Attachments: # 1 Exhibit A - FRG website page, # 2 Affidavit of Heath Scurfield)(Hurley, Sarah) (Entered: 07/13/2009) 33 REPLY to Response to Motion re 28 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For A More Definite Statement Response filed by Chris Sorensen, Robin Sorensen. (Attachments: # 1 Exhibit 1-Declaration of Robin Sorenson, # 2 Exhibit 2-Unpublished Decisions - Tabs A-C, # 3 Exhibit 2-Unpublished Decisions Tab D, Pages 1-20, # 4 Exhibit 2-Unpublished Decisions Tab D, Pages 21-36)(Manos,

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Marcus) (Entered: 07/23/2009) 08/21/2009 34 SUPPLEMENT re 28 Motion to Dismiss Plaintiff's Amended Complaint and/or for More Definite Statement by Firehouse Restaurant Group Inc, Chris Sorensen, Robin Sorensen Notice of Supplemental Authority in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint and/or for More Definite Statement. (Attachments: # 1 Exhibit Exergen Corp v. Wal-Mart Stores, Inc. Case)(Manos, Marcus) Modified on 8/24/2009 to link correct event to associated event (prou, ). Modified on 8/24/2009 to add filers listed on document(prou, ). (Entered: 08/21/2009) 35 SUPPLEMENT by Firehouse Restaurant Group Inc, Chris Sorensen, Robin Sorensen to 14 MOTION to Dismiss Plaintiff's Amended Complaint And/Or For More Definite Statement. (Attachments: # 1 Exhibit Supplemental Authority)(Manos, Marcus) Modified on 9/4/2009 to add filers listed on document (prou, ). (Entered: 09/03/2009) 36 REPLY by Scurmont LLCto 34 Supplement,,. (Hurley, Sarah) (Entered: 09/04/2009) 37 ORDER granting 18 Motion to Consolidate Cases. The present action and the second filed action, Firehouse Restaurant Group, Inc., Three Alarm Subs, Inc., and Fireside Restaurant Company, Inc. vs. Heath W. Scurfield and Scurmont LLC d/b/a Calli Baker's Firehouse Bar & Grill, Civil Action No. 4:09-cv-0673-TLW-TER, shall be consolidated for all purposes under the civil action number assigned to the present case, 4:09-0618-TLW-TER. Signed by Magistrate Judge Thomas E Rogers, III on 1/8/2010.(prou, ) (Entered: 01/08/2010) 39 Case Reassigned to Judge Honorable R Bryan Harwell. Judge Honorable Terry L Wooten no longer assigned to the case. (glev, ) (Entered: 01/12/2010) 41 Consent MOTION for Extension of Time to Enlarge Deadline for the Parties to Exchange Expert Disclosures by Two Weeks by Firehouse Restaurant Group Inc. Response to Motion due by 3/8/2010 (Attachments: # 1 Exhibit Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Manos, Marcus) (Entered: 02/18/2010) 42 SCHEDULING ORDER Plaintiffs' ID of Expert Witnesses due by 6/23/2010, Defendants' ID of Expert Witnesses Due by 7/23/2010, Records Custodian Affidavits due by 7/23/2010, Discovery due by 9/21/2010, Motions due by 10/6/2010, Rule 26(a)(3) Disclosures due by 12/20/2010, Motions in Limine must be filed at least three weeks prior to 2/7/2011, parties shall furnish pretrial briefs seven days prior to 2/7/2011, Jury Selection Deadline 2/7/2011, Mediation Due by 12/6/2010, ADR statement due by 11/5/2010. Signed by Magistrate Judge Thomas E Rogers, III on 2/23/2010. Associated Cases: 4:09-cv-00618-RBH -TER, 4:09-cv-00673-RBH -TER (hcic) (Entered: 02/23/2010) 43 TEXT ORDER granting 41 Motion for Extension of Time. Signed by Magistrate Judge Thomas E Rogers, III on 2/23/2010. (hcic) (Entered: 02/23/2010) 44 TEXT ORDER granting in part and denying in part (14) Motion to Dismiss ; granting (28) Robin and Chris Sorensen's Motion to Dismiss in case 4:09-cv-00618-RBH ; granting in part and denying in part (20) Motion to Dismiss in case 4:09-cv-

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00673-RBH. Formal written order to follow. Signed by Honorable R Bryan Harwell on 3/30/2010.Associated Cases: 4:09-cv-00618-RBH -TER, 4:09-cv-00673-RBH -TER(mwel, ) (Entered: 03/30/2010) 05/19/2010 45 ORDER granting in part and denying in part 14 Motion to Dismiss; granting 28 Robin and Chris Sorensen's Motion to Dismiss in case 4:09-cv-00618-RBH; granting in part and denying in part 20 Motion to Dismiss in case 4:09-cv-00673-RBH. Signed by Honorable R Bryan Harwell on 5/19/2010. Associated Cases: 4:09-cv-00618-RBH -TER, 4:09-cv-00673-RBH -TER (hcic) (Entered: 05/19/2010) 46 AMENDED COMPLAINT against All Defendants, filed by Scurmont LLC. (Hurley, Sarah) (Entered: 06/02/2010) 47 Defendant's Affirmative Defenses and ANSWER to Complaint Plaintiffs' Counterclaims by Firehouse Restaurant Group Inc.(Manos, Marcus) (Entered: 06/03/2010) 48 DEFENDANT'S ID OF EXPERT WITNESSES by Firehouse Restaurant Group Inc.(Manos, Marcus) (Entered: 06/23/2010) 49 Defendants' Answer And Affirmative And Additional Defenses To Plaintiffs' Second Amended Complaint, Counterclaim, And Demand For Attorneys' Fees And Jury Trial ANSWER to 46 Amended Complaint, COUNTERCLAIM against All Plaintiffs by Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit Trademarks)(Manos, Marcus) (Entered: 07/06/2010) 50 Consent MOTION to Amend/Correct Conference and Scheduling Order by Scurmont LLC. Response to Motion due by 8/9/2010. Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Thomas E Rogers, III. (Hurley, Sarah) Modified on 7/26/2010 to remove proposed order (hcic). (Entered: 07/23/2010) 51 PLAINTIFF'S ID OF EXPERT WITNESSES by Scurmont LLC.(Hurley, Sarah) (Entered: 07/23/2010) 52 MOTION to Strike Counterclaim by Scurmont LLC. Response to Motion due by 8/13/2010. (Attachments: # 1 Plaintiffs' Memorandum in Support of Motion to Strike Counterclaim, # 2 Exhibit A - Case Law, # 3 Exhibit B - Case Law) No proposed order. Motions referred to Thomas E Rogers, III. (Hurley, Sarah) Modified on 7/28/2010 to add descriptions to exhibits (hcic). (Entered: 07/27/2010) 54 ANSWER to Counterclaims 49 by Scurmont LLC. (Hurley, Sarah) Modified on 7/28/2010 to correct event type. (hcic) (Entered: 07/28/2010) 55 NOTICE of Appearance by Ammon T Lesher on behalf of Scurmont LLC (Lesher, Ammon) (Entered: 07/30/2010) 56 AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 8/23/2010, Defendants ID of Expert Witnesses Due by 9/28/2010, Discovery due by 9/21/2010, Motions due by 10/6/2010, Rule 26(a)(3) Disclosures due by 12/20/2010, Jury Selection Deadline 2/7/2011, ADR Statement due by 11/6/2010, Mediation Due by 12/6/2010, Motions in limine must be filed at least three (3)weeks prior to the date

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set for jury selection, Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 8/2/2010. (hcic) Modified on 8/3/2010 to edit text (hcic). (Entered: 08/02/2010) 08/02/2010 08/13/2010 57 TEXT ORDER granting 50 Motion to Amend/Correct. Signed by Magistrate Judge Thomas E Rogers, III on 8/2/2010. (hcic) (Entered: 08/02/2010) 58 RESPONSE to Motion re 52 MOTION to Strike Counterclaim And Defendants' Notice of Withdrawal of Count IV of Its Counterclaims Response filed by Firehouse Restaurant Group Inc.Reply to Response to Motion due by 8/23/2010 (Manos, Marcus) (Entered: 08/13/2010) 59 Joint MOTION to Amend/Correct 56 Scheduling Order, by 60 Days to Facilitate Early Mediation by Firehouse Restaurant Group Inc, Scurmont LLC. Response to Motion due by 9/2/2010. Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Thomas E Rogers, III. (Manos, Marcus) Modified on 8/17/2010 to remove proposed order (hcic). (Entered: 08/16/2010) 60 AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 10/1/2010, Defendants ID of Expert Witnesses Due by 10/29/2010, Discovery due by 11/19/2010, Motions due by 12/10/2010, Rule 26(a)(3) Disclosures due by 2/21/2011, Jury Selection Deadline 4/11/2011, Mediation Due by 9/17/2010. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 8/23/2010. (hcic) (Entered: 08/24/2010) 61 TEXT ORDER granting 59 Motion to Amend/Correct Scheduling Order. Signed by Magistrate Judge Thomas E Rogers, III on 8/23/2010. (hcic) (Entered: 08/24/2010) 62 TEXT ORDER. This case is no longer assigned to the Magistrate Judge for pretrial proceedings. Signed by Honorable R Bryan Harwell on 8/26/2010. (hcic) (Entered: 08/26/2010) 64 TEXT ORDER denying as moot Plaintiffs' Motion to Strike 52 . Pursuant to Defendants' Response to Plaintiffs' Motion to Strike and Defendants Notice of Withdrawal of Count IV of its Counterclaims 58 , it is hereby ORDERED that Count IV (South Carolina Unfair Trade Practices) of Defendants' Counterclaims is withdrawn with Plaintiffs' consent, and Plaintiffs' Motion to Strike 52 is DENIED AS MOOT. Signed by Honorable R Bryan Harwell on 9/17/2010.(cswe, ) (Entered: 09/17/2010) 65 MOTION for Protective Order by Scurmont LLC. Response to Motion due by 12/13/2010 (Attachments: # 1 Exhibit Exhibit A to Plaintiffs' Motion for Protective Order) No proposed order (Hurley, Sarah) See 72 for additional attachment. (Entered: 11/24/2010) 67 Joint MOTION to Seal File Dispositive Motions Under Seal by Firehouse Restaurant Group Inc, Scurmont LLC. Response to Motion due by 12/29/2010 (Attachments: # 1 Exhibit A-Descriptive Index of Documents at Issue, # 2 Memo in Support)No proposed order(Manos, Marcus) Modified on 12/8/2010 to correct case number on

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document as verified by filing user and to add filer listed on document (hcic). (Entered: 12/07/2010) 12/07/2010 68 Joint MOTION to Amend/Correct Scheduling Order by Scurmont LLC, Firehouse Restaurant Group Inc. Response to Motion due by 12/29/2010. (Hurley, Sarah) Modified on 12/8/2010 to add filer listed on document and to remove proposed order (hcic). (Entered: 12/07/2010) 69 TEXT ORDER denying without prejudice 67 Motion to Seal, for failing to comply with Local Rule 5.03(C). Signed by Honorable R Bryan Harwell on 12/10/2010. (mwel, ) (Entered: 12/10/2010) 70 AMENDED SCHEDULING ORDER. Motions due by 12/22/2010, Rule 26(a)(3) Disclosures due by 2/21/2011, Jury Selection Deadline 4/11/2011. Motions in limine must be filed at least three (3) weeks prior to the date set for jury selection. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable R Bryan Harwell on 12/10/2010. (hcic) (Entered: 12/10/2010) 72 Additional Attachments to Main Document 65 MOTION for Protective Order. (Attachments: # 1 Exhibit B - Heath Scurfield Deposition Excerpts)(Hurley, Sarah) (Entered: 12/16/2010) 73 MOTION to Seal Document by Firehouse Restaurant Group Inc. Response to Motion due by 1/7/2011 (Attachments: # 1 Descriptive Index of Documents at Issue, # 2 Certificate of Compliance with Local Rule 5.03, # 3 Memo in Support)No proposed order. Associated Cases: 4:09-cv-00618-RBH, 4:09-cv-00673-RBH(Grier, Manton) Modified on 12/17/2010 to correct case number as verified by filing user (hcic). (Entered: 12/17/2010) 74 MOTION for Leave to File Excess Pages by Firehouse Restaurant Group Inc. Response to Motion due by 1/7/2011 No proposed order(Grier, Manton) Modified on 12/21/2010 to correct case number as verified by filing user (hcic). (Entered: 12/20/2010) 75 RESPONSE to Motion re 65 MOTION for Protective Order Response filed by Firehouse Restaurant Group Inc.Reply to Response to Motion due by 1/4/2011 (Attachments: # 1 Exhibit A-Scurmont's Answers to Three Alarm's Interrogatories, # 2 Exhibit B-Scurfield's Answer to Three Alarm's Interrogatories, # 3 Exhibit C-Cited Case)(Grier, Manton) (Entered: 12/21/2010) 76 TEXT ORDER granting 74 Defendants' Motion for Leave to File Excess Pages. Signed by Honorable R Bryan Harwell on 12/21/2010.(mwel, ) (Entered: 12/21/2010) 77 MOTION to Strike Expert Witness Report of William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial by Firehouse Restaurant Group Inc. Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A to Motion-Expert Report of William O. Bearden, # 3 Exhibit Case Law to Memorandum)No proposed order(Grier, Manton) Modified on 12/22/2010 to add descriptive name to exhibit (hcic). (Entered: 12/22/2010)

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78 First MOTION for Extension of Time to File Summary Judgment by Firehouse Restaurant Group Inc. Response to Motion due by 1/10/2011 No proposed order(Grier, Manton) (Entered: 12/22/2010) 79 MOTION in Limine to Exclude Testimony of George M. Thomas by Scurmont LLC. Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support Memorandum in Support of Plaintiffs' Motion in limine to Exclude Testimony of George M. Thomas, # 2 Exhibit A - Expert Witness Report of George M. Thomas, # 3 Exhibit B - Unpublished decision in Safety Kleen Corp. Rollins Shareholder Litigation)No proposed order(Hurley, Sarah) (Entered: 12/22/2010) 80 MOTION in Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD by Scurmont LLC. Response to Motion due by 1/10/2011 (Attachments: # 1 Exhibit A - Rebuttal Report of Peter Sealey, Ph.D.)No proposed order(Hurley, Sarah) (Entered: 12/22/2010) 81 MOTION for Summary Judgment by Scurmont LLC. Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support Plaintiffs' Memorandum in Support of Motion for Partial Summary Judgment, # 2 Exhibit Plaintiffs' Exhibit List, # 3 Exhibit A - Scurmont's Answers to FRG's First Interrogatories, # 4 Exhibit B - Scurfield's Answers to Three Alarm Subs' First Interrogatories, # 5 Exhibit C - Scurfield's Supplemental Answers to Fireside's First Interrogatories, # 6 Exhibit D - Scurfield's Second Supplemental Answers to Fireside's First Interrogatories, # 7 Exhibit E FRG's Answers to Scurmont's First Requests to Admit, # 8 Exhibit F - FRG's Answers to Scurmont's Second Requests to Admit )No proposed order (Hurley, Sarah) See 82 through 107 for Additional Attachments. (Entered: 12/22/2010) 82 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit G - Firehouse Subs Menu, # 2 Exhibit H - Picture of New Menu Board, # 3 Exhibit I - Former Menu Board, # 4 Exhibit J - Former Menu Board) (Hurley, Sarah) (Entered: 12/22/2010) 83 Additional Attachments to Main Document 82 Additional Attachments to Main Document, 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit K Affidavit of Debbie Breyare, # 2 Exhibit L - Affidavit of Harry Cohen, # 3 Exhibit M Affidavit of Frank Vono, Jr.)(Hurley, Sarah) (Entered: 12/22/2010) 84 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Q - Fox Deposition Excerpts)(Hurley, Sarah) (Entered: 12/22/2010) 89 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit V - Cease and Desist letter dated June 6, 2008)(Hurley, Sarah) (Entered: 12/22/2010) 90 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit W - Trademark Registration Certificate 3,173,030, # 2 Exhibit X - Trademark Registration Certificate 1,093,135)(Hurley, Sarah) (Entered: 12/22/2010)

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12/22/2010

91 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Y - Trademark Registration Certificate 3,311,648, # 2 Exhibit Z - Trademark Registration Certificate 3,389,782)(Hurley, Sarah) (Entered: 12/22/2010) 92 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit AA - Trademark Registration Certificate 3,210,279, # 2 Exhibit BB - Trademark Registration Certificate 3,272,304)(Hurley, Sarah) (Entered: 12/22/2010) 93 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit CC - Trademark Registration Certificate 3,500,729, # 2 Exhibit DD - Trademark Registration Certificate 3,591,991, # 3 Exhibit EE Trademark Registration Certificate 2,806,118)(Hurley, Sarah) (Entered: 12/22/2010) 94 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit FF - Trademark Registration Certificate 3,138,651, # 2 Exhibit GG - Trademark Registration Certificate 3,156,285, # 3 Exhibit HH Trademark Registration Certificate 2,975,977)(Hurley, Sarah) (Entered: 12/22/2010) 95 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit II - Trademark Registration Certificate 2,524,850, # 2 Exhibit JJ - Trademark Registration Certificate 3,556,354, # 3 Exhibit KK Trademark Registration Certificate 3,512,589)(Hurley, Sarah) (Entered: 12/22/2010) 96 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit LL - Trademark Registration Certificate 3,270,004, # 2 Exhibit MM - Trademark Registration Certificate 2,672,882, # 3 Exhibit NN Trademark Registration Certificate 1,757,267)(Hurley, Sarah) (Entered: 12/22/2010) 97 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit OO - Trademark Registration Certificate 1,743,108, # 2 Exhibit PP - Trademark Registration Certificate 3,836,082, # 3 Exhibit QQ Trademark Registration Certificate 3,198,766)(Hurley, Sarah) (Entered: 12/22/2010) 98 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit RR - Trademark Registration Certificate 3,205,669, # 2 Exhibit SS - Trademark Registration Certificate 2,792,969, # 3 Exhibit TT Trademark Registration Certificate 2,904,634)(Hurley, Sarah) (Entered: 12/22/2010) 99 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit UU - Trademark Registration Certificate 3,276,115, # 2 Exhibit VV - Trademark Registration Certificate 3,107,606, # 3 Exhibit WW Trademark Registration Certificate 3,331,671, # 4 Exhibit XX - Trademark Registration Certificate 3,014,200)(Hurley, Sarah) (Entered: 12/22/2010) 100 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit YY - Trademark Registration Certificate 2,836,900, # 2 Exhibit ZZ - Trademark Registration Certificate 3,445,888, # 3 Exhibit AAA Trademark Registration Certificate 2,524,850, # 4 Exhibit BBB - Trademark Registration Certificate 3,788,105)(Hurley, Sarah) (Entered: 12/22/2010)

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12/22/2010

101 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit CCC - Unpublished decision Renaissance Greeting Cards, # 2 Exhibit DDD - Unpublished Decision Scholastic, Inc.)(Hurley, Sarah) (Entered: 12/22/2010) 102 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit N - Affidavit of Ammon T. Lesher)(Hurley, Sarah) (Entered: 12/22/2010) 105 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Attachment to Exhibit O - Calli Bakers Menu)(Hurley, Sarah) (Entered: 12/22/2010) 106 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Attachment to Exhibit O - Calli Bakers Menu)(Hurley, Sarah) (Entered: 12/22/2010) 107 Additional Attachments to Main Document 81 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Attachment to Exhibit O - Notes of Customer Inquiries) (Hurley, Sarah) (Entered: 12/22/2010) 108 TEXT ORDER granting 78 Motion for Extension of Time to File Motion for Summary Judgment. Signed by Honorable R Bryan Harwell on 12/23/2010. (hcic) (Entered: 12/23/2010) 110 MOTION to Seal Defendants' Supplemental Renewed & Unopposed Motion to File Certain Exhibits to Dispositive Motion Under Seal by Firehouse Restaurant Group Inc. Response to Motion due by 1/10/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A-Supplemental Descriptive Index of Documents at Issue Pursuant to Local Rule 5.03(B)(1))No proposed order(Grier, Manton) (Entered: 12/23/2010) 111 ORDER REFERRING MOTIONS: 73 MOTION to Seal Document filed by Firehouse Restaurant Group Inc, 110 MOTION to Seal Defendants' Supplemental Renewed & Unopposed Motion to File Certain Exhibits to Dispositive Motion Under Seal filed by Firehouse Restaurant Group Inc. Signed by Honorable R Bryan Harwell on 1/3/2011. Motions referred to Shiva V Hodges. (hcic) (Entered: 01/03/2011) 112 TEXT ORDER: The Court has under review the pending motions to seal documents and, because of that, issued an order extending Defendants' time for filing dispositive motions until January 5, 2011. Plaintiffs filed a motion for partial summary judgment on December 22, 2010, which was the same date Defendants asked for the extension of time to file dispositive motions. The Court did not receive the documents for in camera review until a couple of days before Christmas as they had been inadvertently sent to Judge Wooten by counsel. Accordingly, because the Court has been unable to review the motions to seal, the Court further extends the time for filing dispositive motions, and any response times, until such time to be set by the Court after determination of the motions to seal. Signed by Honorable R Bryan Harwell on 1/3/2011. (bbar, ) (Entered: 01/03/2011) 113 REPLY to Response to Motion re 65 MOTION for Protective Order Response filed by Scurmont LLC. (Hurley, Sarah) (Entered: 01/04/2011)

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01/05/2011

116 ORDER granting 73 Motion to Seal Document; granting 110 Motion to Seal. Signed by Magistrate Judge Shiva V Hodges on 1/5/2011. (hcic) (Entered: 01/05/2011) 117 TEXT ORDER: Having reviewed the Magistrate Judge's 116 Order on Motion to File Exhibits Under Seal, and in light of the fact that excerpts from documents that are temporarily sealed are also attached as exhibits to Plaintiff's 81 Motion for Partial Summary Judgment, the Magistrate Judge is directed to review the exhibit attachments to Plaintiff's partial summary judgment motion and instruct the Clerk to temporarily seal those exhibit attachments consistent with the Magistrate Judge's 116 Order. Signed by Honorable R Bryan Harwell on 1/6/2011. (bbar, ) (Entered: 01/06/2011) 118 RESPONSE in Opposition re 77 MOTION to Strike Expert Witness Report of William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial Plaintiffs' Response filed by Scurmont LLC.Reply to Response to Motion due by 1/21/2011 (Hurley, Sarah) (Entered: 01/09/2011) 119 RESPONSE in Opposition re 79 MOTION in Limine to Exclude Testimony of George M. Thomas Response filed by Firehouse Restaurant Group Inc, Chris Sorensen, Robin Sorensen.Reply to Response to Motion due by 1/21/2011 (Attachments: # 1 Exhibit A-Highlighted Report of Expert George M. Thomas; # 2 Exhibit B-Unreported case: Sam's Wines & Liquors, Inc.) (Manos, Marcus) (Modified on 1/12/2011 to separate exhibits (hcic). (Entered: 01/10/2011) 120 RESPONSE in Opposition re 80 MOTION in Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD Response filed by Firehouse Restaurant Group Inc, Chris Sorensen, Robin Sorensen.Reply to Response to Motion due by 1/21/2011 (Attachments: # 1 Addendum Unreported Case--In re Cessna 208 Series Aircraft Products Liability Litigation)(Manos, Marcus) (Entered: 01/10/2011) 121 REPLY to Response to Motion re 77 MOTION to Strike Expert Witness Report of William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial Response filed by Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit Unpublished Decisions & Authorities)(Grier, Manton) (Entered: 01/21/2011) 122 REPLY to Response to Motion re 79 MOTION in Limine to Exclude Testimony of George M. Thomas Plaintiffs' Reply to Defendants' Response filed by Scurmont LLC. (Attachments: # 1 Exhibit A - McCarthy on Trademarks, # 2 Exhibit B - Fisher v. Halliburton, # 3 Exhibit C - Renaissance Greeting Cards v. Dollar Tree Stores, # 4 Exhibit D - Sam's Wines & Liquors v. Wal-Mart Stores)(Hurley, Sarah) (Entered: 01/21/2011) 123 REPLY to Response to Motion re 80 MOTION in Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD Response filed by Scurmont LLC. (Hurley, Sarah) (Entered: 01/21/2011) 124 ORDER to Clerk to Seal Documents in Compliance with Court's Order. Signed by Magistrate Judge Shiva V Hodges on 1/26/2011. (hcic) (Entered: 01/26/2011)

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01/26/2011

125 TEXT ORDER referring 65 Motion for Protective Order to Magistrate Judge Shiva V. Hodges. Signed by Honorable R Bryan Harwell on 1/26/2011. (bbar, ) (Entered: 01/26/2011) 126 NOTICE of Telephone Hearing on Motion 65 MOTION for Protective Order: Motion Hearing set for 1/28/2011 11:00 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Honorable R Bryan Harwell. Plaintiff's counsel should initiate the call and have all the parties on the line before calling the Court at (843) 676-3820. (hcic) (Entered: 01/26/2011) 127 NOTICE OF CHANGE OF JUDGE FOR TELEPHONE HEARING: Telephone Hearing on 65 MOTION for Protective Order - Motion Hearing set for 1/28/2011 11:00 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Shiva V Hodges. Plaintiff's counsel should initiate the call and have all the parties on the line before calling the Court at (843) 676-3820.(prou, ) (Entered: 01/27/2011) 128 Minute Entry. Proceedings held before Magistrate Judge Shiva V Hodges: Participants: Sarah Hurley and Marcus Manos. Richard Vermut, co-counsel for defendant, in the process of applying to be admitted Pro Hac Vice, present with counsel. Document # 65 Motion for Protective Order taken under advisement by the Court pending counsel's notification of the status of potential resolution. Status report regarding resolution to be filed by 02/11/11. Court Reporter Raymond Simmons. (sste ) (Entered: 01/28/2011) 130 Consent MOTION for Extension of Time by Scurmont LLC. Response to Motion due by 2/28/2011 No proposed order(Hurley, Sarah) (Entered: 02/10/2011) 131 Letter from Marcus A. Manos regarding proposed Amended Scheduling Order. (Filed per direction ofChambers.) (hcic) (Entered: 02/10/2011) 132 AMENDED SCHEDULING ORDER. Defendants' dispositive motions due by 2/17/2011, Rule 26(a)(3) Disclosures due by 5/27/2011, Jury Selection Deadline 7/28/2011. Defendants' opposition to Plaintiffs' Motion for Summary Judgment due by 2/24/2011. Plaintiffs' opposition to Defendants' dispositive motions due by 3/24/2011. Replies to oppositions to dispositive motions due by 4/7/2011. Motions in limine due by 7/7/2011. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable R Bryan Harwell on 2/10/2011. (hcic) (Entered: 02/10/2011) 133 TEXT ORDER granting 130 Motion for Extension of Time. The parties' deadline for filing status report regarding potential resolution of Entry # 65 is extended until February 18, 2011. Signed by Magistrate Judge Shiva V Hodges on 2/10/2011.(prou, ) (Entered: 02/11/2011) 135 MOTION for Summary Judgment by Firehouse Restaurant Group Inc. Response to Motion due by 3/7/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A Declaration of Sorensen, # 3 Exhibit A-1 Part 1 of 2 - Firehouse Subs Menus, # 4 Exhibit A-1 Part 2 of 2 Firehouse Subs Menus, # 5 Exhibit A-2 Three Alarm's and Fireside's Menu Boards and Locations, # 6 Exhibit A-3 Part 1 of 7 Firehouse Subs Advertising, # 7 Exhibit A-3 Part 2 of 7 Firehouse Subs Advertising, # 8 Exhibit A-3

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Part 3 of 7 Firehouse Subs Advertising, # 9 Exhibit A-3 Part 4 of 7 Firehouse Subs Advertising, # 10 Exhibit A-3 Part 5 of 7 Firehouse Subs Advertising, # 11 Exhibit A-3 Part 6 of 7 Firehouse Subs Advertising, # 12 Exhibit A-3 Part 7 of 7 Firehouse Subs Advertising, # 13 Exhibit A-4 Registration Certificates, # 14 Exhibit Declarations of Incontestability, # 15 Exhibit A-6 Part 1 of 4 Firehouse Websites, # 16 Exhibit A-6 Part 2 of 4 Firehouse Websites, # 17 Exhibit A-6 Part 3 of 4 Firehouse Websites, # 18 Exhibit A-6 Part 4 of 4 Firehouse Websites, # 19 Exhibit A-8 Firehouse National and Local Awards, # 20 Exhibit A-9 Part 1 of 2 News Clippings and Publicity, # 21 Exhibit A-9 Part 2 of 2 News Clippings and Publicity, # 22 Exhibit A-10 June 6, 2008 cease and desist letter, # 23 Exhibit A-11 List of Legal and Administrative Proceedings, # 24 Exhibit A-12 Samples of Cease and Desist Letters, # 25 Exhibit A-13 Firehouse Application History) No proposed order. (Manos, Marcus) See 136 , 137 , and 138 for additional attachments. (Attachments 6, 18, 21, and 25 replaced on 2/22/2011 with corrected documents as provided by filing user) (hcic). (Entered: 02/17/2011) 02/17/2011 136 Additional Attachments to Main Document 135 MOTION for Summary Judgment Or, In The Alternative, Partial Summary Judgment. (Attachments: # 1 Exhibit B Declaration of Peter Sealey, Ph. D., # 2 Exhibit B-1 CV of Peter Sealey, Ph. D., # 3 Exhibit B-2 Part 1 of 4 Expert Report of Peter Sealey, Ph. D., # 4 Exhibit B-2 Part 2 of 4 Expert Report of Peter Sealey, Ph. D., # 5 Exhibit B-2 Part 3 of 4 Expert Report of Peter Sealey, Ph. D., # 6 Exhibit B-2 Part 4 of 4 Expert Report of Peter Sealey, Ph. D., # 7 Exhibit C-3 Sandleman Letter, # 8 Exhibit C- 4 Zagat Survey Results, # 9 Exhibit D-1 CV of Terrence Brooks, # 10 Exhibit E Affidavit of Rachel Cocciolo, # 11 Exhibit F-1 Calli Baker's Menus, # 12 Exhibit F-2 Calli Baker's Signage and Advertising, # 13 Exhibit F-3 Plaintiff's Notes Documenting Calls, # 14 Exhibit F-4 Plaintiff's Notes Documenting Actual Confusion, # 15 Exhibit F-5 Part 1 of 2 Calli Baker's Websites, # 16 Exhibit F-5 Part 2 of 2 Calli Baker's Websites, # 17 Exhibit G-3 April 2, 2003 Letter, # 18 Exhibit G-4 Communications between Sorensen and Seaton, # 19 Exhibit J Definition of "firehouse", # 20 Exhibit K Firehouse Brewpub Letter, # 21 Exhibit L Notice of Publication of Application)(Manos, Marcus) (Attachments 6 and 20 replaced on 2/22/2011 with corrected documents as provided by filing user) (hcic). See 137 for additional attachments. (Entered: 02/17/2011) 137 Additional Attachments to Main Document 136 Additional Attachments to Main Document,,,,, Memorandum in Support of Motion for Summary Judgment. (Attachments: # 1 Exhibit M Request of Extension, # 2 Exhibit N Scurmont's Response to Request fo Admissions, # 3 Exhibit O Scurmont's Answers to Interrogatories, # 4 Exhibit P Scurfield's Answers to Interrogatories, # 5 Exhibit Q Scurmont's Answers to Interrogatories, # 6 Exhibit R Scurfield's Answers to Interrogatories, # 7 Exhibit S Declaration of Mary Paquin, # 8 Exhibit T Declaration of Robert Blakenship, # 9 Exhibit U Declaration of Bryan Paquin, Jr., # 10 Exhibit V Declaration of Bryan Paquin, # 11 Exhibit W Declaration of Laura Whitesides, # 12 Appendix X Table of Authorities and Unpublished Decisions, # 13 Appendix X-1, Itote, Inc. v. Totes Isotoner Corpt, # 14 Appendix X-2, SCOA Inds., Inc. v. Kennedy & Cohen, Inc., # 15 Appendix X-3, Sinclair Oil Corp. v. Kendrick, # 16 Appendix X-4, Space Base, Inc. v. Stadis Corp., # 17 Appendix X-5, Whitfield v. John Bourne Company, # 18 Appendix X-6, 4 J. Thomas McCarthy,, # 19 Appendix X-7, 6 J.

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Thomas McCarthy)(Manos, Marcus) (Entered: 02/17/2011) 02/17/2011 138 Sealed Document in re document 135 . (Attachments: # 1 Exhibit A-7, Firehouse Gross Sales and Advertising Expenditures, # 2 Exhibit C, Declaration of Doug Reifschneider, # 3 Exhibit C-1, Part 1 of 3 Wave Reports, # 4 Exhibit C-1, Part 2 of 3 Wave Reports, # 5 Exhibit C-1, Part 3 of 3 Wave Reports, # 6 Exhibit C-2, Hijacks Study, # 7 Exhibit D, Declaration of Terence Roooke, # 8 Exhibit D-2, Part 1 of 3 Wave Reports, # 9 Exhibit D-2, Part 2 of 3 Wave Reports, # 10 Exhibit D-2, Part 3 of 3 Wave Reports, # 11 Exhibit F, Deposition Transcript Heath Scurfield, # 12 Exhibit F-6, Expert Report of Charles Alford, III, # 13 Exhibit G, Deposition Transcript of Robin Sorensen, # 14 Exhibit G-1, August 27, 2002 Letter from Sorensen to Kanji, # 15 Exhibit G-2, March 11, 2003 E-mail from Sorensen, # 16 Exhibit H, Deposition Transcript Bryan Paquin, # 17 Exhibit I, Deposition Transcript Deborah G. Duncan) (Manos, Marcus) (Entered: 02/17/2011) 139 STIPULATION re 65 MOTION for Protective Order by Scurmont LLC. (Hurley, Sarah) (Entered: 02/18/2011) 140 TEXT ORDER. Pursuant to the stipulation entered as Entry # 139 , and confirmed by counsel, the parties intend that Plaintiff's Motion for Protective Order (Entry # 65 ) be withdrawn. Plaintiff's Motion for Protective Order ([Entry # 65 ) is denied as moot. Signed by Magistrate Judge Shiva V Hodges on 2/22/2011. (hcic) (Entered: 02/22/2011) 141 RESPONSE in Opposition re 81 MOTION for Summary Judgment Response filed by Firehouse Restaurant Group Inc.Reply to Response to Motion due by 3/7/2011 (Attachments: # 1 Exhibit AA-Exhibit List, # 2 Exhibit BB-Declaration of Don Fox, # 3 Exhibit BB-1--Fireside Rest. Co.'s Franchise Agreement, # 4 Exhibit BB-2--Three Alarm's Franchise Agreement, # 5 Exhibit CC-Supp. Affidavit of Rachel Cocciolo, # 6 Exhibit DD-Order Cancelling Mark, Frankie's Firehouse, # 7 Exhibit EE-Specimens Showing Use of Firehouse Mark, # 8 Exhibit FF-Pages from Plaintiffs' Website, # 9 Exhibit GG-Table of Cases and Authorities, # 10 Exhibit GG-1--Amzura Enters. v. Ratcher, # 11 Exhibit GG-2--Andrews v. Primus, # 12 Exhibit GG-3--Edens v. Kennedy, # 13 Exhibit GG-4--Renaissance v. Dollar Tree, # 14 Exhibit GG-5--Sinhdarella v. Vu, # 15 Exhibit GG-6--McCarthy Section 11:88, # 16 Exhibit GG-7--McCarthy Section 11:89, # 17 Exhibit GG-8--McCarthy Section 11:91, # 18 Exhibit GG-9--McCarthy Section 23.20.50)(Manos, Marcus) (Main Document 141 replaced on 2/25/2011 with corrected document as provided by filing user) (hcic). (Entered: 02/24/2011) 142 MOTION to Appear Pro Hac Vice by Michael J. Dewberry ( Filing fee $ 250 receipt number 0420-3235262) by Firehouse Restaurant Group Inc. Response to Motion due by 3/21/2011. No proposed order(Manos, Marcus) (Main Document 142 replaced on 3/2/2011 with corrected document) (hcic). (Additional attachment(s) added on 3/2/2011: # 1 Application for Pro Hac Vice, # 2 Certificate of Good Standing) (hcic). Modified on 3/2/2011 to remove proposed order (hcic). (Additional attachment added on 3/8/2011: # 3 Certificate of Good Standing from Supreme Court of Florida as provided by filing user) (hcic). (Entered: 03/02/2011)

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03/02/2011

143 MOTION to Appear Pro Hac Vice by Richard S. Vermut ( Filing fee $ 250 receipt number 0420-3235388) by Firehouse Restaurant Group Inc. Response to Motion due by 3/21/2011 No proposed order(Manos, Marcus) (Main Document 143 replaced on 3/2/2011) (hcic). (Additional attachment(s) added on 3/2/2011: # 1 Application for Pro Hac Vice, # 2 Certificate of Good Standing) (hcic). Modified on 3/2/2011 to remove proposed order (hcic). (Additional attachment added on 3/8/2011: # 3 Certificate of Good Standing from Supreme Court of Florida as provided by filing user) (hcic). (Entered: 03/02/2011) 144 MOTION to Appear Pro Hac Vice by Stephen E. Kelly ( Filing fee $ 250 receipt number 0420-3235403) by Firehouse Restaurant Group Inc. Response to Motion due by 3/21/2011 No proposed order(Manos, Marcus) (Main Document 144 replaced on 3/2/2011 with corrected document) (hcic). (Additional attachment(s) added on 3/2/2011: # 1 Application for Pro Hac Vice, # 2 Certificate of Good Standing) (hcic). Modified on 3/2/2011 to remove proposed order (hcic). (Additional attachment added on 3/8/2011: # 3 Certificate of Good Standing from Supreme Court of Florida as provided by filing user) (hcic). (Entered: 03/02/2011) 145 TEXT ORDER granting 142 Motion to Appear Pro Hac Vice for Michael J Dewberry; granting 143 Motion to Appear Pro Hac Vice for Richard S Vermut; granting 144 Motion to Appear Pro Hac Vice to Stephen E Kelly. Signed by Honorable R Bryan Harwell on 3/3/2011. (hcic) (Entered: 03/03/2011) 147 RESPONSE in Opposition re 135 MOTION for Summary Judgment Plaintiffs' Response filed by Scurmont LLC.Reply to Response to Motion due by 4/4/2011 (Attachments: # 1 Exhibit EEE - Affidavit of Heath Scurfield - Part One, # 2 Exhibit EEE - Affidavit of Heath Scurfield - Part Two, # 3 Exhibit FFF - Supplemental Affidavit of Heath Scurfield - Part One, # 4 Exhibit FFF - Supplemental Affidavit of Heath Scurfield - Part Two, # 5 Exhibit FFF - Supplemental Affidavit of Heath Scurfield - Part Three, # 6 Exhibit GGG - Supplemental Affidavit of Ammon Lesher, # 7 Exhibit HHH - Pending Trademark Application of Firehouse Coffee Co., # 8 Exhibit III - Pending Trademark Applicatino of Smokey's Firehouse Adventure, # 9 Exhibit JJJ - Pending Trademark Application of Sexy Chicken's Firehouse, # 10 Exhibit KKK - Pending Trademark Application of Cybex Firehouse Fitness, # 11 Exhibit LLL - Pending Trademark Application of The Firehouse Community Arts Center Sparking New Flames One Kid At A Time, # 12 Exhibit MMM - Pending Trademark Application of The Firehouse Community Arts Center, # 13 Exhibit NNN November 12, 2003 letter to Joseph Bertuglia, # 14 Exhibit OOO - April 29, 2004 letter to David Byers, # 15 Exhibit PPP - May 27, 2004 to Thomas Vasta, # 16 Exhibit QQQ - June 11, 2004 letter to Mike Kefer, # 17 Exhibit RRR - January 12, 2005 letter to Bruce Loeffler, # 18 Exhibit SSS - March 10, 2005 letter to Off the Cliff Entertainment, Inc., # 19 Exhibit TTT - March 22, 2005 letter to Firehouse Grill & Pub, # 20 Exhibit UUU - March 22, 2005 letter to James E. Sublett, # 21 Exhibit VVV - April 13, 2005 letter to Ronald S. Pierce, # 22 Exhibit WWW - April 13, 2005 letter to Tim Breckenridge, # 23 Exhibit XXX - October 20, 2006 letter to Jim Smith, # 24 Exhibit YYY - April 12, 2007 letter to The Firehouse, # 25 Exhibit ZZZ - June 6, 2008 letter to The Firehouse Grill)(Hurley, Sarah) (Entered: 03/24/2011)

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04/07/2011

148 REPLY to Response to Motion re 135 MOTION for Summary Judgment Response filed by Firehouse Restaurant Group Inc. (Attachments: # 1 Exhibit 1-Exhibit List, # 2 Exhibit HH-Specimen to USPTO, # 3 Exhibit II-Court Order, # 4 Exhibit JJ-2nd Supp. Aff. of Cocciolo, # 5 Exhibit KK-USPTO-Firehouse Coffee Co., # 6 Exhibit LL-USPTO-Sexy Chicken's Firehouse, # 7 Exhibit MM-Supp. Rule 26 Disclosures, # 8 Exhibit NN-Puerto Rico Lawsuit, # 9 Exhibit OO-Petitions Filed with USPTO, # 10 Exhibit PP-Table of Cases/Authorities, # 11 Exhibit PP-1-Case Cited, # 12 Exhibit PP-2-Case Cited, # 13 Exhibit PP-3-Case Cited, # 14 Exhibit PP-4-Case Cited, # 15 Exhibit PP-5-Case Cited, # 16 Exhibit PP-6-Case Cited, # 17 Exhibit PP-7-Case Cited, # 18 Exhibit PP-8-Case Cited, # 19 Exhibit PP-9-Case Cited)(Manos, Marcus) Modified on 4/8/2011 to correct case number on document as verified by filing user (hcic). (Entered: 04/07/2011) 149 REPLY to Response to Motion re 81 MOTION for Summary Judgment Plaintiffs' Response filed by Scurmont LLC. (Attachments: # 1 Exhibit AAAA - firehero.org website page, # 2 Exhibit BBBB - Petition for Cancellation of Dalmatian Mark filed by FRG, # 3 Exhibit CCCC - Trademark Application filed by Firehouse Wing Co., # 4 Exhibit DDDD - Petition for Cancellation of Frankies Firehouse Mark filed by FRG)(Hurley, Sarah) (Entered: 04/07/2011) 150 Sealed Documents submitted for the Court's in camera review related to Motion 73 . (Attachments: # 1 Firehouse Subs Awareness and Usage Research Wave 1, # 2 Firehouse Subs Awareness and Usage Research Wave 2, # 3 Firehouse Subs Awareness and Usage Research Wave 3, # 4 Firehouse Subs Awareness and Usage Research Wave 4, # 5 The Redlight Project, # 6 Firehouse Subs Sales and Advertising Expense History by Year, # 7 Preliminary Expert Report of Charles L. Alford, III, # 8 Expert Witness Report of Peter Sealey, # 9 Letter from Robin Sorensen to Dillip Kanji, # 10 E-mail from Dilip Kanji to Robin Sorensen, # 11 Letter from Dilip Kanji to Robin Sorensen, # 12 Firehouse receipt, # 13 E-mail from Robin Sorensen to Kristen Moore, # 14 Transcript of deposition of Robin Sorensen, # 15 Transcript of deposition of Bryan Paquin, # 16 Transcript of deposition of Deborah G. Duncan, # 17 Transcript of deposition of Heath W. Scurfield) Filed per direction of Chambers. Modified on 5/16/2011 to correct ECF headers on attachments (hcic). (Entered: 05/11/2011) 151 Sealed Documents submitted for the Court's in camera review related to Motion 110 . (Attachments: # 1 Declaration of Doug Reifschneider, # 2 Declaration of Terrence Rooke) (hcic) (Entered: 05/11/2011) 152 RULE 26(a)(3)PRETRIAL DISCLOSURES by Firehouse Restaurant Group Inc. Objections to PreTrial Disclosures due by 6/13/2011.(Manos, Marcus) (Entered: 05/27/2011) 153 Plaintiffs' RULE 26(a)(3)PRETRIAL DISCLOSURES by Scurmont LLC. Objections to PreTrial Disclosures due by 6/13/2011.(Hurley, Sarah) (Entered: 05/27/2011) 154 Supplemental RULE 26(a)(3)PRETRIAL DISCLOSURES by Firehouse Restaurant Group Inc. Objections to PreTrial Disclosures due by 6/20/2011.(Manos, Marcus) (Entered: 06/02/2011)

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155 OBJECTIONS byFirehouse Restaurant Group Inc to 153 Pretrial Disclosures. (Manos, Marcus) (Entered: 06/10/2011) 156 REPLY by Firehouse Restaurant Group Inc Defendants' Rule 32(a)(6) Deposition Counter-Designations. (Manos, Marcus) (Entered: 06/10/2011) 157 Plaintiffs' OBJECTIONS byScurmont LLC to 152 Pretrial Disclosures. (Hurley, Sarah) (Entered: 06/13/2011) 158 NOTICE of Hearing on Motions 77 MOTION to Strike Expert Witness Report of William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial, 79 MOTION in Limine to Exclude Testimony of George M. Thomas, 80 MOTION in Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD, 81 MOTION for Summary Judgment, 135 MOTION for Summary Judgment. Motion Hearing set for 6/30/2011 2:00 PM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell. (hcic) (Entered: 06/16/2011) 159 MOTION for Leave to File Defendants' Notice of Filing Deposition Transcript of William O. Bearden, Ph.D. by Firehouse Restaurant Group Inc. Response to Motion due by 7/15/2011 (Attachments: # 1 Exhibit Defendant's Notice of Filing Deposition Transcript of William O. Bearden, Ph.D.)No proposed order(Grier, Manton) (Entered: 06/28/2011) 160 Minute Entry. Proceedings held before Honorable R Bryan Harwell: MOTION HEARING held on 6/30/2011; TAKING UNDER ADVISEMENT 77 Motion to Strike to Strike Expert Witness Report of William O. Bearden and to Exclude the Testimony of William O. Bearden at Trial; TAKING UNDER ADVISEMENT 79 Motion in Limine to Exclude Testimony of George M. Thomas filed by Scurmont LLC,; TAKING UNDER ADVISEMENT 80 Motion in Limine to Exclude Testimony and Rebuttal Report of Peter Sealey, PhD filed by Scurmont LLC; TAKING UNDER ADVISEMENT 81 Motion for Summary Judgment filed by Scrumont LLC; TAKING UNDER ADVISEMENT 135 Motion for Summary Judgment filed by Firehouse Restaurant Group, Inc.; granting without objection 159 Motion for Leave to File; additional briefs as instructed at the hearing due by 5:00 p.m. on 7/6/11; counsel to advise Court if parties are to be re-aligned. Motion in Limine deadline extended one week from 7/7/11 to 7/14/11. Jury Selection 7/28/11 9:30 a.m.; trial - 1 week. Court Reporter Vince Rolland. (mcam) (Entered: 07/01/2011) 161 CALENDAR NOTICE of Hearing: Jury Selection set for 7/28/2011 09:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell. (hcic) (Entered: 07/06/2011) 162 RESPONSE in Opposition re 135 MOTION for Summary Judgment Supplemental Response filed by Scurmont LLC.Reply to Response to Motion due by 7/18/2011 (Hurley, Sarah) (Entered: 07/06/2011) 163 RESPONSE in Support re 135 MOTION for Summary Judgment Defendants' Response to Plaintiffs' Supplemental Brief in Response to Defendants' Motion for Summary Judgment Response filed by Firehouse Restaurant Group Inc. (Manos, Marcus) (Entered: 07/06/2011)

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07/08/2011

164 ORDER granting in part and denying in part 77 Motion to Strike; granting in part and denying in part 79 Motion in Limine; denying 80 Motion in Limine; denying 81 Motion for Summary Judgment; granting in part and denying in part 135 Motion for Summary Judgment. Signed by Honorable R Bryan Harwell on 7/8/2011. (hcic) Modified on 7/27/2011 - Parties shall be REALIGNED in this dispute so that (1) Firehouse Restaurant Group, Inc., a Florida corporation, (2) Three Alarm Subs, Inc., a South Carolina corporation, and (3) Fireside Restaurant Company, Inc., a South Carolina corporation are designated as PLAINTIFFS AND (1) Scurmont LLC, d/b/a Calli Baker's Firehouse Bar & Grill and (2) Heath Scurfield, an individual, are designated as DEFENDANTS (mcam). (Entered: 07/08/2011) 166 MOTION in Limine by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc. Response to Motion due by 8/1/2011 (Attachments: # 1 Exhibit A Part 1 of 3 - 3rd Party Websites, # 2 Exhibit A Part 2 of 3 - 3rd Party Websites, # 3 Exhibit A Part 3 of 3 - 3rd Party Websites, # 4 Exhibit B - Aff. of A.Lesher, # 5 Exhibit C - 1st Aff. of H.Scurfield, # 6 Exhibit D - 2nd Aff. of H.Scurfield, # 7 Exhibit E - Video Transcript, # 8 Exhibit F - 3rd Party Communications, # 9 Exhibit G - Table of Cases, # 10 Exhibit G-1 - Agron v Trustees of Columbia Univ., # 11 Exhibit G-2 - Bates v Dura, # 12 Exhibit G-3 - BellSouth v Internet Class., # 13 Exhibit G-4 - Chesler v Trinity, # 14 Exhibit G-5 - Gell v Town of Aulander, # 15 Exhibit G-6 - Int. Spec. v ISPWest, # 16 Exhibit G-7 - Kearney v Auto-Owners, # 17 Exhibit G-8 - Koger v Norfolk, # 18 Exhibit G-9 - Lorraine v Markel, # 19 Exhibit G-10 - Mountain Funding v Frontier, # 20 Exhibit G-11 - Novak v Tucows, # 21 Exhibit G-12 - St.Luke's v Sanderson, # 22 Exhibit G-13 - Ty Inc v Softbelly's) No proposed order. (Manos, Marcus) (Additional attachment) added on 7/15/2011: # 23 Index to Exhibits) Modified on 7/15/2011 to add Index of Exhibits and to add descriptive names to exhibits (hcic). (Entered: 07/14/2011) 167 MOTION in Limine by Scurmont LLC. Response to Motion due by 8/1/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Three Alarm Subs' Responses to Interrogatories)No proposed order(Hurley, Sarah) (Entered: 07/14/2011) 168 STATUS REPORT by Heath Scurfield, Scurmont LLC. (Hurley, Sarah) Modified on 7/15/2011 to correct event type. (hcic) (Entered: 07/15/2011) 169 STATUS REPORT Defendants' Submission in Response to the Court's Term of Court Notice by Firehouse Restaurant Group Inc. (Manos, Marcus) (Entered: 07/15/2011) 170 MOTION to Continue Defendants' Motion to Set Trial for a Date Certain by Firehouse Restaurant Group Inc. Response to Motion due by 8/4/2011 (Attachments: # 1 Exhibit A Declaration of Don Fox, # 2 Exhibit B Case Cited Part 1, # 3 Exhibit B Case Cited Part 2)No proposed order(Manos, Marcus) (Entered: 07/18/2011) 171 TEXT ORDER: The parties shall file expedited responses to the pending motions in limine by 5:00pm on Monday, July 25, 2011. Signed by Honorable R Bryan Harwell on 7/19/2011. (cswe, ) (Entered: 07/19/2011) 172 RESPONSE in Opposition re 170 MOTION to Continue Defendants' Motion to Set Trial for a Date Certain Response filed by Scurmont LLC.Reply to Response to Motion due by 7/29/2011 (Attachments: # 1 Exhibit A - Website Page for Firehouse

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Subs Family Reunion)(Hurley, Sarah) (Entered: 07/19/2011) 07/21/2011 174 DECLARATIONbyFirehouse Restaurant Group Incre 170 MOTION to Continue Defendants' Motion to Set Trial for a Date Certain. (Attachments: # 1 Affidavit Executed Declaration of Don Fox)(Manos, Marcus) (Entered: 07/21/2011) 175 Proposed Jury Instructions by Scurmont LLC, Heath Scurfield. (Hurley, Sarah) Modified on 7/22/2011 to add filer listed on document (hcic). (Entered: 07/21/2011) 176 Proposed Voir Dire by Scurmont LLC, Heath Scurfield. (Hurley, Sarah) Modified on 7/22/2011 to add filer listed on document (hcic). (Entered: 07/21/2011) 177 Exhibit List by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc. (Manos, Marcus) (Entered: 07/21/2011) 178 Proposed Voir Dire by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc. (Manos, Marcus) (Entered: 07/21/2011) 179 Proposed Jury Instructions by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc. (Attachments: # 1 Main Document Proposed Jury Charges)(Manos, Marcus) (Entered: 07/21/2011) 180 RESPONSE in Opposition re 167 MOTION in Limine by Defendants' to Exclude Plaintiffs' Evidence of Actual Confusion Response filed by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc.Reply to Response to Motion due by 8/4/2011 (Attachments: # 1 Exhibit A, Plaintiffs' Rule 26 Supplement Disclosures and Responses, # 2 Exhibit B, Table of Legal Authorities, # 3 Addendum B-1, Banks v Office of the Senate, # 4 Addendum B-2, Buttefuly-Biles v State Farm, # 5 Addendum B-3, Costa v County of Burlington, # 6 Addendum B-4, Fort Hall v Bureau of Indian Affairs, # 7 Addendum B-5, Johnson v Big Lots, # 8 Addendum B-6, Mugavero v Arms Acres, # 9 Addendum B-7, Wilson v Lakner, # 10 Addendum B-8, W R Grace v Viskase Corp, # 11 Addendum B-9, 8A Charles Alan Wright et al)(Manos, Marcus) (Entered: 07/25/2011) 181 RESPONSE in Opposition re 166 MOTION in Limine Response filed by Scurmont LLC.Reply to Response to Motion due by 8/4/2011 (Hurley, Sarah) See 185 for additional attachments. (Entered: 07/25/2011) 182 REQUEST TO STRIKE FOR CAUSE by Scurmont LLC. (Hurley, Sarah) (Entered: 07/27/2011) 183 TEXT ORDER denying 170 Motion to Set Trial for a Date Certain Beginning September 7, 2011. Under Local Rule 7.08, "hearings on motions may be ordered by the Court in its discretion. Unless so ordered, motions may be determined without a hearing." This issue has been briefed by the parties, and the Court believes a hearing is not necessary. The current Amended Scheduling Order was proposed to the Court by counsel for Firehouse Subs and entered with consent of the parties on February 10, 2011. The Amended Scheduling Order provides that "[t]his case is subject to being called for jury selection and/or trial on or after July 28, 2011." Given that Firehouse Subs specifically requested a trial date on or after July 28, 2011, nearly six months ago, and given that the Firehouse Subs

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"Crew Rally" tour is not an unexpected event that has recently arisen, Firehouse Subs has failed to demonstrate good cause for continuance of the trial date to September or beyond. Firehouse Subs argues that it needs protection for the Sorensens and other executive team members for the entire month of August. This request is unreasonable, and for the Court to require Firehouse Subs to have its various representatives available for one week is not an unreasonable burden in a case that has been pending this long and where the Court is available that week to try it. This case is expected to last one week, and Firehouse Subs should be able to have at least one, if not more, of its representatives available on each day of the trial. The parties have agreed that the trial should not begin before August 15, 2011, due to various witness and attorney scheduling conflicts. Therefore, IT IS HEREBY ORDERED that the trial of this case will commence on Monday, August 15, 2011, at 9:30 am. Signed by Honorable R Bryan Harwell on 7/27/2011. (cswe, ) (Entered: 07/27/2011) 07/27/2011 184 REQUEST TO STRIKE FOR CAUSE by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc. Modified on 7/27/2011 to correct event type. (hcic) (Entered: 07/27/2011) 185 Additional Attachments to Main Document 181 Response in Opposition to Motion In Limine. (Attachments: # 1 Exhibit Table of Cases, # 2 Exhibit A-1 Cook v. J & J, # 3 Exhibit A-2 Harris v. Koenig, # 4 Exhibit A-3 Jackson v. State, # 5 Exhibit A-4 Renaissance v. Dollar, # 6 Exhibit A-5 Stidham v. Paysour)(Lesher, Ammon) (Entered: 07/27/2011) 186 SUPPLEMENTAL RULE 26(a)(3)PRETRIAL DISCLOSURES by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc. Objections to PreTrial Disclosures due by 8/15/2011.(Manos, Marcus) (Entered: 07/27/2011) 187 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Selection held on 7/28/2011; 8 person jury selected; trial to begin on 8/15/11 9:30. Court Reporter Raymond Simmons. (mcam) (Entered: 07/28/2011) 188 Panel Strike List. (mcam) (Entered: 07/28/2011) 189 Jury List. (mcam) (Entered: 07/28/2011) 190 NOTICE of Hearing: Jury Trial set for 8/15/2011 09:30 AM in Florence #2, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell. (mcam) (Entered: 07/29/2011) 191 Exhibit List by Scurmont LLC. (Hurley, Sarah) (Main Document 191 replaced on 8/9/2011 with corrected document as provided by filing user) (hcic). (Entered: 08/01/2011) 192 NOTICE of Hearing on Motion 167 MOTION in Limine, 166 MOTION in Limine : Motion Hearing set for 8/9/2011 10:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable R Bryan Harwell. (amil, ) (Entered:

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08/03/2011) 08/07/2011 193 MOTION in Limine To Exclude Evidence of Donations and For Other Relief by Scurmont LLC. Response to Motion due by 8/25/2011 (Attachments: # 1 Exhibit A Article from Florence Morning News, # 2 Exhibit B - Transcript from Channel 13 News, # 3 Exhibit C - Article from Post and Courier, # 4 Exhibit D - Article from http:/www2.scnow.com, # 5 Exhibit E - Article from Independent Mail, # 6 Exhibit F Portion of Firehouse Subs website)No proposed order(Hurley, Sarah) (Entered: 08/07/2011) 194 TEXT ORDER: Plaintiffs shall file a response to 193 Defendants' Motion in Limine To Exclude Evidence of Donations by 5:00 pm on Monday, August 8, 2011. Signed by Honorable R Bryan Harwell on 08/08/2011. (cswe, ) (Entered: 08/08/2011) 195 Exhibit List Amended by Heath Scurfield, Scurmont LLC. (Hurley, Sarah) (Main Document 195 replaced on 8/9/2011 with corrected document as provided by filing user) (hcic). (Entered: 08/08/2011) 196 OBJECTIONS byHeath Scurfield, Scurmont LLC to 177 Exhibit List. (Hurley, Sarah) (Main Document 196 replaced on 8/9/2011 with corrected document as provided by filing user) (hcic). (Entered: 08/08/2011) 197 RESPONSE in Opposition re 193 MOTION in Limine To Exclude Evidence of Donations and For Other Relief Response filed by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc.Reply to Response to Motion due by 8/18/2011 (Attachments: # 1 Exhibit A. PSF Fact Sheet, # 2 Exhibit B. 2010 Approved Donations, # 3 Exhibit C. 2011 Approved Donations, # 4 Exhibit D. Q2 Approved Donations, # 5 Exhibit E. Donation Presentation Timeline, # 6 Exhibit F. Firehouse Subs Public Safety Foundation Grant Application, # 7 Exhibit G. Crew Rally Schedule)(Manos, Marcus) (Entered: 08/08/2011) 198 Exhibit List Objections to Defendants' Trial Exhibits by Firehouse Restaurant Group Inc. (Manos, Marcus) (Main Document 198 replaced on 8/9/2011 with corrected document as provided by filing user) (hcic). (Entered: 08/08/2011) 199 Minute Entry. Proceedings held before Honorable R Bryan Harwell: MOTION HEARING held on 8/9/2011; taking under advisement 166 Motion in Limine filed by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc; taking under advisement 167 Motion in Limine filed by Scurmont LLC; taking under advisement 193 Motion in Limine To Exclude Evidence of Donations and For Other Relief filed by Scurmont LLC. Exhibit. Court Reporter Raymond Simmons. (mcam) (Entered: 08/09/2011) 200 COURT EXHIBIT. (mcam) (Entered: 08/09/2011) 201 SUPPLEMENT by Firehouse Restaurant Group Inc, Three Alarm Subs, Inc, Fireside Restaurant Company Inc to 197 Response in Opposition to Motion,, Plaintiffs' Notice of Supplemental Authority. (Attachments: # 1 Exhibit A-Cited Case-Deere & Co. v. MTD Holdings Inc., # 2 Exhibit B-Cited Case-Equine Technologies, Inc. v. Equitechnology, Inc.)(Manos, Marcus) Modified on 8/11/2011 to add filers listed on

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document (hcic). (Main Document 201 replaced on 8/11/2011 with corrected document as provided by filing user) (hcic). (Entered: 08/10/2011) 08/10/2011 202 REPLY to Response to Motion re 193 MOTION in Limine To Exclude Evidence of Donations and For Other Relief Response filed by Heath Scurfield, Scurmont LLC. (Hurley, Sarah) (Entered: 08/10/2011) 203 ORDER granting in part and denying in part 166 Motion in Limine; granting in part and denying in part 167 Motion in Limine; denying 193 Motion in Limine Signed by Honorable R Bryan Harwell on 8/11/2011.(cswe, ) (Entered: 08/11/2011) 204 RESPONSE in Opposition re 166 MOTION in Limine Supplemental Response filed by Heath Scurfield, Scurmont LLC.Reply to Response to Motion due by 8/22/2011 (Hurley, Sarah) (Entered: 08/11/2011) 205 REPLY to Response to Motion re 166 MOTION in Limine Plaintiffs' Supplemental Brief Regarding Use of Internet Evidence by William O. Bearden Response filed by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs Inc. (Manos, Marcus) Modified on 8/12/2011 to add filers listed on document (hcic). (Entered: 08/12/2011) 206 TEXT ORDER: Both parties have filed supplemental briefs regarding Defendants' intent to offer evidence of websites of other restaurants and businesses that use the term "firehouse" in their names. Dr. Bearden may give testimony regarding his confirmation of "actual use" only with regard to those websites of businesses for which printouts were made a part of his deposition and also as to any others that he specifically identified from memory (if any) at his deposition; PROVIDED HOWEVER , that these "new disclosures" regarding his confirmation that the businesses (i.e. users of those websites) were actually in business, were in fact disclosed and supplemented timely as set forth in Rule 26(e) of the Federal Rules of Civil Procedure. If they were not timely disclosed, they are excluded. Rule 26(e)(2) provides, with regard to experts supplementing information "included in the report and to information given during the expert's deposition[,] [a]ny additions or changes to this information must be disclosed by the time the party's pretrial disclosures under Rule 26(a)(3) are due." The Amended Scheduling Order dated February 10, 2011, specified the date for pretrial disclosures as May 27, 2011. Plaintiffs argue that new information not included in Dr. Bearden's expert report should be excluded even though such may have been available at his deposition for their cross-examination of him. As the Plaintiffs have known about websites specifically mentioned or made a part of the record at Dr. Bearden's deposition, they have suffered no prejudice regarding them. However, the Court will exclude any information regarding websites that he wishes to testify to that were not specifically mentioned or included in his deposition. The Court has nothing from the parties as to when this new information regarding the confirmation of these 30 websites/businesses was disclosed. Additionally, the parties have submitted nothing to the Court to determine if the disclosures were made prior to May 27, 2011. The parties should advise the Court

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in writing whether such disclosures were or were not made by the deadline and provide any evidence thereof if in dispute, or advise if they are in agreement that the information was disclosed prior to May 27, 2011. ** Also, counsel are instructed to confer and advise the Court to which requested jury charges they agree and further to submit a proposed verdict form. Signed by Honorable R Bryan Harwell on 8/12/2011. (cswe, ) (Entered: 08/12/2011) 08/12/2011 08/12/2011 207 Defendants' Counter Designations and OBJECTIONS byHeath Scurfield, Scurmont LLC to 186 Pretrial Disclosures. (Hurley, Sarah) (Entered: 08/12/2011) 208 STIPULATION re 206 Order, Joint Stipulation Regarding Use of Certain Internet Evidence by William O. Bearden by Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc, Three Alarm Subs, Inc, Heath Scurfield, Scurmont LLC. (Manos, Marcus) Modified on 8/15/2011 to add filer listed on document (hcic). (Entered: 08/12/2011) 209 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial held on 8/15/2011; exhibits; 8 person jury sworn; preliminary instructions, opening statements; witnesses; reconvene on 8/16/11 9:30 a.m. Court Reporter Raymond Simmons. (mcam) (Entered: 08/15/2011) 210 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial held/continued on 8/16/2011; witnesses; reconvene 8/17/11 9:30 a.m. Court Reporter Raymond Simmons. (mcam) (Entered: 08/16/2011) 211 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial held/continued on 8/17/2011; witnesses; exhibits; Plaintiff's rest; oral motion of plaintiffs for judgment as a matter of law as to fraud is denied; oral motion of defendants for judgment as a matter of law is denied; reconvene on 8/18/11 9:30 a.m. Court Reporter Raymond Simmons. (mcam) (Entered: 08/17/2011) 212 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial held/continued on 8/18/2011; exhibits; witnesses; defendants rest; oral motions of plaintiffs for judgment as a matter of law are denied; oral motion of defendants for judgment as a matter of law is denied; reconvene on 8/19/11 9:30 a.m. Court Reporter Raymond Simmons. (mcam) (Entered: 08/19/2011) 213 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Jury Trial continued and completed on 8/19/2011; closing arguments, charge, deliberation, verdict; Plaintiffs renew Rule 50 motion and will file motion within 10 days; defendants will file motion for attorney's fees within 10 days. Court Reporter Raymond Simmons. (mcam) (Entered: 08/19/2011) 214 Exhibit List of Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc and Three Alarm Subs Inc.(mcam) (Entered: 08/19/2011) 215 Exhibit List of Scurmont LLC and Heath Scurfield. (mcam) (Entered: 08/19/2011) 216 Jury Note. (mcam) (Entered: 08/19/2011) 218 JURY VERDICT. (mcam) (Entered: 08/19/2011)

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220 Jury Instructions. (mcam) (Entered: 08/19/2011) 221 ORDER RETURNING EXHIBITS. Signed by Honorable R Bryan Harwell on 8/19/11. (mcam) (Entered: 08/19/2011) 222 JUDGMENT in favor of Scurmont LLC and Heath Scurfield against Firehouse Restaurant Group Inc, Fireside Restaurant Company Inc and Three Alarm Subs Inc (mcam) (Entered: 08/22/2011) 225 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (Attachments: # 1 Judgment, # 2 Verdict)(mcam) (Entered: 08/24/2011)

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Transaction Receipt
08/27/2011 18:37:17 PACER Login: lp0470 Description: Billable Pages: 23 Client Code: Cost: 1.84 Docket Report Search Criteria: 4:09-cv-00618-RBH

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