General Steel Domestic Sales, LLC v. Chumley et al
| General Steel Domestic Sales, LLC |
| Ethan Daniel Chumley, Atlantic Building Systems, LLC, PRQ Internet Kommanditbolag (Limited Partnership) and Gottfrid Swartholm |
| 1:2013cv00769 |
| March 25, 2013 |
| US District Court for the District of Colorado |
| Denver Office |
| Arapahoe |
| Marcia S. Krieger |
| Kathleen M. Tafoya |
| Other Statutory Actions |
| 15 U.S.C. ยง 1125 Unfair Competition (Lanham Act) |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
636
OPINION AND ORDER DENYING PRETRIAL MOTIONS: The Court DENIES 614 , 618 , 620 , 625 , 627 and 630 . by Chief Judge Marcia S. Krieger on 5/24/16.(msksec, )
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Filing
616
ORDER; Plaintiff's Motion to Compel Updated Production of Financial Information 613 is GRANTED, by Magistrate Judge Kathleen M. Tafoya on 3/18/16.(morti, )
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Filing
605
MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 1/14/2016. re: 173 APPEAL OF MAGISTRATE JUDGE DECISION to District Court. The Court sustains the determination and recommendation of the Magistrate Judge an d overrules Armstrongs objections in all regards. 569 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is GRANTED in part and DENIED in part. The Court affirms the Magistrate Judges denial of General Steels motion and sustains General Stee ls Objections and vacates that portion of the Magistrate Judges order (Doc. #566) granting sanctions against General Steel. 571 Motion to Clarify is GRANTED to the extent the Court has clarified its summary judgment ruling; 582 Motion to Bifur cate is DENIED. Revised Proposed Pretrial Order, Witness and Exhibit Lists due by 2/16/2016. Jury Trial (2 weeks) set for 6/20/2016 -6/24/2016; 6/27/2016 - 7/1/2016 08:30 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Court Reporter: Terri Lindblom. (pglov)
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Filing
574
AMENDED TRIAL PREPARATION ORDER - CIVIL: Amended to include attachment. by Chief Judge Marcia S. Krieger on 10/7/15. (msksec, )
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Filing
568
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT: Armstrong's Objections 336 are OVERRULED. The Court AFFIRMS the Magistrate Judge's July 30, 2014 Minute Order (#306). denying in pa rt Armstrong's Motion to Compel. General's Motion for Summary Judgment ( 486 , 490 ) and Armstrong's Motion for Summary Judgment 488 are GRANTED IN PART and DENIED IN PART as set forth herein. General's Motion to Restrict Access 516 is DENIED and the Clerk of the Court shall lift all restrictions on Docket #507-1 through 507-5. Dispositive motions having been resolved, all that remains is to prepare the case for trial. The parties shall promptly begin preparation of a Proposed Pretrial Order in accordance with the 158 Trial Preparation Order - Civil and shall jointly contact chambers to schedule a Pretrial Conference within 14 days. by Chief Judge Marcia S. Krieger on 9/15/15.(msksec, )
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Filing
567
ORDER; 531 Counterclaim Defendant General Steels Motion to Strike Armstrongs Untimely Ninth Supplemental Rule 26(a)(1) Disclosures is GRANTED. 539 Plaintiffs Motion to Reopen Discovery for Deposition, Document Production and Computer Imaging a nd Request for Expedited Briefing and Ruling is DENIED. 544 Defendants Ethan Chumleys and Armstrong Steels Motion to Strike Plaintiffs Untimely Third and Fourth Supplemental Disclosures is GRANTED. The motions hearing scheduled for September 24, 2015 at 1:30 p.m. is VACATED, by Magistrate Judge Kathleen M. Tafoya on 9/11/15.(morti, )
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Filing
536
ORDER; Defendants Ethan Chumley and Armstrong Steel Corporations (sic) Motion to Strike Plaintiff General Steels Untimely Supplemental Expert Disclosure of Gregory B. Taylor, or for Alternative Relief 511 is DENIED, by Magistrate Judge Kathleen M. Tafoya on 6/2/15.(morti, )
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Filing
535
ORDER; 499 Armstrong Steel's Second Motion for Contempt and Sanctions Against Denver SEO, LLC Due to Its Destruction of Evidence and Failure to Provide Information and Documents as Ordered by this Court is DENIED; and Denver SEO's request for attorney's fees and costs in responding to the Sanctions Motion is DENIED, by Magistrate Judge Kathleen M. Tafoya on 6/1/15.(morti, )
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Filing
478
COURTROOM MINUTES for Motion Hearing held on 1/14/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Armstrong Steel's Motion to Compel Denver SEO, LLC to Provide Responses to Requests 1 and 2 of Subpoena Duces Tecum 401 is GRANTED IN PART, as stated on record. General Steel's Motion to Quash Subpoenas 389 is DENIED, as stated on record. The dispositive motions deadline is extended to February 13, 2015 to allow time for the deposition(s) and for receipt of the documen ts from internet vendors. The discovery deadline in this case has passed and the only discovery allowed will be that specifically addressed by the court during this hearing. Counterclaim Defendant General Steel's Motion to Strike Armstrong� 39;s Untimely Witness Disclosures 395 is GRANTED, for reasons stated on record. Plaintiff and Counterclaimant General Steel's Joint Motion to Strike Defendants' Seventh Supplemental Rule 26(A)(1) Disclosure 414 is GRANTED IN PART AND DENIED IN PART, as stated on record. Counterclaim Defendant General Steel's Motion to Strike Armstrong's Untimely Expert Reports 384 is GRANTED. Armstrong Steel's Motion to Compel Additional 30(b)(6) Deposition Due to Inadequat e Preparation and Additional Documents 410 is GRANTED. Defendants Ethan Chumley and Armstrong Steel and Counterclaimant Armstrong Steel's Motion to Strike Plaintiff and Counterclaim Defendant General Steel's Untimely Disclosures, Disco very, and Document Production 403 is DENIED, as stated on record. Counterclaimants and Defendants Ethan Chumley and Armstrong Steel's Motion to Modify the Amended Scheduling Order to Extend he Discovery Cutoff Deadline to Conduct Further Dis covery, to Appoint a Special Master, and for Sanctions Under the Federal Rules of Civil Procedure 16, 37, and 53 428 is GRANTED IN PART AND DENIED IN PART. General Steel's Motion for Sanctions Due to Defendant Armstrong Steel's Sham Rule 30(b)(6) Testimony and Perjury 397 is DENIED, as stated on record. Defendants Atlantic Building Systems, LLC and Ethan Daniel Chumley's Motion to Restrict by Redaction Portions of General Steel's Motion for Sanctions Due to Defendant Armstrong's Steel's Sham Rule 30(b)(6) Testimony and Perjury (ECF No. 393) and Exhibit 4 Thereto (ECF No. 393-2) and to Restrict by Redaction Exhibit 1 (ECF No. 396) to General Steel's Motion to Strike Armstrong's Untimely Witness Disclosures (ECF No. 395) 416 is DENIED except that Exhibit B 396 shall remain under Restriction Level 1. FTR: KMT C201. (sgrim)
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Filing
379
COURTROOM MINUTES for Motion Hearing held on 10/8/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendants Atlantic Building Systems, LLC and Ethan Daniel Chumley's Motion to Compel Responses to Defendants Second Set of Requests for Production of Documents Regarding Customer Complaints 350 is DENIED. Counterclaimant Atlantic Building Systems, LLC's Motion to Compel Responses to Second Set of Requests for Documents and Third Set of Interrogatories 352 is GRANTED IN PART AND DENIED IN PART. FTR: KMT C201. (sgrim)
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Filing
373
ORDER granting Joint Motion to Modify Amended Scheduling Order (ECF No. 157) to Extend Discovery-Cut Off and Dispositive-Motion Deadlines 363 . Discovery due by 12/5/2014. Dispositive Motions due by 1/15/2015, by Magistrate Judge Kathleen M. Tafoya on 9/26/14.(sgrim)
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Filing
366
OPINION AND ORDER overruling 357 APPEAL OF MAGISTRATE JUDGE DECISION to District Court, adopting 335 Report and Recommendations, and denying 357 ; denying 108 Motion for Default Judgment Against Defendant PRQ and Swartholm, by Chief Judge Marcia S. Krieger on 9/9/14.(dkals, )
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Filing
306
COURTROOM MINUTES for Motion Hearing held on 7/30/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Counterclaimant Atlantic Building Systems, LLCs Motion to File its Reply Brief in Support of Motion to Compel Discovery and Two Exhibits to Same Under Level One Restriction 276 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to restrict, if any, consistent with the discussion held on record. Unopposed Motion to Implement Level 1 Restric ted Access as to General Steel's Reply in Support of Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse and Exhibits 281 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to re strict, if any, consistent with the discussion held on record. Unopposed Motion to Implement Level 1 Restricted Access as to Plaintiff's Reply in Support of Motion to Compel Discovery Responses Pursuant to Rule 37(a), Fed. R. Civ. P. (CM-ECF # 2 25) and Exhibit 2 287 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to restrict, if any, consistent with the discussion held on record. Unopposed Motion to File its Reply to Motion to Quash America n Express Company Subpoena and Two Exhibits to Same Under Level One Restriction 295 is HELD IN ABEYANCE. Defendants are given the opportunity to review and supplement the motion consistent with the discussion held on record. Unopposed Motion to Im plement Level 1 Restricted Access as to Defendants Ethan Chumley's and Atlantic Building Systems, LLC's Motion for Sanctions Pursuant to Fed.R.Civ.P. 37(b)(2) for Plaintiff General Steel Domestic Sales, LLC's Failure to Comply with Cou rt Order 304 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to restrict, if any, consistent with the discussion held on record. Counterclaimant Atlantic Building Systems, LLC's Motion to Compel Discovery 213 is GRANTED IN PART as to interrogatory No. 3 and DENIED in all other respects. Plaintiff shall produce documents from October 13, 2011 through October 18, 2013 pertaining to court litigation and arbitration, as discussed, on or befor e August 29, 2014. General Steel's Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse 218 is GRANTED IN PART AND DENIED IN PART, as stated on record. Defendants shall produce documents, as discussed, on or before August 29 , 2014. Plaintiff's Motion to Compel Discovery Responses Pursuant to Rule 37(a), Fed. R. Civ. P. 225 is GRANTED. Defendants are directed to produce a list of former employees from December 23, 2013 through present on or before August 29, 2014. Counterclaimant Atlantic Building Systems, LLC's Second Motion to Compel Discovery 226 is GRANTED IN PART, DENIED IN PART, AND FOUND MOOT IN PART. Motion to Quash American Express Company Subpoena 242 is GRANTED. The extended discovery cuto ff referenced in Minute Order 253 shall include three additional potential deponents, as discussed. Defendants are directed to provide the policy related to commercial general liability insurance or an affidavit indicating there is no policy, as discussed, on or before August 13, 2014. FTR: KMT C201. (sgrim)
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Filing
254
ORDER granting 174 Denver SEO, LLC's Motion for Attorney Fees Pursuant to Fed. R. Civ. P. 54.3 and C.R.S. § 13-17-102. Ethan Chumley and Atlantic Building Systems, LLC, shall pay to Denver SEO the sum of $3,475.55 in full on or before August 1, 2014, by Magistrate Judge Kathleen M. Tafoya on 7/7/14.(sgrim)
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Filing
209
ORDER denying 203 Defendants/Counterclaimant's Motion to Amend the Scheduling Order, by Magistrate Judge Kathleen M. Tafoya on 5/30/14.(sgrim)
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Filing
206
ORDER ADOPTING RECOMMENDATION AND GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS: (1) The Recommendation 201 is ADOPTED. (2) The Motion to Dismiss 147 is GRANTED IN PART, insofar as the third-party claims against Mr. Knight are dismissed, and DENIED IN PART as to the remainder of the Motion. by Chief Judge Marcia S. Krieger on 5/20/14.(msksec, )
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Filing
193
ORDER denying 153 Plaintiff/Counterclaim Defendant General Steel's and Third-Party Defendant Knight's Motion To Sever. By Magistrate Judge Kathleen M. Tafoya on 4/3/2014.(klyon, )
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Filing
192
ORDER granting in part and denying in part 188 Defendants Ethan Chumley's and Atlantic Building Systems, LLC's Motion to Strike New Legal Arguments Raised in Denver SEO, LLC's Amended Reply in Support of Motion for Attorney Fees Pur suant To Fed. R. Civ. P. 54.3 and C.R.S. § 13-17-102. Defendants Ethan Chumley's and Atlantic Building Systems, LLC's may file their surreply to 174 "Denver SEO, LLC's Motion for Attorney Fees Pursuant to Fed. R. Civ. P. 54.3 and C.R.S. § 13-17-102" on or before April 21, 2014. By Magistrate Judge Kathleen M. Tafoya on 3/31/2014.(klyon, )
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Filing
158
TRIAL PREPARATION ORDER - CIVIL by Chief Judge Marcia S. Krieger on 1/16/14. Text Only Entry (msksec, )
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Filing
156
COURTROOM MINUTES for Motion Hearing/Scheduling Conference held on 1/13/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Movant, Denver SEO, LLC's Motion to Quash Subpoena to Produce Documents, Information, or Objects 118 is GRANT ED. General Steel's Motion to Quash Document Subpoenas Served Upon Compass Bank 112 is GRANTED. Compass Bank's Objection and Motion to Quash or Modify Subpoenas 111 is GRANTED. Plaintiff's Motion for Protective Order Regarding C ompass Bank Copies of General Steel Customer Checks and Wire Transfers Pursuant to Rule 26(c), Fed. R. Civ. P. 136 is DENIED. Defendants are directed to compensate Compass Bank in the amount of $3,112.50 for compliance with subpoena #1. Def endants shall submit payment to Compass Bank within three weeks after the receipt of an invoice. General Steel's Motion to Quash Document Subpoenas Served on Out-of-State Non-Parties 103 is GRANTED WITHOUT PREJUDICE, as stated on record. Ge neral Steel's Motion for Entry of Protective Order as to Document Subpoenas Served on Non-Parties 124 is GRANTED IN PART AND DENIED IN PART, as stated on record. Discovery Cut-off: July 14, 2014. Dispositive Motions Deadline: September 15, 2014. A Motion Hearing is set for January 24, 2014 at 9:30 a.m. regarding Plaintiff's Motion to Compel Discovery Responses Pursuant to Rule 37(a), Fed. R. Civ. P. 86 and Defendants' Motion to Compel Discovery 133 in Courtroom C-201, Second Floor, of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado. Counsel shall file any modifications to the motions by close of business on or before January 22, 2014. FTR: S. Grimm. (sgrim)
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Filing
93
COURTROOM MINUTES for Motion Hearing held on 10/24/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff's Unopposed Motion for Leave to Amend Complaint 83 is DENIED WITHOUT PREJUDICE. Plaintiff is directed to file an amen ded complaint with the court previous order and without any new counts, as discussed on record, on or before November 7, 2013. Defendants are directed to file an answer, or other responsive pleading, to the amended complaint, with their countercla ims, on or before December 2, 2013. As to Third Party Defendants, an answer or other responsive pleading to either the current counter claims or the amended counter claims will be due on or before December 2, 2013. Plaintiff's Motion for De fault Judgment Against Defendants PRQ and Swartholm 55 is DENIED WITHOUT PREJUDICE. A Scheduling Conference is set for January 14, 2014 at 9:30 a.m. in Courtroom C- 201, Second Floor, of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado. FTR: S. Grimm. (sgrim)
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Filing
82
MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 9/25/2013 45 Motion for More Definite Statement is GRANTED IN PART and DENIED IN PART. 65 Motion to Quash Subpoena is DENIED. 62 Motion to Quash Subpoena issued to Chase Bank is DENIED. 77 Motion for Protective Order is GRANTED IN PART and DENIED IN PART. PART. Discovery deadline extended to 3/31/2014. Dispositive Motions deadline extended to 5/12/2014. FTR: KMT Courtroom C201. (bnbcd, )
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Filing
68
ORDER granting 59 Motion and Protective Order. By Magistrate Judge Kathleen M. Tafoya on 8/12/2013.(klyon, )
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Filing
52
COURTROOM MINUTES for Scheduling Conference held on 7/11/2013 before Magistrate Judge Kathleen M. Tafoya. Discovery due by 1/31/2014. Dispositive Motions due by 3/12/2014. ORDERED: Plaintiff's Motion for Limited Expedited Discovery 9 is WITHDRAWN. FTR: S. Grimm. (sgrim)
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Filing
12
ORDER Scheduling Conference set for 7/11/2013 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 4/16/2013. (kmtcd)
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