Traeger Pellet Grills LLC v. Dansons US LLC et al
Plaintiff: Traeger Pellet Grills LLC
Defendant: George Koster and Dansons US LLC
Case Number: 2:2019cv04732
Filed: July 16, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Camille D Bibles
Referring Judge: Douglas L Rayes
Nature of Suit: Property Rights: Trademark
Cause of Action: 15:1114
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Filing 40 STIPULATION FOR ENTRY OF ORDERS by Traeger Pellet Grills LLC. (Attachments: #1 Text of Proposed Order Order Establishing ESI Protocol and Privileged Protection Under Rule 502(d), #2 Text of Proposed Order Protective Order re Confidential Information)(Dauphine, Dawn)
September 13, 2019 Filing 39 TRANSCRIPT REQUEST by Traeger Pellet Grills LLC for proceedings held on 9/12/19, Judge Douglas L Rayes hearing judge(s). (Dauphine, Dawn)
September 12, 2019 Filing 38 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Preliminary Injunction Hearing held on 9/12/2019. The Court hears oral argument of the parties and takes the matter under advisement. APPEARANCES: Kirk Dillman, Dawn Dauphine, and Robert King for Plaintiff. Patrick Muffo, Kenneth Wilton, and Olivier Beabeau for Defendants. (Court Reporter Laurie Adams.) Hearing held 1:30 PM to 3:30 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
September 11, 2019 Filing 37 NOTICE re: Filing Florida District Court Order by Dansons US LLC, George Koster re: #11 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit 1)(Gregory, Lauren)
September 6, 2019 Filing 36 AFFIDAVIT in Opposition re: #11 MOTION for Preliminary Injunction - Decl. of Jeff Thiessen filed by Dansons US LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gregory, Lauren)
September 6, 2019 Filing 35 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Traeger Pellet Grills LLC by George Koster, Dansons US LLC.(Muffo, Patrick)
August 28, 2019 Filing 34 REPLY to Response to Motion re: #11 MOTION for Preliminary Injunction filed by Traeger Pellet Grills LLC. (Attachments: #1 Affidavit Declaration of Robert J. King in Support of Plaintiff's Reply to Its Motion for Preliminary Injunction)(Dauphine, Dawn)
August 19, 2019 Filing 33 NOTICE TO FILER OF DEFICIENCY re: #32 Corporate Disclosure Statement filed by Dansons US LLC. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document signed by attorney Patrick Muffo but submitted using the log-in and password belonging to attorney Lauren Gregory. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST)
August 19, 2019 Filing 32 *Corporate Disclosure Statement by Dansons US LLC. (Gregory, Lauren) *Modified to reflect Local Rule violation on 8/20/2019 (SST).
August 14, 2019 Filing 31 RESPONSE in Opposition re: #11 MOTION for Preliminary Injunction filed by Dansons US LLC. (Attachments: #1 Affidavit, #2 Exhibit 1 to Traeger, #3 Exhibit 2 to Traeger, #4 Affidavit, #5 Exhibit 1 to Muffo, #6 Exhibit 2 to Muffo, #7 Exhibit 3 to Muffo, #8 Exhibit 4 to Muffo, #9 Exhibit 5 to Muffo, #10 Exhibit 6 to Muffo, #11 Exhibit 7 to Muffo, #12 Exhibit 8 to Muffo, #13 Exhibit 9 to Muffo, #14 Exhibit 10 to Muffo, #15 Exhibit 11 to Muffo, #16 Exhibit 12 to Muffo, #17 Exhibit 13 to Muffo, #18 Exhibit 14 to Muffo)(Gregory, Lauren)
August 8, 2019 Filing 30 Mail Returned as Undeliverable. Mail sent to Alan P Block. Reason for return: No Such Number, Unable to Forward. Document number #16 . (SST)
August 8, 2019 Filing 29 Mail Returned as Undeliverable. Mail sent to Alan P Block. Reason for return: No Such Number, Unable to Forward. Document number 15 . (SST)
August 6, 2019 Opinion or Order Filing 26 ORDER granting a one-time extension of time until 9/6/2019 to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. Signed by Judge Douglas L Rayes on 8/5/2019. (MMO)
August 5, 2019 Filing 28 Mail Returned as Undeliverable. Mail sent to Alan P Block. Reason for return: No Such Number, Unable to Forward. Document number #20 . (SST)
August 5, 2019 Filing 27 Mail Returned as Undeliverable. Mail sent to Alan P Block. Reason for return: Vacant, Unable to Forward. Document number #19 . (SST)
August 5, 2019 Filing 25 *MOTION for Extension of Time to file Answer or otherwise respond to #1 Complaint by Dansons US LLC, George Koster. (Attachments: #1 Text of Proposed Order)(Muffo, Patrick) *Modified to reflect correct event and to add correct link; attorney noticed on 8/6/2019 (SST).
July 30, 2019 Filing 24 SERVICE EXECUTED filed by Traeger Pellet Grills LLC: Rule 4 Waiver of Service of Summons. Waiver sent on 7/26/2019 to George Koster . (Furnish, William)
July 29, 2019 Remark: Pro hac vice motion granted for Lauren M Gregory on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 26, 2019 Remark: Pro hac vice motion granted for Robert J King on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 25, 2019 Remark: Pro hac vice motion granted for Alan P Block on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 25, 2019 Remark: Pro hac vice motion granted for Kenneth L Wilton on behalf of defendants Dansons US LLC and George Koster. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 25, 2019 Filing 23 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Conference held on 7/25/2019 re: #11 Motion for Preliminary Injunction. Pursuant to stipulation of the parties, Defendants' response due 8/14/19, Plaintiff's reply in support due 8/28/19. The parties do not anticipate the need for discovery. Preliminary Injunction Hearing set for 9/12/2019 at 01:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. APPEARANCES: Telephonic appearance by Kirk Dillman and Dawn Dauphine for Plaintiff. Telephonic appearance by Patrick Muffo, Kenneth Wilton, Lauren Gregory, and Olivier Beabeau for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 9:34 AM to 9:41 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
July 24, 2019 Remark: Pro hac vice motion granted for Patrick Muffo on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 24, 2019 Filing 22 NOTICE re: of Service by Traeger Pellet Grills LLC re: #20 Order, Set/Reset Hearings, #16 Order re Rule 12(b) Motions . (Furnish, William)
July 24, 2019 Remark: Pro hac vice motion granted for Kirk D Dillman on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 24, 2019 Filing 21 NOTICE of Appearance by Olivier Andre Beabeau on behalf of Dansons US LLC, George Koster. (Beabeau, Olivier)
July 23, 2019 Opinion or Order Filing 20 ORDER: Plaintiff has filed a motion for a preliminary injunction. (Doc. #11 .) IT IS ORDERED that the parties appear telephonically before Judge Douglas L. Rayes in Courtroom 606, 401 West Washington Street, Phoenix, Arizona 85003 on July 25, 2019 at 9:30 a.m. [see attached Order for details]. Signed by Judge Douglas L Rayes on 7/23/19. (MAW)
July 23, 2019 Opinion or Order Filing 19 ORDER OF RECUSAL. That this matter has been reassigned by the Clerk of Court, by random lot, to the Honorable Douglas L. Rayes, United States District Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-04732-PHX-DLR. Signed by Judge Diane J Humetewa on 7/23/19. (MAP)
July 23, 2019 Filing 18 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Traeger Pellet Grills LLC. (Furnish, William)
July 22, 2019 Filing 17 SERVICE EXECUTED filed by Traeger Pellet Grills LLC: Affidavit of Service re: Order, District Judge Option, Motion for Preliminary Injunction (stamped) upon Jordan Thiessen on 07/18/19. (Furnish, William)
July 19, 2019 Opinion or Order Filing 16 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Diane J Humetewa on 7/18/19. (CLB)
July 18, 2019 Filing 15 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-19-4732-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
July 17, 2019 Filing 14 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
July 17, 2019 Filing 12 SERVICE EXECUTED filed by Traeger Pellet Grills LLC: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet, Corporate Disclosure Statement, Consent to Exercise Jurisdiction Form, Notice to Parties re Mandatory Initial Discovery Pilot Project, Motion to Exceed Page Limit, Motion for Preliminary Injunction upon Dansons US, LLC on 07/17/2019. (Furnish, William)
July 17, 2019 Filing 11 MOTION for Preliminary Injunction Against Defendant Dansons US, LLC and Supporting Memo of Points and Authorities by Traeger Pellet Grills LLC. (Attachments: #1 Affidavit Declaration of Thomas Burton, #2 Affidavit Declaration of Larry Chiagouris, #3 Affidavit Declaration of Robert King Part 1, #4 Affidavit Declaration of Robert King Part 2, #5 Text of Proposed Order) (SST)
July 17, 2019 Opinion or Order Filing 10 ORDER: IT IS ORDERED that Plaintiff's motion at ECF No. #4 , seeking leave to exceed the page limit with regard to a motion for preliminary injunctive relief, is granted. Accordingly, the Clerk of the Court shall docket the pleading lodged at ECF No. #5 as Plaintiff Traeger Pellet Grills LLC's Motion for Preliminary Injunction Against Defendant Dansons US LLC. Signed by Magistrate Judge Camille D Bibles on 7/17/2019. (SST)
July 16, 2019 Filing 9 Summons Issued as to Dansons US LLC and George Koster. (Attachments: #1 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
July 16, 2019 Filing 8 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC)
July 16, 2019 Filing 7 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (Attachments: #1 AO 121)(DLC)
July 16, 2019 Filing 6 Filing fee paid, receipt number 0970-17166007. This case has been assigned to the Honorable Camille D Bibles. All future pleadings or documents should bear the correct case number: CV-19-4732-PHX-CDB. Magistrate Election form attached. (DLC)
July 16, 2019 Filing 5 *Filed at (Doc. #11 ) pursuant to #10 Order - LODGED Proposed Plaintiff Traeger Pellet Grills LLC's Motion for Preliminary Injuction Against Defendant Dansons US LLC and Support Memo of Points and Authorities re: #4 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Traeger Pellet Grills LLC. (Furnish, William) (Attachments: #1 Affidavit Declaration of Thomas Burton, #2 Affidavit Declaration of Larry Chiagouris, #3 Affidavit Declaration of Robert King Part 1, #4 Affidavit Declaration of Robert King Part 2, #5 Text of Proposed Order)(DLC) Modified on 7/17/2019 (SST).
July 16, 2019 Filing 4 MOTION for Leave to File Excess Pages by Traeger Pellet Grills LLC. (Furnish, William) (Attachments: #1 Text of Proposed Order)(DLC)
July 16, 2019 Filing 3 SUMMONS Submitted by Traeger Pellet Grills LLC. (Furnish, William) (Attachments: #1 Summons)(DLC)
July 16, 2019 Filing 2 Corporate Disclosure Statement by Traeger Pellet Grills LLC. (Furnish, William) (DLC)
July 16, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17166007 filed by Traeger Pellet Grills LLC. (Furnish, William) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-11, #3 Exhibit 12 Part 1, #4 Exhibit 12 Part 2, #5 Exhibit 13-14, #6 Exhibit 15)(DLC)

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Plaintiff: Traeger Pellet Grills LLC
Represented By: Kirk D Dillman
Represented By: Dawn L Dauphine
Represented By: Robert J King
Represented By: William Dewitt Furnish
Represented By: William J Maledon
Represented By: Alan P Block
Represented By: Robert Johnston King
Represented By: Alan Peter Block
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Defendant: George Koster
Represented By: Lauren Martha Gregory
Represented By: Olivier Andre Beabeau
Represented By: Kenneth L Wilton
Represented By: Patrick T Muffo
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Defendant: Dansons US LLC
Represented By: Lauren Martha Gregory
Represented By: Olivier Andre Beabeau
Represented By: Kenneth L Wilton
Represented By: Patrick T Muffo
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