Crocs, Inc. v. Cheng's Enterprises, Inc. et al
Case Number: 1:2006cv00605
Filed: April 3, 2006
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Boyd N. Boland
Presiding Judge: Phillip S. Figa
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Both
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Date Filed Document Text
September 7, 2022 Opinion or Order Filing 1191 ORDER by Chief Judge Philip A. Brimmer on 9/7/2022, re: [1081, 1082] Individual Defendants' Motion for Attorneys' Fees is GRANTED in part and DENIED in part. ORDERED that the Individual Defendants shall file updated billin g records on their defense of defendants' Lanham Act claim on or before September 27, 2022. ORDERED that defendants may respond to the Individual Defendants' updated billing records on or before October 7, 2022..(sphil, )
March 30, 2022 Opinion or Order Filing 1127 ORDER by Chief Judge Philip A. Brimmer on 3/30/2022, re: 1037 Counterclaim Plaintiffs Motion to Exclude Certain Expert Testimony is GRANTED in part and DENIED in part. (sphil, )
March 28, 2022 Opinion or Order Filing 1126 ORDER by Chief Judge Philip A. Brimmer on 3/28/2022, re: 1000 Dawgs' Unopposed Motion to File Amended Reply to Crocs' Opposition to Dawgs' Objections to Magistrate Judge's Sanctions Order (Dkt. 998) is GRANTED; and 987 Counterclaim Plaintiffs' Objection to Magistrate Judge KathleenTafoya's Order (Dkt. No. 975) Awarding Sanctions in Connection with Crocs' Motion to Compel (Dkt. No. 947) is OVERRULED. (sphil, )
September 14, 2021 Opinion or Order Filing 1071 ORDER by Chief Judge Philip A. Brimmer on 9/14/2021, re: 909 Crocs and the Individual Defendants' Motion for Summary Judgment of Lanham Act Claim is GRANTED. ORDERED that Dawgs's seventh claim and fifteenth counterclaim are DISMISSED with prejudice. ORDERED that Counterclaim Plaintiffs' Motion to Dismiss [Docket No. 997] is GRANTED in part and DENIED in part. ORDERED that all claims against defendants Jeffrey Lasher, Erik Rebich, and Da niel Hart are DISMISSED with prejudice. ORDERED that Counterclaim Plaintiffs' Motion to Dismiss Defendant Sara Hoverstock [Docket No. 1019] is GRANTED in part and DENIED in part. ORDERED that all claims against defen dant Sara Hoverstock are DISMISSED with prejudice. ORDERED that Jeffrey Lasher, Erik Rebich, Daniel Hart, and Sara Hoverstock are awarded their costs, to be taxed by the Clerk of Court, pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO .LCivR 54.1. ORDERED that Counterclaim Plaintiffs' Unopposed Motion for Leave to File Amended Reply in Support of its Motion to Dismiss [Docket No. 1018] is GRANTED. ORDERED that Dawgs's Motion for Leave to File Supplemental Opposition to Crocs, Inc.s Motion for Summary Judgment in View of New Survey Evidence from Both Parties [Docket No. 1002] is DENIED. (sphil, )
March 11, 2021 Opinion or Order Filing 929 ORDER by Chief Judge Philip A. Brimmer on 3/11/2021, re: 897 the Recommendation of United States Magistrate Judge is ACCEPTED. ORDERED that Counterclaim Plaintiffs' Objection to Magistrate Judge Kathleen Tafoya's Report and Recommendation Recommending Denial of Motion for Leave to File Third Amended Answer and Counterclaims against Crocs and First Amended Complaint Against the Individual Defendants [Docket No. 900] is OVERRULED. ORDERED that Dawgs's Motion for Leave to File Third Amended Answer and Counterclaims Against Crocs and First Amended Complaint Against the Individual Defendants [Docket No. 849] is DENIED.. (sphil, )
July 14, 2020 Opinion or Order Filing 842 ORDER by Chief Judge Philip A. Brimmer on 7/14/2020, re: 832 Double Diamond Distribution, LTD. and Mojave Desert Holdings, LLCs Motion to Re-Open Cases for Good Cause is GRANTED; 833 Mojave Desert Holdings, LLC Motion to Substitute or Jo in as the Real Party-In-Interest of U.S.A. Dawgs, Inc.s Claims and Counterclaims Against Crocs and the Snyder Defendants is GRANTED in part and DENIED in part. ORDERED that Civil Action Nos. 06-cv-00605-PAB-KMT and 16-cv-02004-PAB-KMT shall be REOPENED. ORDERED that Mojave Desert Holdings, LLC shall be joined to Civil Action Nos. 06-cv-00605-PAB-KMT and 16-cv-02004-PAB-KMT..(sphil, )
March 19, 2018 Opinion or Order Filing 821 ORDER by Judge Philip A. Brimmer on 03/19/2018. ORDERED that Civil Action Nos. 06-cv-00605 and 16-cv-02004 shall be administratively closed, subject to being reopened upon a showing of good cause by any party. ORDERED that the parties shall file a status report within 30 days of any action that serves to lift the automatic stay in force as a result of the bankruptcy proceeding in the District of Nevada [Case No. 18-10453]. ORDERED that all pending motions in this case are DENIED without prejudice. If and when the case is reopened, the parties may request leave to re-file their motions. ORDERED that all settings and deadlines in this case are VACATED. (sphil, )
January 2, 2018 Opinion or Order Filing 787 ORDER granting 775 Motion for Inspection of Calzuro Footwear and Relevent Records, by Magistrate Judge Kathleen M. Tafoya on 1/2/17. (nmarb, ) Modified on 1/2/2018 to show as an opinion.(nmarb, ).
November 28, 2017 Opinion or Order Filing 770 ORDER. Dawgs' Rule 72 Objection to Magistrate Judge Tafoya's Order Compelling Dawgs to Produce Further Financial Information (Doc #701) 730 is OVERRULED. Dawgs' Motion to District Judge Under D.C.COLO.LCivR 30.2(b) to Stay Magistrate Judge's Order to Produce Discovery 747 is DENIED as MOOT. By Judge Philip A. Brimmer on 11/28/17. (pabsec)
November 8, 2017 Opinion or Order Filing 741 ORDER denying 507 Dawgs Motion for Leave to Supplement Its Contentions for the 858 Patent and the 789 Patent, by Magistrate Judge Kathleen M. Tafoya on 11/08/2017. (jgonz, )
September 30, 2017 Opinion or Order Filing 682 ORDER denying 410 Crocs, Inc.'s Motion to Strike and for Sanctions Under 28 U.S.C. § 1927, Rule 37, or the Court's Inherent Powers. By Judge Philip A. Brimmer on 9/30/17. (pabsec)
September 25, 2017 Opinion or Order Filing 673 ORDER by Judge Philip A. Brimmer on 09/25/2017. Defendants' Motion to Dismiss [Case No. 16-cv-02004, Docket No. 31] is granted in part and denied in part. Dawgs' first, second, third, fourth, fifth, and sixth claims for relief are dismissed with prejudice. (Case No. 16-cv-02004, Docket No. 1). Defendants John and Jane Does 1-30 are dismissed from this lawsuit. (sphil, )
June 27, 2017 Opinion or Order Filing 557 ORDER This matter is before the Court for the construction of U.S. Patent No. 6,993,858 (the "'858 Patent") [Docket No. 312-1] and U.S. Patent No. D517,789 (the "'789 Patent") [Docket No. 312-2] (collectively, the &qu ot;patents"). Crocs, Inc. ("Crocs") alleges that defendants Double Diamond Distribution, Ltd. and U.S.A. Dawgs, Inc. (collectively "Dawgs") have infringed the patents. The parties ask the Court to construe certain disputed terms in the patents. Docket No. 402. On June 6, 2017, the Court held a hearing pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), on these terms. Accordingly, the patent claim terms presently at issue shall be construed in accordance with the foregoing, by Judge Philip A. Brimmer on 6/27/2017. (evana, )
March 31, 2017 Opinion or Order Filing 504 ORDER. Crocs, Inc.'s Motion to Dismiss Counterclaims V-XII 227 is granted in part and denied in part and Scott Seamans' Motion to Dismiss Counterclaims VI-IX 231 is granted. Dawgs' seventh, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth claims for relief 487 are dismissed with prejudice. Defendants Scott Seamans and John and Jane Does 1-100 are dismissed from this lawsuit. By Judge Philip A. Brimmer on 3/31/17. (pabsec)
February 14, 2017 Opinion or Order Filing 453 ORDER that U.S.A. Dawgs, Inc. and Double Diamond Distribution, Ltd.'s Rule 72 Objection to Magistrate Judge's Order Docket No. 427 is denied without prejudice. It is further ORDERED that Dawgs is directed to file a motion to reconsider as to Docket No. 411 on or before February 21, 2017, by Judge Philip A. Brimmer on 2/14/2017. (evana, )
April 21, 2016 Opinion or Order Filing 184 ORDER. ORDERED that Double Diamond Distribution, Ltd. and U.S.A. Dawgs, Inc.sAdministrative Motion to Reopen for Purpose of Hearing Their Motion to Vacate the Stay 167 and defendants Double Diamond Distribution, Ltd. and U.S.A. Dawgs, Inc.s Motion to Reopen and Vacate Stay 168 are GRANTED. ORDERED that the stay is lifted and this case shall be re-opened. Signed by Judge Philip A. Brimmer on 04/21/16.(jhawk, )
September 21, 2015 Opinion or Order Filing 163 ORDER. ORDERED that Crocs' Motion to Enjoin and Prevent Violations of Stay by Dawgs and DDD; Request for Leave to File Motion for Sanctions 143 is DENIED and Crocs Administrative Motion to Reopen Case for Purpose of Hearing Crocs'sMotion to Enjoin and Prevent Violations of Stay by Dawgs and DDD; Request for Leave to File Motion for Sanctions 142 is DENIED as moot. Entered by Judge Philip A. Brimmer on 09/21/15.(jhawk, )
November 29, 2012 Opinion or Order Filing 140 ORDER TO CONSOLIDATE CASES. The Joint Motion to Consolidate is granted. Civil Action No. 12-cv-02096-PAB is hereby consolidated with Civil Action No. 06-cv-00605-PAB-BNB, for all purposes. All further filings shall be submitted under the caption "Civil Action No. 06-cv-00605-PAB-BNB (consolidated with Civil Action No. 12-cv-02096-PAB)." By Magistrate Judge Craig B. Shaffer on 11/29/12. (mnfsl, )
November 13, 2012 Opinion or Order Filing 139 ORDER ACCEPTING MAGISTRATE JUDGE'S 136 RECOMMENDATION. This case is administratively closed pursuant to D.C.COLO.LCivR 41.2, subject to being reopened for good cause shown. By Judge Philip A. Brimmer on 11/13/12.(mnfsl, )
October 10, 2012 Opinion or Order Filing 135 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 10/10/2012. 118 Motion to Stay the Proceedings Pending Inter Partes Reexaminations is TAKEN UNDER ADVISEMENT. Written order to issue. FTR: BNB Courtroom A401. (bnbcd, )
August 6, 2012 Opinion or Order Filing 103 ORDER. The re: 92 MOTION for Leave to Amend Complaint is granted. The Clerk of the Court is directed to accept for filing plaintiff's First Amended Complaint [Doc. # 92-1]. Scheduling Conference set for 9/6/2012 at 02:00 PM in Courtroom A 401 before Judge Philip A. Brimmer. By Magistrate Judge Boyd N. Boland on 8/6/12. (mnfsl, )
July 30, 2012 Opinion or Order Filing 100 MINUTE ORDER: 98 Motion for Leave to Reply to Response and Objection by Double Diamond Distribution, Ltd is GRANTED. Reply of no more than 5 pages due on or before 7/31/12. by Magistrate Judge Boyd N. Boland on 73012.(bnbcd, )
June 11, 2012 Opinion or Order Filing 90 ORDER 76 GRANTING Motion to Withdraw filed by Holey Soles Holdings, Ltd. by Magistrate Judge Boyd N. Boland on 6/11/12. (bnbcd, )
May 9, 2012 Opinion or Order Filing 75 ORDER LIFTING STAY. The 70 Motion to Lift Stay and Transfer Record is granted. The stay issued pursuant to 28 U.S.C. § 1659(a) is lifted and this case shall be administratively re-opened pursuant to D.C.COLO.LCivR 41.2. The record of the pro ceedings before the United States International Trade Commission shall be transmitted to this Court. On or before 6/8/2012, the parties shall file status reports regarding what deadlines should be set in this matter. By Judge Philip A. Brimmer on 5/9/12.(mnfsl, )
June 21, 2006 Opinion or Order Filing 47 ORDER granting Croc's MOtion to Reopen Case for the limited purpose of entering a consent judgment against Inter-Pacific Trading Corporation . Signed by Judge Phillip S. Figa on 06/21/06. (rlp, )
June 12, 2006 Opinion or Order Filing 43 ORDER granting 40 Motion to Reopen Case,the case is reopened for the limited purpose of entering a Consent Judgment against Shaka Holdings, Inc. Signed by Judge Phillip S. Figa on 06/12/06. (rlp, )
June 8, 2006 Opinion or Order Filing 38 ORDER granting Croc's 34 Motion to Reopen Case. The case is reopened for the limited purpose of entering a Consent Judgment against Acme EXIM, Inc. Signed by Judge Phillip S. Figa on 06/07/06. (rlp, )
April 11, 2006 Opinion or Order Filing 5 ORDER setting Scheduling Conference for 5/30/2006 10:00 AM in Courtroom A 602 before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 04/11/06. (rlp, )
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