General Steel Domestic Sales, LLC v. Chumley et al
Plaintiff: General Steel Domestic Sales, LLC
Defendant: Ethan Daniel Chumley and Atlantic Building Systems, LLC
Case Number: 1:2010cv01398
Filed: June 16, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Philip A. Brimmer
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 27, 2014 Opinion or Order Filing 433 ORDER: The Motion for Award of Attorneys' Fees filed by plaintiff GeneralSteel Domestic Sales, LLC [Docket No. 354 ] is DENIED. The Motion for Leave to Supplement Motion for Award of Attorneys' Fees [Docket No. 355 ] filed by General Stee l is DENIED as moot. Defendants' Motion to Strike Plaintiff's Expert Report or for Alternative Relief [Docket No. 391 ] is DENIED as moot. Defendants' Motion for Award of Attorney's Fees and Costs Pursuant to Fed. R. Civ. P. 54(d)(2) and D.C.Colo.LCivR 54.3 [Docket No. 357 ] is DENIED. By Judge Philip A. Brimmer on 2/27/2014. (klyon, )
December 6, 2013 Opinion or Order Filing 428 ORDER ACCEPTING MAGISTRATE JUDGE'S 426 RECOMMENDATION. Plaintiff's 410 Amended Motion to Hold Defendants in Contempt for Multiple Violations of the Court's Injunction is denied. By Judge Philip A. Brimmer on 12/6/13.(mnfsl, ) Modified on 12/6/2013 to add ruling on motion (mnfsl, ).
August 26, 2013 Opinion or Order Filing 412 MINUTE ORDER. At the hearing held on the 366 Motion to Hold Defendants in Contempt for Multiple Violations of the Court's Injunction on 8/21/2013, the Court gave Plaintiff the option to file an amended motion by 8/23/2013. Plaintiff timely did so. Accordingly, the 366 Motion is denied as moot. By Magistrate Judge Kristen L. Mix on 8/26/13.(mnfsl, )
August 20, 2013 Opinion or Order Filing 408 MINUTE ORDER granting 403 Plaintiff's Motion to Strike Listing of Counsel From Defendants Witness List For August 21, 2013, Hearing. Attorney David Fein is stricken from Defendants Witness List for Hearing on August 21, 2013 on Plaintiff's Motion to Hold Defendants in Contempt for Multiple Violations of the Court's Injunction. Defendants may not call Attorney David Fein as a witness at the hearing on August 21, 2013. By Magistrate Judge Kristen L. Mix on 8/20/13.(mnfsl, )
August 16, 2013 Opinion or Order Filing 406 ORDER. Defendants Motion for Review of Clerks Taxing of Costs 378 filed by defendants Ethan Daniel Chumley and Atlantic Building Systems, LLC, doing business as Armstrong Steel Corporation, is GRANTED in part. Plaintiff General Steel Domestic Sales, LLC, doing business as General Steel Corporation is awarded $12,166.69 in taxable costs. By Judge Philip A. Brimmer on 8/16/2013.(cmacd)
July 12, 2013 Opinion or Order Filing 392 MINUTE ORDER granting 389 Defendants' Partially Unopposed Motion to Vacate and Reschedule Hearing on Motion to Hold Defendants in Contempt for Multiple Violations of the Court's Injunction. Evidentiary Hearing reset for 8/21/2013 at 01 :30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix. The parties shall provide to each other and to the Court a list of exhibits each expects to submit and of witnesses each expects to call by filing such lists on the docket no later than 8/14/2013. By Magistrate Judge Kristen L. Mix on 7/12/13.(mnfsl, )
June 12, 2013 Opinion or Order Filing 374 ORDER. Defendants' 351 Motion to Stay Execution and Enforcement of Money Judgment Pending Determination of Fed.R.Civ.P. 59 Motion is granted, but the stay shall not take effect until Armstrong posts an additional bond of $13,840.54. Defendants' 352 Motion for Approval of Cash Bond as Security for Stay Pursuant to Fed.R.Civ.P. 62(b) is granted as conditioned above by the posting of an additional bond for $13,840.54. By Judge Philip A. Brimmer on 6/12/13.(mnfsl, )
May 7, 2013 Opinion or Order Filing 347 FINAL JUDGMENT by Clerk, re: 346 Order. By Clerk on 5/7/13. (mnfsl, )
April 26, 2013 Opinion or Order Filing 345 ORDER denying 344 Motion to Consolidate Related Cases. By Judge Philip A. Brimmer on 4/26/13.(mnfsl, )
July 11, 2012 Opinion or Order Filing 331 ORDER REGARDING THE PARTIES' OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY OF DAVID NARDOZZI. By Judge Philip A. Brimmer on 7/11/12. (mnfsl, )
July 6, 2012 Opinion or Order Filing 325 ORDER denying 266 Plaintiff's Motion for Sanctions Due to Defendants' Witness Tampering. By Magistrate Judge Kristen L. Mix on 7/9/12.(mnfsl, )
July 5, 2012 Opinion or Order Filing 321 ORDER. Plaintiff's [Oral] Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse is denied in part and denied as moot in part. By Magistrate Judge Kristen L. Mix on 7/5/12. (mnfsl, )
July 3, 2012 Opinion or Order Filing 318 ORDER. Defendants' motion in limine 298 is granted. General Steel may not rely upon evidence regarding "uniform sales practices" to support its false advertising claim. Plaintiff's renewed motion in limine 306 is GRANTED. Armstrong may not present evidence of "unclean hands" in defense of General Steel's request for disgorgement of profits pursuant to its trademark and false advertising claim. By Judge Philip A. Brimmer on 7/3/12.(pabsec)
June 29, 2012 Opinion or Order Filing 311 ORDER denying 268 Motion for Reconsideration. Joint Stipulation re Trial to Court due 7/2/12, 5:00 PM. Proposed Findings of Fact and Conclusions of Law due 7/5/12, 12:00 PM. By Judge Philip A. Brimmer on 6/29/12.(cmacd )
June 18, 2012 Opinion or Order Filing 295 MINUTE ORDER denying as moot Plaintiff's 284 Motion to Strike. By Magistrate Judge Kristen L. Mix on 6/18/12.(mnfsl, )
June 15, 2012 Opinion or Order Filing 293 MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Trial Preparation Conference held on 6/15/2012. Order granting 271 Motion to Amend/Correct/Modify. (Court Reporter: Janet Coppock) (pabcd)
May 18, 2012 Opinion or Order Filing 265 ORDER. The Court's April 26, 2012 233 order for plaintiff to show cause is discharged. Plaintiff's 250 Motion to Reconsider is denied. By Judge Philip A. Brimmer on 5/18/12.(mnfsl, )
May 4, 2012 Opinion or Order Filing 242 ORDER denying as moot 108 Plaintiff's Motion to Preclude Presentment and Consideration of Evidence and Witnesses Disclosed on October 4, 2011 at Trial, at Hearings or on Motions. By Magistrate Judge Kristen L. Mix on 5/4/12.(mnfsl, )
April 26, 2012 Opinion or Order Filing 236 ORDER granting 93 Plaintiff's Motion for Summary Judgment related to defendants' remaining counterclaims. Defendants' remaining counterclaims are dismissed. By Judge Philip A. Brimmer on 4/26/12.(mnfsl, )
April 20, 2012 Opinion or Order Filing 209 ORDER. Defendants' 148 Motion to Strike the Affidavits of Charles Oh and Randy Stock and Preclude Presentment and Consideration at Trial, at Hearings or on Motions is granted in part. The affidavits of Mr. Oh and Mr. Stock attached as Exhibi ts 7 [#114-9] and 8 [#114-10] to 114 Plaintiff's Response to the Motion for Summary Judgement are stricken. Pursuant to Fed. R. Civ. P. 37(c), Plaintiff is prohibited from utilizing Mr. Oh or Mr. Stock to provide evidence on any motion, at a hearing, or at trial. All other relief requested in the Motion is denied. By Magistrate Judge Kristen L. Mix on 4/20/12.(mnfsl, )
April 16, 2012 Opinion or Order Filing 192 ORDER denying in part and granting in part 146 Plaintiff's Motion for Leave to Amend Final Pretrial Order. The Motion is granted to the extent that it seeks leave to add Exhibit Nos. 95-98 to its Exhibit List. The Motion is denied with respect to all other relief sought. Plaintiff shall file an Amended Exhibit List in accordance with this Order no later than 4/23/2012. By Magistrate Judge Kristen L. Mix on 4/16/12.(mnfsl, )
April 2, 2012 Opinion or Order Filing 179 MINUTE ORDER. Plaintiff's 165 Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse is denied without prejudice. Plaintiff's 173 Motion for Leave to Exceed the Page Limitation for its Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse is denied as moot. By Magistrate Judge Kristen L. Mix on 4/2/12.(mnfsl, )
March 15, 2012 Opinion or Order Filing 159 MINUTE ORDER. The 156 Motion for Reconsideration is denied. The 157 Motion to Stay is denied as moot. By Magistrate Judge Kristen L. Mix on 3/15/12.(mnfsl, )
January 30, 2012 Opinion or Order Filing 144 MINUTE ORDER denying without prejudice 142 Plaintiff's Motion to for Leave to Conduct Depositions. By Magistrate Judge Kristen L. Mix on 1/30/12.(mnfsl, )
November 29, 2011 Opinion or Order Filing 121 ORDER denying 68 Motion to Dismiss Colorado Consumer Protection Act Claim Pursuant to Fed. R. Civ. P. 12(b)(6), by Judge Philip A. Brimmer on 11/29/2011.(jjpsl, )
November 17, 2011 Opinion or Order Filing 120 ORDER SETTING CASE FOR TRIAL. Five-day Jury Trial set for 5/14/2012 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 4/27/2012 at 02:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 11/17/11. (mnfsl, )
October 20, 2011 Opinion or Order Filing 101 ORDER. Defendants' 96 Motion to Strike Plaintiff's Motions for Summary Judgment is denied. General Steel's 98 Motion for Leave to Exceed the Page Limitation for its Summary Judgment Briefs and Reply Briefs is granted. By Judge Philip A. Brimmer on 10/20/11.(mnfsl, )
August 5, 2011 Opinion or Order Filing 82 ORDER re: 81 Stipulation for Partial Dismissal. Plaintiff's sixth claim for relief for unjust enrichment, eighth claim for relief for accounting, and remedy for a constructive trust set forth in section G of plaintiff's prayer for relief are dismissed. By Judge Philip A. Brimmer on 8/5/11. (mnfsl, )
June 23, 2011 Opinion or Order Filing 78 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Kristen L. Mix: Telephonic Discovery Hearing held on 6/23/2011, granting in part and denying in part Plaintiff's oral Motion to Compel supplementation of Defendants' responses to Interrogatories and Requests for Production of Documents, and denying 75 Defendants' Motion to Stay. (FTR: C. Coomes -- Courtroom C-204) (mehcd)
June 22, 2011 Opinion or Order Filing 74 ORDER denying Defendants' 71 Motion to Reconsider Order Denying Defendants' Oral Motion to Compel Production of Plaintiff's Audio Files, by Magistrate Judge Kristen L. Mix on 6/22/11.(lsw, )
June 15, 2011 Opinion or Order Filing 69 ORDER. Defendants' Oral Motion to Compel Production of Plaintiff's Audio Files is denied. By Magistrate Judge Kristen L. Mix on 6/15/11. (Attachments: # 1 Exhibit 1, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12)(mnfsl, )
June 10, 2011 Opinion or Order Filing 67 ORDER granting in part and denying in part 24 Plaintiff's Motion Under Federal Rule of Civil Procedure 12 to Dismiss, to Strike, and for a More Definite Statement. Armstrong's first counterclaim for commercial disparagement, second counte rclaim for deceptive trade practices, and fourth counterclaim for civil conspiracy are dismissed without prejudice. Armstrong's request for punitive damages in its prayer for relief, see Docket No. 23 at 27, is stricken. By Judge Philip A. Brimmer on 6/10/11.(mnf, )
April 25, 2011 Opinion or Order Filing 64 ORDER denying 62 Plaintiff's Motion to Reconsider Order Granting Defendants' Second Motion to Amend the Scheduling Order. By Magistrate Judge Kristen L. Mix on 4/25/11.(mnf, )
April 18, 2011 Opinion or Order Filing 60 MINUTE ORDER. Defendants' 57 Second Motion to Amend the Scheduling Order is granted. The 26 Scheduling Order is amended to reflect the following new deadlines: Deadline for expert witness designation: 7/15/2011; Deadline for service of writt en discovery requests: 8/1/2011; Deadline for designation of rebuttal expert witnesses: 8/15/2011; Deadline for completion of discovery: 9/1/2011; Deadline for filing dispositive motions: 10/3/2011. Plaintiff's 58 Motion for Extension of Time to Designate Expert Witness Regarding Damages is denied as moot. Final Pretrial Conference reset for 11/17/2011 at 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 11/11/2011. By Magistrate Judge Kristen L. Mix on 4/18/11.(mnf, )
January 3, 2011 Opinion or Order Filing 45 MINUTE ORDER granting 41 Defendants' Motion to Amend the Scheduling Order. Designation of expert witnesses due by 4/15/2011. Service of interrogatories and requests for production of documents and admissions due by 5/2/2011. Designation of rebuttal experts due by 5/16/2011. Discovery due by 6/1/2011. Dismissal Paper due by 7/1/2011, by Magistrate Judge Kristen L. Mix on 1/3/11.(mnf, )
November 22, 2010 Opinion or Order Filing 30 STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 11/22/2010. (klmcd )
September 15, 2010 Opinion or Order Filing 22 MINUTE ORDER denying as moot 17 Defendants' Motion to Dismiss, by Judge Philip A. Brimmer on 9/15/10.(ebs, )
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Plaintiff: General Steel Domestic Sales, LLC
Represented By: David Samuel Fein
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Defendant: Ethan Daniel Chumley
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Defendant: Atlantic Building Systems, LLC
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