Underwood et al v. Bank of America Corporation
| Erik M Underwood, My24HourNews.com, Inc. and Erik M. Underwood |
| Bank of America Corporation |
| 1:2018cv02329 |
| September 11, 2018 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Michael E Hegarty |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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Filing 28
MINUTE ORDER by Judge Philip A. Brimmer on 11/08/2018, re: #24 defendants Motion for Leave to Serve One Third-Party Subpoena for Limited Document Production is DENIED. (sphil, )
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| Filing 27 STIPULATION Regarding Witnesses and Declarations for the Preliminary Injunction Hearing by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood. (Attachments: #1 Proposed Order (PDF Only))(Bruno, Harold) |
| Filing 26 Witness List / Notice of Filing of Defendant's Witness List by Defendant Bank of America Corporation. (Attachments: #1 Exhibit 1 - Witness List)(Bernstein, David) |
| Filing 25 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #24 MOTION for Leave to Serve One Third-Party Subpoena for Limited Document Production filed by attorney David H. Bernstein. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry). (sphil, ) |
| Filing 24 MOTION for Leave to Serve One Third-Party Subpoena for Limited Document Production by Defendant Bank of America Corporation. (Attachments: #1 Exhibit A - Proposed Subpoena to GoDaddy, #2 Second Declaration of Landon Stewart in Support, #3 Proposed Order)(Bernstein, David) |
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Filing 23
MINUTE ORDER by Judge Philip A. Brimmer on 10/31/2018, re: #19 defendant's Motion for Limited Expedited Discovery is DENIED. (sphil, )
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Philip A. Brimmer on 10/30/18. Text Only Entry (pabsec)
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| Filing 21 NOTICE of Filing-Plaintiffs' Witness List by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood (Attachments: #1 Exhibit 1-Witness List)(Bruno, Harold) |
| Filing 20 ANSWER/REPLY to #14 Answer to Complaint,, Counterclaim, by My24HourNews.com, Inc., Erik M. Underwood.(Bruno, Harold) |
| Filing 19 MOTION to Expedite / Defendant Bank of America Corporation's Motion for Limited Expedited Discovery by Defendant Bank of America Corporation. (Attachments: #1 Exhibit A - Proposed Rule 30(b)(6) Deposition Notice, #2 Exhibit B - Proposed Document Requests, #3 Exhibit C - Proposed GoDaddy Subpoena, #4 Exhibit D - Email Communication with Plaintiffs' Counsel, #5 Proposed Order)(Bernstein, David) |
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Filing 18
MINUTE ORDER by Judge Philip A. Brimmer on 10/24/2018, re: #7 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Erik M. Underwood, My24HourNews.com, Inc. ORDERED that plaintiffs shall file a witness list, using the form found at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonPhilipABrimmer. aspx, indicating the witnesses they intend to call at a preliminary injunction hearing and the length of time of their direct examinations no later than October 31, 2018. ORDERED that defendant shall file its witness list, which shall include estimates of time required for cross-examining plaintiffs witnesses and estimates of time for conducting the direct examination of defendants witnesses, no later than November 6, 2018. ORDERED that counsel shall jointly contact Chambers via conference call (303- 335-2794) no later than November 8, 2018 to schedule a preliminary injunction hearing. (sphil, ) Modified on 10/24/2018 to correct text. (sphil, ).
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| Filing 17 REPLY to Response to #7 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood. (Attachments: #1 Exh-1-Erik Underwood Declaration, #2 Exh-2-Olson Declaration, #3 Exh-3-Irina Declaration, #4 Exh-4-James Clark, #5 Exh-5-Patricia Clark Declaration, #6 Exh-6-Butler Affidavit, #7 Exh-7-Burnett Report)(Bruno, Harold) |
| Filing 16 BRIEF in Opposition to #7 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Defendant Bank of America Corporation. (Attachments: #1 Declaration of David Bernstein, #2 Exhibit A to Bernstein Declaration, #3 Exhibit B to Bernstein Declaration, #4 Exhibit C to Bernstein Declaration, #5 Exhibit D to Bernstein Declaration, #6 Declaration of Randel Springer, #7 Exhibit A to Springer Declaration, #8 Exhibit B to Springer Declaration, #9 Declaration of Deborah Jay, #10 Exhibit A to Jay Declaration, #11 Declaration of Brie Owens, #12 Declaration of Christian Kitchell, #13 Declaration of Kevin Schvaneveldt, #14 Declaration of Landon Stewart, #15 Declaration of Laurin Titus)(Bernstein, David) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Bernstein, David) |
| Filing 14 ANSWER to #1 Complaint,, Attorney David H. Bernstein added to party Bank of America Corporation(pty:dft), COUNTERCLAIM against Bank of America Corporation by Bank of America Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Bernstein, David) |
| Filing 13 NOTICE of Entry of Appearance by Natalie Marie Hanlon-Leh on behalf of Bank of America CorporationAttorney Natalie Marie Hanlon-Leh added to party Bank of America Corporation(pty:dft) (Hanlon-Leh, Natalie) |
| Filing 12 AFFIDAVIT re #1 Complaint,, #5 Summons Request Bank of America by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood. (Bruno, Harold) |
| Filing 11 Setting Deadlines: Bank of America Corporation answer due 10/9/2018 pursuant to #10 AFFIDAVIT of Service filed in this case. Text Only Entry. (sphil, ) |
| Filing 10 AFFIDAVIT of Service-Amy Mclaren-BOA by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood. (Bruno, Harold) |
| Filing 9 SUMMONS issued by Clerk. (evana, ) |
| Filing 8 CASE REASSIGNED pursuant to #6 Memorandum Returning Case. This case is randomly reassigned to Judge Philip A. Brimmer. All future pleadings should be designated as 18-cv-02329-PAB. (Text Only Entry) (rkeec) |
| Filing 7 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood. (Bruno, Harold) |
| Filing 6 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 5 SUMMONS REQUEST as to Bank of America Corporation by Plaintiffs My24HourNews.com, Inc., Erik M. Underwood. (Bruno, Harold) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (rvill, ) |
| Filing 3 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rvill, ) |
| Filing 2 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rvill, ) |
| Filing 1 COMPLAINT against Bank of America Corporation (Filing fee $ 400,Receipt Number 1082-6289885)Attorney Harold R. Bruno, III added to party My24HourNews.com, Inc.(pty:pla), Attorney Harold R. Bruno, III added to party Erik M Underwood(pty:pla), filed by Erik M Underwood, My24HourNews.com, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Bruno, Harold) |
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