Otter Products, LLC et al v. Wang
Plaintiff: Otter Products, LLC and Treefrog Developments Inc.
Defendant: Eddy Wang
Case Number: 1:2018cv03198
Filed: December 13, 2018
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: S Kato Crews
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2019 Filing 36 RESPONSE to #33 MOTION to Set Aside FIRST CORRECTED MOTION TO SET ASIDE DEFAULT JUDGMENT AND PERMANENT INJUNCTION filed by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Attachments: #1 Exhibit Declaration of Tyler B. Pensyl, #2 Exhibit Exhibit A - Otterbox Global Product Warranty, #3 Exhibit Exhibit B- 2018-10-05 C&D Letter, #4 Exhibit Exhibit C- 2018-11-27 C&D Letter, #5 Exhibit Exhibit D- Preservation Letter to Eddy Wang, #6 Exhibit Exhibit E - 2019-01-31 Email, #7 Exhibit Exhibit F- 2019-01-31 Letter to Eddy Wang, #8 Exhibit Exhibit G- Letter to Eddy Wang Enclosing Motion for Default Judgment, #9 Exhibit Exhibit H- Filing for E&E Global Inc.)(Miner, Arryn)
April 22, 2019 Filing 35 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #34 Affidavit filed by attorney Ray Khem Shahani. Attorney 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 - the document is also missing the attorney contact information (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. The signature page of the document document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil Cases).(Text Only Entry) (athom, )
April 22, 2019 Filing 34 AFFIDAVIT SECOND CORRECTED DECLARATION OF RAY K. SHAHANI by Defendant Eddy Wang. (Shahani, Ray)
April 22, 2019 Filing 33 MOTION to Set Aside FIRST CORRECTED MOTION TO SET ASIDE DEFAULT JUDGMENT AND PERMANENT INJUNCTION by Defendant Eddy Wang. (Attachments: #1 Affidavit FIRST CORRECTED DECLARATION OF EDDY WANG, #2 Affidavit FIRST CORRECTED DECLARATION OF RAY K. SHAHANI, #3 Proposed Order (PDF Only) FIRST CORRECTED)(Shahani, Ray)
April 19, 2019 Filing 32 MOTION to Set Aside Default Judgment and Permanent Injunction by Defendant Eddy Wang. (Attachments: #1 Affidavit Declaration of Eddy Wang, #2 Affidavit Declaration of Ray K. Shahani, #3 Proposed Order (PDF Only))(Shahani, Ray)
April 19, 2019 Filing 31 NOTICE of Entry of Appearance by Ray Khem Shahani on behalf of Eddy WangAttorney Ray Khem Shahani added to party Eddy Wang(pty:dft) (Shahani, Ray)
April 1, 2019 Filing 30 Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (athom, )
March 28, 2019 Filing 29 DEFAULT JUDGMENT in favor of Otter Products, LLC, Treefrog Developments Inc. against Eddy Wang pursuant to #28 Order on Motion for Default Judgment. Entered by the Clerk of the Court on 3/28/2019. (cpear) Modified on 3/28/2019 to correct text (cpear).
March 28, 2019 Opinion or Order Filing 28 ORDER granting #24 Motion for Default Judgment. Judgment shall enter accordingly. Entered by Judge Christine M. Arguello on 3/28/2019. (cpear)
March 26, 2019 Opinion or Order Filing 27 ORDER granting #25 Motion to Continue. In light of the entry of default and the pending motion for default judgment, the Court VACATES the Scheduling Conference and further concludes that rescheduling is not necessary at this time. Rather, Plaintiffs shall file a Status Report on or before 6/28/2019 updating the Court on the status of the case. Should the Motion for Default Judgment be denied in any part, Plaintiffs shall contact Judge Crews' chambers (303.335.2124) to arrange for a status conference. By Magistrate Judge S. Kato Crews on 3/26/2019. Text Only Entry (skclc1)
March 26, 2019 Filing 26 MEMORANDUM regarding #25 MOTION to Continue Scheduling Conference filed by Otter Products, LLC, Treefrog Developments Inc. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 3/26/2019. Text Only Entry (cmasec)
March 25, 2019 Filing 25 MOTION to Continue Scheduling Conference by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Attachments: #1 Proposed Order (PDF Only) (Miner, Arryn)
March 14, 2019 Filing 24 MOTION for Default Judgment as to Defendant Eddy Wang by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Attachments: #1 Declaration of Tyler B. Pensyl, #2 Declaration of Jason Wells, #3 Proposed Order (PDF Only), #4 Proposed Judgment)(Pensyl, Tyler)
March 7, 2019 Filing 23 NOTICE of Entry of Appearance by William D. Kloss on behalf of All Plaintiffs Attorney William D. Kloss added to party Otter Products, LLC (pty:pla), Attorney William D. Kloss added to party Treefrog Developments Inc.(pty:pla) (Kloss, William)
February 5, 2019 Opinion or Order Filing 22 ORDER granting #19 Motion to Continue. The Scheduling Conference is RESET for 4/2/2019 at 09:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. By Magistrate Judge S. Kato Crews on 2/5/2019. Text Only Entry (skclc1)
February 5, 2019 Filing 21 MEMORANDUM regarding #19 MOTION to Continue Scheduling Conference filed by Otter Products, LLC, Treefrog Developments Inc. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 2/5/2019. Text Only Entry (cmasec)
February 5, 2019 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 2/5/2019. Text Only Entry (cmasec)
February 5, 2019 Filing 19 MOTION to Continue Scheduling Conference by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Miner, Arryn)
February 1, 2019 Filing 18 CASE REASSIGNED. All parties do not consent. See Clerk's Entry of Default. This case is randomly reassigned to Judge Christine M. Arguello.All future pleadings should be designated as 18-cv-03198-CMA. (Text Only Entry) (jgonz, )
February 1, 2019 Filing 17 Clerk's ENTRY OF DEFAULT as to re #16 MOTION for Entry of Default as to Defendant Eddy Wang, by Clerk. Text Only Entry (jgonz, )
January 31, 2019 Filing 16 MOTION for Entry of Default as to Defendant Eddy Wang by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Attachments: #1 Affidavit)(Pensyl, Tyler)
January 28, 2019 Filing 15 NOTICE of Entry of Appearance by Joshua Aaron Weiss on behalf of Otter Products, LLC, Treefrog Developments Inc.Attorney Joshua Aaron Weiss added to party Otter Products, LLC (pty:pla), Attorney Joshua Aaron Weiss added to party Treefrog Developments Inc.(pty:pla) (Weiss, Joshua)
January 17, 2019 Opinion or Order Filing 14 ORDER SETTING SCHEDULING CONFERENCE AND SETTING DEADLINE FOR FILING CONSENT/NONCONSENT FORM Scheduling Conference set for 2/26/2019 10:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. Consent Form due by 2/19/2019. By Magistrate Judge S. Kato Crews on 1/17/19. (amont, )
January 16, 2019 Filing 13 SUMMONS Returned Executed by All Plaintiffs. Eddy Wang served on 12/26/2018, answer due 1/16/2019. (Miner, Arryn)
December 21, 2018 Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Blue Ocean Enterprises, Inc. for Otter Products, LLC ; Corporate Parent Otterbox Holdings, Inc. for Treefrog Developments Inc.. (Miner, Arryn)
December 19, 2018 Filing 11 SUMMONS issued by Clerk to Eddie Wang. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
December 18, 2018 Filing 10 SUMMONS REQUEST as to Eddy Wang by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Miner, Arryn)
December 18, 2018 Filing 9 Administrative Notice: re: #8 SUMMONS REQUEST. The summons will not be issued due to an incomplete case caption: "el al." cannot substitute the listing of all parties named in the case. (Text Only Entry) (nmarb, )
December 18, 2018 Filing 8 SUMMONS REQUEST as to Eddy Wang by Plaintiffs Otter Products, LLC, Treefrog Developments Inc.. (Miner, Arryn)
December 14, 2018 Filing 7 NOTICE of Entry of Appearance of Tyler B. Pensyl by Tyler Brent Pensyl on behalf of Otter Products, LLC, Treefrog Developments Inc.Attorney Tyler Brent Pensyl added to party Otter Products, LLC (pty:pla), Attorney Tyler Brent Pensyl added to party Treefrog Developments Inc.(pty:pla) (Pensyl, Tyler)
December 14, 2018 Filing 6 NOTICE of Entry of Appearance by Arryn Kahrin Miner on behalf of All Plaintiffs (Miner, Arryn)
December 14, 2018 Filing 5 NOTICE of Entry of Appearance by Arryn Kahrin Miner on behalf of All Plaintiffs Attorney Arryn Kahrin Miner added to party Otter Products, LLC (pty:pla), Attorney Arryn Kahrin Miner added to party Treefrog Developments Inc.(pty:pla) (Miner, Arryn)
December 13, 2018 Filing 4 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rroge, )
December 13, 2018 Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (rroge, )
December 13, 2018 Filing 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (rroge, )
December 13, 2018 Filing 1 COMPLAINT FOR DAMAGES, INJUNCTIVE AND OTHER RELIEF FOR VIOLATIONS OF 15 U.S.C. 1114; 15 U.S.C. 1125(a); 15 U.S.C. 1125(c); AND RELATED CLAIMS; AND JURY DEMAND against John Doe 1, John Doe 10, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, John Doe 9, Eddy Wang (Filing fee $ 400,Receipt Number 1082-6438725)Attorney Martha Louise Fitzgerald added to party Otter Products, LLC (pty:pla), Attorney Martha Louise Fitzgerald added to party Treefrog Developments Inc.(pty:pla), filed by Treefrog Developments Inc., Otter Products, LLC. (Attachments: #1 Civil Cover Sheet)(Fitzgerald, Martha)

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Plaintiff: Otter Products, LLC
Represented By: Martha Louise Fitzgerald
Represented By: Joshua Aaron Weiss
Represented By: Tyler Brent Pensyl
Represented By: Arryn Kahrin Miner
Represented By: William D. Kloss
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Plaintiff: Treefrog Developments Inc.
Represented By: Martha Louise Fitzgerald
Represented By: Joshua Aaron Weiss
Represented By: Tyler Brent Pensyl
Represented By: Arryn Kahrin Miner
Represented By: William D. Kloss
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Defendant: Eddy Wang
Represented By: Ray Khem Shahani
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