Poliquin et al v. Strength Sensei Legacy, Inc et al
Plaintiff: Krystal Poliquin, Strength Sensei, Inc and Strength Sensei, INC,
Defendant: Strength Sensei Legacy, Inc, Scott Macon, Karin Macon-Luetzer, Knockout Services, Inc and Carlos Castro Torres
Case Number: 1:2019cv03148
Filed: November 5, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: Kathleen M Tafoya
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2019 Opinion or Order Filing 34 AMENDED ORDER Setting Scheduling Conference for 2/25/2020 09:45 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 12/30/2019. (ksena)
December 30, 2019 Opinion or Order Filing 33 MINUTE ORDER granting #31 Motion to Reschedule Scheduling Conference. The court finds good cause to continue the scheduling conference beyond the confines of Fed. R. Civ. P 16(b)(2). The scheduling conference will be reset by separate order. By Magistrate Judge Kathleen M. Tafoya on 12/30/19. Text Only Entry(kmtlc1 )
December 23, 2019 Opinion or Order Filing 32 MEMORANDUM regarding #31 Joint Motion to Reschedule Scheduling Conference. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 12/23/2019. Text Only Entry (cmalc3)
December 22, 2019 Opinion or Order Filing 31 Joint MOTION to Reset Scheduling Conference by Defendants Knockout Services, INC, Scott Macon, Karin Macon-Luetzer, Strength Sensei Legacy, INC, Carlos Castro Torres. (Neusch, Erik)
December 9, 2019 Opinion or Order Filing 30 ORDER SETTING Hearing on Motions. Pursuant to correspondence between counsel and Chambers, it is ORDERED that a Hearing regarding Plaintiffs' Motions for Preliminary Injunction (Doc. # 3) and Temporary Restraining Order (Doc. # 2) is SET for 2/21/2020, at 9:00 AM, in Courtroom A 602 before Judge Christine M. Arguello. The Court estimates no more than six (6) hours for the completion of this proceeding. SO ORDERED by Judge Christine M. Arguello on 12/9/2019. Text Only Entry (cmalc3)
December 4, 2019 Opinion or Order Filing 29 ORDER granting #28 Joint Motion to Continue December 13, 2019 Hearing. Having reviewed the Motion, and for good cause shown, it is ORDERED that the Preliminary Injunction Hearing SET for 12/13/2019, is VACATED. It is FURTHER ORDERED that counsel for both parties are directed to jointly contact Chambers at Arguello_Chambers@cod.uscourts.gov. to reschedule the hearing. SO ORDERED by Judge Christine M. Arguello on 12/4/2019. Text Only Entry (cmalc3)
December 4, 2019 Opinion or Order Filing 28 Second MOTION to Continue by Plaintiffs Krystal Poliquin, Strength Sensei, INC,. (Attachments: #1 Proposed Order (PDF Only))(Sheely, Kathryn)
December 3, 2019 Opinion or Order Filing 27 RESPONSE to #3 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order filed by Defendants Knockout Services, INC, Scott Macon, Karin Macon-Luetzer, Strength Sensei Legacy, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Neusch, Erik)
November 26, 2019 Opinion or Order Filing 26 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #16 First MOTION to Continue Temporary Restraining Order filed by attorney Kathryn Sheely. 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. (Text Only Entry) (evana, )
November 26, 2019 Opinion or Order Filing 25 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #15 Notice (Other) filed by attorneyKathryn Sheely. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, )
November 26, 2019 Opinion or Order Filing 24 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #14 Notice of Entry of Appearance filed by attorneyReid Elkus. 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. (Text Only Entry) (evana, )
November 25, 2019 Opinion or Order Filing 23 ORDER granting #22 Unopposed Motion for Extension of Time of 7 Days to Respond to Motions for Temporary Restraining Order and Preliminary Injunction. Having reviewed the Motion, and for good cause shown, it is ORDERED that, on or before 12/3/2019, Defendants shall file their Response to Motions for Temporary Restraining Order and Preliminary Injunction (Doc. # 2 and Doc. # 3). SO ORDERED by Judge Christine M. Arguello on 11/25/2019. Text Only Entry (cmalc3)
November 25, 2019 Opinion or Order Filing 22 First MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order by Defendants Knockout Services, INC, Scott Macon, Karin Macon-Luetzer, Strength Sensei Legacy, INC. (Attachments: #1 Proposed Order (PDF Only))(Neusch, Erik)
November 22, 2019 Opinion or Order Filing 21 ORDER regarding Motions Hearing. Based on the circumstances of this case and for the purpose of judicial efficiency, the Court clarifies its previous Order (Doc. # 17) and notifies both parties that the hearing set for 12/13/2019, will address both Plaintiffs' Motion for Temporary Restraining Order (Doc. # 2) and Motion for Preliminary Injunction (Doc. # 3). SO ORDERED by Judge Christine M. Arguello on 11/22/2019. Text Only Entry (cmalc3)
November 18, 2019 Opinion or Order Filing 20 NOTICE of Entry of Appearance by Erik R. Neusch on behalf of Strength Sensei Legacy, INCAttorney Erik R. Neusch added to party Strength Sensei Legacy, INC(pty:dft) (Neusch, Erik)
November 18, 2019 Opinion or Order Filing 19 NOTICE of Entry of Appearance by Erik R. Neusch on behalf of Knockout Services, INC, Scott Macon, Karin Macon-LuetzerAttorney Erik R. Neusch added to party Knockout Services, INC(pty:dft), Attorney Erik R. Neusch added to party Scott Macon(pty:dft), Attorney Erik R. Neusch added to party Karin Macon-Luetzer(pty:dft) (Neusch, Erik)
November 14, 2019 Opinion or Order Filing 18 ORDER regarding the Court's November 6, 2019 Order (Doc. # 12). In light of the Court's Order granting Plaintiffs' Motion to Continue (Doc. # 17), it is ORDERED that Defendant shall file their Response on or before 11/26/2019. SO ORDERED by Judge Christine M. Arguello on 11/14/2019. Text Only Entry (cmalc3)
November 14, 2019 Opinion or Order Filing 17 ORDER granting #16 Unopposed Motion to Continue 11/21/2019 Hearing for Two Weeks. Based on the Court's review of the Motion, it is ORDERED that the Hearing regarding Plaintiffs' Motions for Preliminary Injunction and Temporary Restraining Order set for 11/21/2019, at 9:00 AM, is VACATED and RESET for 12/13/2019, at 9:00 AM in Courtroom A 602 before Judge Christine M. Arguello. The parties are DIRECTED to review the Court's Civil Practice Standards and ensure compliance with such standards and the deadlines set forth therein, including those related to hearings. SO ORDERED by Judge Christine M. Arguello on 11/14/2019. Text Only Entry (cmalc3)
November 13, 2019 Opinion or Order Filing 16 First MOTION to Continue Temporary Restraining Order by Plaintiffs Krystal Poliquin, Strength Sensei, INC,. (Attachments: #1 Proposed Order (PDF Only))(Sheely, Kathryn)
November 11, 2019 Opinion or Order Filing 15 NOTICE of Service by Plaintiffs Krystal Poliquin, Strength Sensei, INC, (Attachments: #1 Exhibit A)(Elkus, Reid)
November 8, 2019 Opinion or Order Filing 14 NOTICE of Entry of Appearance by Reid Jason Elkus on behalf of All Plaintiffs Attorney Reid Jason Elkus added to party Krystal Poliquin(pty:pla), Attorney Reid Jason Elkus added to party Strength Sensei, INC,(pty:pla) (Elkus, Reid)
November 7, 2019 Opinion or Order Filing 13 ORDER Setting Scheduling Conference for 1/6/2020 11:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 11/7/2019. (ksena)
November 6, 2019 Opinion or Order Filing 12 ORDER regarding #2 Plaintiffs' Emergency Motion for Temporary Restraining Order. The Court will hear Plaintiffs' Motion for TRO only after notice has been properly provided to Defendants. The Court hereby sets a hearing theron for 11/21/2019, at 9:00 AM, in Courtroom A602, before Judge Christine M. Arguello. Plaintiffs must personally serve Defendants with notice of the Complaint, this Motion, request for injunctive relief, and a copy of this Order NO LATER THAN 5:00 PM ON MONDAY, 11/11/2019, and provide this Court with confirmation of service. Failure to serve these documents will result in said hearing being vacated. Defendant shall file their Response on or before 11/17/2019. SO ORDERED by Judge Christine M. Arguello on 11/6/2019. Text Only Entry (cmalc3)
November 6, 2019 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Kathleen M. Tafoya 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. It is FURTHER ORDERED that unless service has otherwise been completed or arranged, Plaintiffs' counsel OR Plaintiffs are directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than (90 days) in order for the initial scheduling conference to be held promptly. 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 11/6/2019. Text Only Entry (cmalc3)
November 6, 2019 Opinion or Order Filing 10 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (alave, )
November 6, 2019 Opinion or Order Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, )
November 6, 2019 Opinion or Order Filing 8 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 19-cv-03148-CMA. (Text Only Entry) (alave, )
November 6, 2019 Opinion or Order Filing 7 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. (alave, ) Modified on 11/6/2019 to include no summons issued text (alave, ).
November 6, 2019 Opinion or Order Filing 6 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, )
November 6, 2019 Opinion or Order Filing 5 Filing fee: $ 400.00, receipt number COX092688 (cmadr, )
November 6, 2019 Opinion or Order Filing 4 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry). (alave, ) Modified on 11/6/2019 to correct file date (alave, ).
November 5, 2019 Opinion or Order Filing 3 MOTION for Preliminary Injunction by Plaintiffs Krystal Poliquin, Strength Sensei, Inc. (Attachments: #1 Proposed Order (PDF Only), #2 Memorandum in support of Temporary Restraining Order and Preliminary Injunction, #3 Exhibit A, #4 Affidavit Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Sheely, Kathryn)
November 5, 2019 Opinion or Order Filing 2 MOTION for Temporary Restraining Order by Plaintiffs Krystal Poliquin, Strength Sensei, Inc. (Attachments: #1 Memorandum in support of Temporary Restraining Order and Preliminary Injunction, #2 Affidavit Exhibit B, #3 Proposed Order (PDF Only), #4 Exhibit A, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Sheely, Kathryn)
November 5, 2019 Opinion or Order Filing 1 COMPLAINT for injunctive and other relief against All Defendants (Filing fee $ 400).Attorney Kathryn Elizabeth Sheely added to party Krystal Poliquin(pty:pla), Attorney Kathryn Elizabeth Sheely added to party Strength Sensei, Inc(pty:pla), filed by Strength Sensei, Inc, Krystal Poliquin. (Attachments: #1 Civil Cover Sheet)(Sheely, Kathryn)

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Defendant: Strength Sensei Legacy, Inc
Represented By: Erik R. Neusch
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Defendant: Scott Macon
Represented By: Erik R. Neusch
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Defendant: Karin Macon-Luetzer
Represented By: Erik R. Neusch
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Defendant: Knockout Services, Inc
Represented By: Erik R. Neusch
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Defendant: Carlos Castro Torres
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Plaintiff: Krystal Poliquin
Represented By: Kathryn Elizabeth Sheely
Represented By: Reid Jason Elkus
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Plaintiff: Strength Sensei, Inc
Represented By: Kathryn Elizabeth Sheely
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Plaintiff: Strength Sensei, INC,
Represented By: Reid Jason Elkus
Represented By: Kathryn Elizabeth Sheely
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