Quinton Holdings LLC v. Axys Golf LLC et al
| Quinton Holdings LLC |
| Eric Kaplan, Axys Golf LLC, Motion Memory Golf, LLC, Alison Thietje, Mind2Motion Golf, LLC and Mind-2-Motion, LLC |
| 1:2020cv01195 |
| April 29, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Lewis T Babcock |
| Michael E Hegarty |
| Other Statutory Actions |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 BRIEF in Opposition to #28 MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings, #37 Second MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Defendants Axys Golf LLC, Eric Kaplan. (Juarez, Carolyn) |
Filing 43
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 26 June 2020. Before the Court are Plaintiff's First and Second Motions for Expedited Discovery in Aid of Preliminary Injunction Proceedings #28 and #37 . Counsel for the parties are directed to appear before the Court for oral argument regarding the above matters on Wednesday, July 1, 2020, at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouselocated at 901 19th Street, Denver, Colorado. (cmadr, ) Modified to correct entry on 6/26/2020 (cmadr, ).
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| Filing 42 MEMORANDUM regarding #28 MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Quinton Holdings LLC, #37 Second MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Quinton Holdings LLC. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 6/26/2020. Text Only Entry (cmasec) |
| Filing 41 Conventionally Submitted Material : EXHIBIT E Video to #40 Brief in Opposition to #13 Motion, by Defendants Axys Golf LLC, (1 Thumb Drive filed in the Clerk's Office) Eric Kaplan. Text Only Entry (evana, ) |
| Filing 40 BRIEF in Opposition to #13 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction and Regarding Charles Quinton Online Activities filed by Defendants Axys Golf LLC, Eric Kaplan. (Attachments: #1 Affidavit Declaration of Eric Kaplan, #2 Exhibit A to Kaplan Decl., #3 Exhibit B to Kaplan Decl., #4 Exhibit C to Kaplan Decl., #5 Exhibit D to Kaplan Decl., #6 Exhibit E to Kaplan Decl., #7 Exhibit F to Kaplan Decl., #8 Exhibit G to Kaplan Decl., #9 Exhibit H to Kaplan Decl., #10 Exhibit I to Kaplan Decl., #11 Exhibit J to Kaplan Decl., #12 Affidavit Declaration of Eleanor M. Lackman, #13 Exhibit A to Lackman Decl., #14 Exhibit B to Lackman Decl.)(Juarez, Carolyn) |
| Filing 39 CERTIFICATE of Mailing/Service re #6 Minute Order re Scheduling Conference by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 38 CERTIFICATE of Mailing/Service re #34 Order on Motion to Continue Scheduling Conference by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 37 Second MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings by Plaintiff Quinton Holdings LLC. (Attachments: #1 Proposed Order (PDF Only) , #2 Affidavit Declaration of Daniel Carmeli in Support of Plaintiffs Second Motion for Expedited Discovery in Aid of Preliminary Injunction Proceedings, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Carmeli, Daniel) |
| Filing 36 NOTICE of Entry of Appearance by Melissa Ann Bozeman on behalf of Quinton Holdings LLCAttorney Melissa Ann Bozeman added to party Quinton Holdings LLC(pty:pla) (Bozeman, Melissa) |
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Filing 35
ORDER re: #28 MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings. Defendants shall file their Responses on or before 6/26/2020. SO ORDERED by Judge Christine M. Arguello on 6/23/2020. Text Only Entry (cmasec)
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Filing 34
MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 6/23/2020. Proposed Scheduling Order due 8/18/2020. Scheduling Conference set for 8/25/2020 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty.(apesa, )
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| Filing 33 MEMORANDUM regarding #31 MOTION to Continue the Scheduling Conference filed by Quinton Holdings LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 6/23/2020. Text Only Entry (cmasec) |
| Filing 32 Exhibits in Support of #31 MOTION to Continue the Scheduling Conference (Proposed Order) by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 31 MOTION to Continue the Scheduling Conference by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
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Filing 30
ORDER: Pursuant to email correspondence between counsel and Chambers staff, a TRO/PI Hearing is set for 7/30/2020, at 09:00 AM in Courtroom A 602 and will be held VIA VIDEO TELECONFERENCE before Judge Christine M. Arguello. Counsel are directed to contact my Courtroom Deputy via email (socorro_west@cod.uscourts.gov) on or before 7/27/2020 for instructions on how to proceed with the VTC. The Court has set aside three hours for this hearing. SO ORDERED by Judge Christine M. Arguello on 6/22/2020. Text Only Entry (cmasec)
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| Filing 29 NOTICE of Entry of Appearance by Eleanor Martine Lackman on behalf of Axys Golf LLC, Eric KaplanAttorney Eleanor Martine Lackman added to party Axys Golf LLC(pty:dft), Attorney Eleanor Martine Lackman added to party Eric Kaplan(pty:dft) (Lackman, Eleanor) |
| Filing 28 MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings by Plaintiff Quinton Holdings LLC. (Attachments: #1 Affidavit Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order (PDF Only) (Carmeli, Daniel) |
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Filing 27
ORDER: Pursuant to the 25 Court's Order Vacating the Motion Hearing set for 6/15/2020 to be reset to a date in July, the deadline for submitting electronic exhibits and exhibit/witness lists, as outlined in this 22 Court's Order dated 6/8/2020, is continued to 6/29/2020. SO ORDERED by Judge Christine M. Arguello on 6/10/2020. Text Only Entry (cmasec)
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Filing 26
ORDER Granting #24 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Axys Golf LLC and Eric Kaplan's Answer/Response to #10 Plaintiff's First Amended Complaint due on or before 7/9/2020. SO ORDERED by Judge Christine M. Arguello on 6/10/2020. Text Only Entry(cmasec)
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Filing 25
ORDER: Granting in part #23 Plaintiff's Unopposed Motion to Reschedule Hearing on Motion for Temporary Restraining Order and Preliminary Injunction. The Court notes that Plaintiff requested a TRO due to the alleged urgency of this matter. However, Plaintiff's Motion indicates that there is, in fact, no urgency. As such, the Motion is GRANTED IN PART as follows: The Motion Hearing set for 6/15/2020, is hereby VACATED. The matter will be reset to a date in July. Counsel are to jointly email Chambers at Arguello_Chambers@cod.uscourts.gov to arrange a time and date for the hearing.The Court has scheduled this matter for a Preliminary Injunction hearing and will wait to hear the evidence before deciding whether the Motion should be granted or denied. However, because the conduct of both sides, as alleged in the filings thus far, is egregious and unprofessional, there may be cause for enjoining both sides from engaging in online mudslinging for the pendency of this action. As such, Defendants are DIRECTED to file briefing, not to exceed 15 pages, by 6/24/2020, addressing whether the preliminary injunction should also encompass Plaintiff's conduct. Such briefing should address all preliminary injunction factors, including what irreparable harm Defendants will suffer if the Court does not enjoin Plaintiff. Plaintiff shall file its response, not to exceed 10 pages, by 6/29/2020. SO ORDERED by Judge Christine M. Arguello on 6/10/2020. Text Only Entry(cmasec)
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| Filing 24 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #10 Amended Complaint, by Defendants Axys Golf LLC, Eric Kaplan. (Attachments: #1 Proposed Order (PDF Only))(Juarez, Carolyn) |
| Filing 23 Unopposed MOTION to Reset /Reschedule Hearing on Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Quinton Holdings LLC. (Attachments: #1 Proposed Order (PDF Only) )(Carmeli, Daniel) |
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Filing 22
ORDER re Temporary Restraining Order and Preliminary Injunction Hearing: It is ORDERED that the parties shall exchange with each other, and submit to the Court by email at Arguello_Chambers@cod.uscourts.gov, a copy of their exhibit lists, witness lists, and an electronic file of each exhibit before 5:00 PM on 6/10/2020. The parties need not submit physical exhibit binders pursuant to CMA Civ. Practice Standard 43.1B because the hearing will be held via video teleconference. To avoid unnecessary delay or technological difficulties, the parties are DIRECTED to provide their respective witnesses with any relevant exhibits well in advance of the hearing. SO ORDERED by Judge Christine M. Arguello on 6/8/2020. Text Only Entry (cmasec)
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Filing 21
ORDER re #13 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction: A Motion Hearing is set for 6/15/2020, at 9:00 AM and will be held VIA VIDEO TELECONFERENCE before Judge Christine M. Arguello. Counsel are directed to contact my Courtroom Deputy via email (socorro_west@cod.uscourts.gov) on or before 6/8/2020 for instructions on how to proceed with the VTC. The Court has set aside three (3) hours for this Hearing. SO ORDERED by Judge Christine M. Arguello on 6/8/2020. Text Only Entry (cmasec)
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| Filing 20 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (evana, ) |
| Filing 19 RESPONSE to #13 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Defendants Axys Golf LLC, Eric Kaplan. (Attachments: #1 Declaration of Eleanor M. Lackman, #2 Exhibit A)(Juarez, Carolyn) |
| Filing 18 NOTICE of Entry of Appearance by Carolyn Valerie Juarez on behalf of Axys Golf LLC, Eric KaplanAttorney Carolyn Valerie Juarez added to party Axys Golf LLC(pty:dft), Attorney Carolyn Valerie Juarez added to party Eric Kaplan(pty:dft) (Juarez, Carolyn) |
| Filing 17 SUMMONS REQUEST as to Alison Thietje re #10 Amended Complaint, by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 16 SUMMONS REQUEST as to Motion Memory Golf, LLC re #10 Amended Complaint, by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 15 SUMMONS REQUEST as to Mind2Motion Golf, LLC re #10 Amended Complaint, by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 14 SUMMONS REQUEST as to Mind-2-Motion, LLC re #10 Amended Complaint, by Plaintiff Quinton Holdings LLC. (Carmeli, Daniel) |
| Filing 13 MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Plaintiff Quinton Holdings LLC. (Attachments: #1 Exhibit 1 - Declaration of Charles J. Quinton, #2 Exhibit 2 - Screencaptures of www.RotaryTruth.com, #3 Exhibit 3 - Screencaptures of AxysGolf Facebook page, #4 Proposed Order (PDF Only) Proposed Order)(Carmeli, Daniel) |
| Filing 12 NOTICE of Filing Amended Pleading re #10 Amended Complaint, and Jury Demand by Plaintiff Quinton Holdings LLC (Attachments: #1 Exhibit Redlined Amended Complaint)(Carmeli, Daniel) |
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Filing 11
MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 5/26/2020. Before the Court is an Amended Complaint filed by Plaintiff as a matter of course pursuantto Fed. R. Civ. P. 15(a)(1) on May 26, 2020 (ECF #10 ). Pursuant to D.C. Colo. LCivR 15.1(a), [a] party... shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through... the text to be deleted and underlines...the text to be added. Plaintiff has failed to comply. Accordingly, on or before May 29. 2020, the Plaintiff shall comply with Local Rule 15.1(a); if Plaintiff fails to do so, the Court will strike the amended pleading. (apesa, )
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| Filing 10 AMENDED COMPLAINT and Jury Demand against Axys Golf LLC, Eric Kaplan, Mind-2-Motion, LLC, Mind2Motion Golf, LLC, Motion Memory Golf, LLC, Alison Thietje, filed by Quinton Holdings LLC. (Attachments: #1 Exhibit A, #2 Summons to Mind-2-Motion, LLC, #3 Summons to Mind2Motion Golf, LLC, #4 Summons to Motion Memory Golf, LLC, #5 Summons to Alison Thietje)(Carmeli, Daniel) |
| Filing 9 NOTICE of Entry of Appearance by Oliver David Griffin on behalf of Quinton Holdings LLCAttorney Oliver David Griffin added to party Quinton Holdings LLC(pty:pla) (Griffin, Oliver) |
| Filing 8 SUMMONS Returned Executed by Quinton Holdings LLC. Axys Golf LLC served on 5/6/2020, answer due 5/27/2020. (Carmeli, Daniel) |
| Filing 7 SUMMONS Returned Executed by Quinton Holdings LLC. Eric Kaplan served on 5/6/2020, answer due 5/27/2020. (Carmeli, Daniel) |
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Filing 6
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 5/1/2020. Scheduling Conference set for 7/13/2020 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty 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. 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 5/1/2020. Text Only Entry (cmalc1)
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| Filing 4 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Christine M. Arguello for all further proceedings. All future pleadings should be designated as 20-cv-1195-CMA (angar, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (trvo, ) |
| Filing 2 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (trvo, ) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 400,Receipt Number 1082-7273420)Attorney Daniel Carmeli added to party Quinton Holdings LLC(pty:pla), filed by Quinton Holdings LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons to Axys Golf LLC, #3 Summons Summons to Eric Kaplan)(Carmeli, Daniel) |
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