Capture Eleven LLC v. Otter Products, LLC et al
Plaintiff: Capture Eleven LLC
Defendant: Otter Products, LLC and Treefrog Developments, Inc. a Delaware corporation doing business as LifeProof
Case Number: 1:2020cv02551
Filed: August 24, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Kristen L Mix
Referring Judge: Raymond P Moore
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2020 Opinion or Order Filing 22 NOTICE of Entry of Appearance by Erica H. Dressler on behalf of Capture Eleven LLCAttorney Erica H. Dressler added to party Capture Eleven LLC(pty:pla) (Dressler, Erica)
October 12, 2020 Opinion or Order Filing 21 SUMMONS Returned Executed by Capture Eleven LLC. Otter Products, LLC served on 9/10/2020, answer due 10/1/2020. (Wagner, Benjamin)
October 12, 2020 Opinion or Order Filing 20 SUMMONS Returned Executed by Capture Eleven LLC. Treefrog Developments, Inc. served on 9/9/2020, answer due 9/30/2020. (Wagner, Benjamin)
October 6, 2020 Opinion or Order Filing 19 MOTION for Hearing/Conference re #18 MOTION to Dismiss for Failure to State a Claim by Defendants Otter Products, LLC, Treefrog Developments, Inc.. (Kliebenstein, Heather)
October 6, 2020 Opinion or Order Filing 18 MOTION to Dismiss for Failure to State a Claim by Defendants Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: #1 Affidavit Declaration of Heather Kliebenstein, #2 Exhibit A)(Kliebenstein, Heather)
October 1, 2020 Opinion or Order Filing 17 ORDER Setting Scheduling Conference for 11/4/2020 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due 10/28/2020, by Magistrate Judge Kristen L. Mix on 10/1/2020. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (jgonz, )
October 1, 2020 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 Raymond P. Moore on 10/1/2020. (Text Only Entry) (rmsec )
October 1, 2020 Opinion or Order Filing 15 CASE REASSIGNED Pursuant to Order of Recusal. This case is randomly reassigned to Magistrate Judge Kristen L. Mix in the referral role. All future pleadings should be designated as 20-cv-02551-RM-KLM. (Text Only Entry) (jgonz, )
September 30, 2020 Opinion or Order Filing 14 ORDER OF RECUSAL by Magistrate Judge Scott T. Varholak on 9/30/2020. (jgonz, )
September 30, 2020 Opinion or Order Filing 13 ORDER: Defendants' Motion to Dismiss #9 , filed pursuant to Fed. R. Civ. P. 12(b), is before the Court sua sponte for failure to show compliance with Judge Raymond P. Moore's Civil Practice Standards. Specifically, although the Local Rules do not require conferral, the Judge's Civil Practice Standards require a party to confer before filing a motion to dismiss. See Civil Practice Standard IV.N.(2)(a). The Motion to Dismiss #9 is therefore DENIED WITHOUT PREJUDICE. If, after meaningful conferral, refiling is appropriate, Defendants are granted leave to refile on or before Tuesday, October 6, 2020. Concomitantly, the Court also denies the Motion for Hearing #11 without prejudice. SO ORDERED by Judge Raymond P. Moore on 9/30/2020. (Text Only Entry)(rmsec )
September 30, 2020 Opinion or Order Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Otterbox Holdings, Inc. for Treefrog Developments, Inc. ; Corporate Parent Blue Ocean Enterprises, Inc. for Otter Products, LLC. (Kliebenstein, Heather)
September 30, 2020 Opinion or Order Filing 11 MOTION for Hearing/Conference re #9 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM by Defendants Otter Products, LLC, Treefrog Developments, Inc.. (Kliebenstein, Heather)
September 30, 2020 Opinion or Order Filing 10 DECLARATION of Heather Kliebenstein regarding MOTION to Dismiss FOR FAILURE TO STATE A CLAIM #9 by Defendants Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: #1 Exhibit A)(Kliebenstein, Heather)
September 30, 2020 Opinion or Order Filing 9 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM by Defendants Otter Products, LLC, Treefrog Developments, Inc.. (Kliebenstein, Heather)
August 25, 2020 Opinion or Order Filing 8 ORDER Setting Scheduling Conference for 11/12/2020 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due1 1/5/2020, by Magistrate Judge Scott T. Varholak on 8/25/2020. (jgonz, )
August 25, 2020 Opinion or Order Filing 7 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. By Judge Raymond P. Moore on 8/26/2020. (Text Only Entry) (rmsec )
August 25, 2020 Opinion or Order Filing 6 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 Raymond P. Moore on 8/26/2020. (Text Only Entry) (rmsec)
August 25, 2020 Opinion or Order Filing 5 Report re Copyright: Report on the filing of an action emailed separately to the Director of the Copyright Office. (trvo, )
August 25, 2020 Opinion or Order Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (trvo, )
August 24, 2020 Opinion or Order Filing 3 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (trvo, )
August 24, 2020 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT. (Wagner, Benjamin)
August 24, 2020 Opinion or Order Filing 1 COMPLAINT against Otter Products, LLC, Treefrog Developments, Inc. (Filing fee $ 400,Receipt Number 1082-7452275)Attorney Benjamin Lewis Wagner added to party Capture Eleven LLC(pty:pla), filed by Capture Eleven LLC. (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, #10 Summons (Otter Products LLC), #11 Summons (Treefrog Developments, LLC d/b/a LifeProof), #12 Civil Cover Sheet)(Wagner, Benjamin)

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Defendant: Otter Products, LLC
Represented By: Heather J. Kliebenstein
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Defendant: Treefrog Developments, Inc. a Delaware corporation doing business as LifeProof
Represented By: Heather J. Kliebenstein
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Plaintiff: Capture Eleven LLC
Represented By: Benjamin Lewis Wagner
Represented By: Erica H. Dressler
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