New Leaf Data Services, LLC v. PanXchange, Inc.
| New Leaf Data Services, LLC |
| PanXchange, Inc. |
| 1:2020cv02938 |
| September 29, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 NOTICE of Entry of Appearance by Benjamin N. Luehrs on behalf of New Leaf Data Services, LLCAttorney Benjamin N. Luehrs added to party New Leaf Data Services, LLC(pty:pla) (Luehrs, Benjamin) |
| Filing 43 ANSWER/REPLY to #42 Answer to Complaint, Counterclaim by New Leaf Data Services, LLC.(Ball, Stephen) |
| Filing 42 Defendant's ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against New Leaf Data Services, LLC by PanXchange, Inc..(Bruno, Harold) |
| Filing 41 NOTICE - Civil Cover Sheet by Plaintiff New Leaf Data Services, LLC (Ball, Stephen) |
Filing 40
MINUTE ORDER re: #38 Stipulation for Extension of Time to Answer/Respond to Complaint filed by PanXchange, Inc. PanXchange shall have up to and including October 21, 2020 to file its answer or otherwise respond to the Complaint. By Judge R. Brooke Jackson on 10/1/2020. Text Only Entry (rbjsec. )
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Filing 39
ORDER granting #37 MOTION to Withdraw as Attorney MOTION TO SUBSTITUTE COUNSEL FOR PANXCHANGE, INC. AND WITHDRAW PRIOR COUNSEL. By Judge R. Brooke Jackson on 9/30/2020.(rbjsec.)
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| Filing 38 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant PanXchange, Inc.. PanXchange, Inc. answer due 9/30/2020. (Attachments: #1 Proposed Order (PDF Only))(Bruno, Harold) |
| Filing 37 MOTION to Withdraw as Attorney MOTION TO SUBSTITUTE COUNSEL FOR PANXCHANGE, INC. AND WITHDRAW PRIOR COUNSEL by Defendant PanXchange, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Bruno, Harold) |
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Filing 36
MINUTE ORDER: Due to the COVID-19 pandemic the Court will not hold a Scheduling Conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate. The proposed scheduling order should be prepared as described in the local rules. A copy of instructions for the preparation of a scheduling order and a form scheduling order can be downloaded from the Courts website www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx. By Judge R. Brooke Jackson on 9/30/2020. Text Only Entry (rbjsec.)
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| Filing 35 NOTICE of Entry of Appearance by Stephen F.W. Ball, Jr on behalf of New Leaf Data Services, LLCAttorney Stephen F.W. Ball, Jr added to party New Leaf Data Services, LLC(pty:pla) (Ball, Stephen) |
| Filing 34 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) |
| Filing 33 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jsalz, ) |
| Filing 32 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jsalz, ) |
| Filing 31 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jsalz, ) |
| Filing 30 Case transferred in from District of Connecticut; Case Number 3:20-cv-00204. File, transfer order and docket sheet received |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fanelle, N.) [Transferred from Connecticut on 9/29/2020.] |
| Filing 29 AO 120 Report on the Determination of an Action re: Patent or Trademark Form Completed. (Fanelle, N.) [Transferred from Connecticut on 9/29/2020.] |
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Filing 28
ORDER denying #22 Motion to Transfer to the District of Delaware; denying as moot #14 Motion to Dismiss for Lack of Jurisdiction. Pursuant to 28 U.S.C. 1404(a), The Court ORDERS this action transferred to the United States District Court for the District of Colorado, for the reasons stated in the attached Memorandum of Decision. Signed by Judge Kari A. Dooley on 9/16/2020. (Cahill, Leslie) [Transferred from Connecticut on 9/29/2020.]
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| Filing 27 REPORT of Rule 26(f) Planning Meeting. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Filing 26 REPLY to Response to #22 MOTION to Transfer to Another District filed by New Leaf Data Services, LLC. (Attachments: #1 Declaration of Stephen Ball, #2 Exhibit A)(Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Filing 25 NOTICE of Appearance by Benjamin N. Luehrs on behalf of New Leaf Data Services, LLC (Luehrs, Benjamin) [Transferred from Connecticut on 9/29/2020.] |
| Filing 24 Memorandum in Opposition re #22 MOTION to Transfer to Another District filed by PanXchange, Inc.. (Attachments: #1 Affidavit Declaration of Julie Lerner, #2 Affidavit Declaration of Jordan C. Strauss, #3 Exhibit A Kennedy LinkedIn Profile, #4 Exhibit B Koh LinkedIn Profile, #5 Exhibit C Holecek LinkedIn Profile, #6 Exhibit D Tewalt LinkedIn Profile, #7 Exhibit E New Leaf Hemp Benchmarks Team webpage, #8 Exhibit F Google Maps from CO to DE Courthouse, #9 Exhibit G Google Maps from CO to CO Courthouse, #10 Exhibit H Barrett LinkedIn Profile, #11 Exhibit I Cannabis Benchmarks About us webpage, #12 Exhibit J LinkedIn Page for Cannabis Benchmarks, #13 Exhibit K Rubin LinkedIn profile, #14 Exhibit L Shah LinkedIn profile, #15 Exhibit M Shah Biography on New Leaf website, #16 Exhibit N Laird LinkedIn profile)(Strauss, Jordan) [Transferred from Connecticut on 9/29/2020.] |
| Filing 23 REPLY to Response to #14 MOTION to Dismiss for Lack of Jurisdiction filed by PanXchange, Inc.. (Strauss, Jordan) [Transferred from Connecticut on 9/29/2020.] |
| Filing 22 MOTION to Transfer to Another District by New Leaf Data Services, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Stephen Ball, #3 Exhibit A, #4 Exhibit B, #5 Text of Proposed Order)(Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Filing 21 Memorandum in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction filed by New Leaf Data Services, LLC. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Reset Deadline: Rule 26 Meeting Report due by 7/27/2020 (Gould, K.) [Transferred from Connecticut on 9/29/2020.] |
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Filing 20
ORDER granting on consent #19 Motion for Extension of Time. Plaintiff shall file its opposition to the motion to dismiss on or before June 12, 2020 and Defendant shall file its reply brief on or before July 10, 2020. The parties' joint Rule 26(f) Report shall be filed on or before July 27, 2020. The deadline for filing the joint Rule 26(f) Report shall not be further extended. In addition, counsel are reminded that pursuant to Local Rule 7(b)(3): "All motions for extension of time shall be filed at least three (3) days before the deadline sought to be extended, except in cases in which compelling circumstances warranting an extension arise during the three days before the deadline. Any motion for extension of time filed fewer than three days before the deadline sought to be extended shall, in addition to satisfying all other requirements of this Rule, set forth reasons why the motion was not filed at least three days before the deadline in question." Future failures to comply with Local Rule 7(b)(3) may result in the denial of non-compliant motions for extension of time without prejudice to refiling of a compliant motion. Signed by Judge Kari A. Dooley on 5/8/2020. (Cahill, Leslie) [Transferred from Connecticut on 9/29/2020.]
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| Filing 19 MOTION for Extension of Time until of 35 Days to Extend (Unopposed) Case Schedule by New Leaf Data Services, LLC. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
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Filing 18
ORDER granting on consent #17 Motion for Extension of Time. Plaintiff shall file its opposition to the motion to dismiss on or before May 8, 2020, and Defendant shall file its reply brief on or before June 5, 2020. The parties' joint Rule 26(f) Report shall be filed on or before June 22, 2020. Signed by Judge Kari A. Dooley on 4/15/2020. (Cahill, Leslie) [Transferred from Connecticut on 9/29/2020.]
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| Filing 17 MOTION for Extension of Time (Unopposed) for the Briefing Schedule Regarding Defendant's Motion to Dismiss and to Hold Rule 26(f) Conference by New Leaf Data Services, LLC. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Filing 16 NOTICE of Appearance by Jordan Christine Strauss on behalf of PanXchange, Inc. (Strauss, Jordan) [Transferred from Connecticut on 9/29/2020.] |
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Filing 15
ORDER granting #13 Motion to Appear Pro Hac Vice for Attorney Jordan C. Strauss. Signed by Clerk on 3/30/2020. (Fanelle, N.) [Transferred from Connecticut on 9/29/2020.]
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| Filing 14 MOTION to Dismiss for Lack of Jurisdiction by PanXchange, Inc..Responses due by 4/17/2020 (Attachments: #1 Memorandum in Support, #2 Affidavit (Declaration of Julie Lerner)(Corea, Andy) [Transferred from Connecticut on 9/29/2020.] |
| Filing 13 MOTION for Attorney(s) Jordan C. Strauss to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5773391) by PanXchange, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Corea, Andy) [Transferred from Connecticut on 9/29/2020.] |
| Filing 12 Corporate Disclosure Statement by PanXchange, Inc.. (Corea, Andy) [Transferred from Connecticut on 9/29/2020.] |
| Filing 11 NOTICE of Appearance by Andy I. Corea on behalf of PanXchange, Inc. (Corea, Andy) [Transferred from Connecticut on 9/29/2020.] |
| Filing 10 NOTICE of Appearance by Amanda K. Greenspon on behalf of PanXchange, Inc. (Greenspon, Amanda) [Transferred from Connecticut on 9/29/2020.] |
| Filing 9 SUMMONS Returned Executed by New Leaf Data Services, LLC. PanXchange, Inc. served on 3/13/2020, answer due 4/3/2020. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *PanXchange, Inc.* with answer to complaint due within *21* days. Attorney *Stephen F.W. Ball, Jr.* *Whitmyer IP Group LLC* *600 Summer Street* *Stamford, Ct 06901*. (Fazekas, J.) [Transferred from Connecticut on 9/29/2020.] |
| Filing 7 AO 120 Report on the Filing of an Action re: Patent or Trademark Form Completed (Attachments: #1 Complaint & Exhibits) (Fazekas, J.) [Transferred from Connecticut on 9/29/2020.] |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint, filed by New Leaf Data Services, LLC, #5 Standing Protective Order, #4 Electronic Filing Order, #3 Order on Pretrial Deadlines, #2 Corporate Disclosure Statement filed by New Leaf Data Services, LLC Signed by Clerk on 02/13/2020.(Fazekas, J.) [Transferred from Connecticut on 9/29/2020.] |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 02/12/2020.(Fazekas, J.) [Transferred from Connecticut on 9/29/2020.]
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 02/12/2020.(Fazekas, J.) [Transferred from Connecticut on 9/29/2020.]
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 4/12/2020. Discovery due by 8/13/2020. Dispositive Motions due by 9/17/2020. Signed by Clerk on 02/12/2020.(Fazekas, J.) [Transferred from Connecticut on 9/29/2020.]
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| Filing 2 Corporate Disclosure Statement by New Leaf Data Services, LLC. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Filing 1 COMPLAINT for Trademark Infringement against PanXchange, Inc. ( Filing fee $400 receipt number ACTDC-5692546.), filed by New Leaf Data Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
| Judge Kari A. Dooley added. (Oliver, T.) [Transferred from Connecticut on 9/29/2020.] |
| Request for Clerk to issue summons as to PanXchange, Inc.. (Ball, Stephen) [Transferred from Connecticut on 9/29/2020.] |
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| Defendant: PanXchange, Inc. | |
| Represented By: | Harold R. Bruno, III |
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| Plaintiff: New Leaf Data Services, LLC | |
| Represented By: | Stephen F.W. Ball, Jr. |
| Represented By: | Benjamin N. Luehrs |
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