PostNet International Franchise Corporation v. Wu
Plaintiff: PostNet International Franchise Corporation
Defendant: James Wu
Case Number: 1:2020cv03790
Filed: December 24, 2020
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Referring Judge: Daniel D Domenico
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2021 Opinion or Order Filing 42 MINUTE ORDER re: #41 Status Report filed by PostNet International Franchise Corporation. The parties may have additional time, up to and including 6/4/2021, to file the appropriate Dismissal Paperwork. By Magistrate Judge S. Kato Crews on 5/4/2021. Text Only Entry (skclc1)
May 3, 2021 Filing 41 STATUS REPORT on behalf of Plaintiff PostNet by Plaintiff PostNet International Franchise Corporation. (Dance, Jess)
April 2, 2021 Opinion or Order Filing 40 MINUTE ORDER: Having been notified the parties have reached a settlement in this matter, the forthcoming Scheduling Conference is VACATED. The parties should file their Dismissal Papers (or a Status Report indicating they need more time) on or before 5/3/2021. By Magistrate Judge S. Kato Crews on 4/2/2021. Text Only Entry (skclc1)
March 26, 2021 Filing 39 MOTION to Dismiss Defendant's Counterclaim by Plaintiff PostNet International Franchise Corporation. (Dance, Jess)
March 26, 2021 Filing 38 Proposed Scheduling Order filed by Parties by Plaintiff PostNet International Franchise Corporation. (Dance, Jess)
March 5, 2021 Filing 37 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #36 Answer to Complaint, Counterclaim filed by attorney Bryan Warren Dillon. The format for the attorneys signature block is not correct. 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(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
March 5, 2021 Filing 36 Defendant Wu's ANSWER to #4 Complaint and, COUNTERCLAIM against PostNet International Franchise Corporation by James Wu.(Dillon, Bryan)
February 24, 2021 Opinion or Order Filing 35 MINUTE ORDER Setting Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 4/5/2021 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 3/29/2021. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 2/24/2021. Text Only Entry (amont, )
February 19, 2021 Opinion or Order Filing 34 ORDER Denying Defendant's #12 Motion to Dismiss or Transfer and Denying Plaintiff's #14 Motion for a Preliminary Injunction. By Judge Daniel D. Domenico on 02/19/2021. (athom, )
February 9, 2021 Filing 33 MINUTE ENTRY for Preliminary Injunction/Motions VTC Hearing held before Judge Daniel D. Domenico on 2/9/2021. granting #26 Motion for Leave to Restrict. Court Reporter: Tracy Weir. (pglov)
February 8, 2021 Filing 32 RESTRICTED DOCUMENT - Level 1: Exhibit List by Defendant James Wu. (Attachments: #1 BSC Q3 Call 2011.8.22, #2 BSC Q1 Call 2012.1.5, #3 BSC Q2 Call 2012.4.13)(Dillon, Bryan) Modified on 2/10/2021 to add title of document (athom, ).
February 8, 2021 Filing 31 Exhibits in Support of #14 MOTION for Preliminary Injunction , #12 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Transfer by Defendant James Wu. (Attachments: #1 Assignment Agreement and Franchise Agreement, #2 Letter discussing Renewal March 25, 2005, #3 FDD, #4 Email from Brian Spindel re: renewal fee April 25, 2005, #5 US District Court Caseload Profile, #6 Customer Data Privacy Act Action, #7 Financial Reviews Letter and Emails, #8 Franchise Agreement, dated 11-07-2005, #9 Assignment Agreement, 07-15-2009, #10 Renewal Addendum, 11-07-2005, #11 Gmail account Notification - Contact Export 11-12-2020, #12 Notice of Expiration, dated 11-13-2020, #13 Deeds for 1634 Highland Avenue, Glendale, CA, #14 Email Re CA110 Sales Summary, dated 6-22-2016, #15 Email Fw Nonresident Withholding, dated 8-17-2009, #16 Email Re 2009 Financials A Message from Brian Spindel, #17 Email - Fwd Center Visit Monday, June 27th, #18 Email - Fwd CORRECTED CA110, dated 7-18-2018, #19 Email Extension Follow Up, dated 11-4-2020, #20 Email - Email to Receive Financial Reviews - Final Email, #21 Confidentiality and Non-Competition Agreement, #22 Wu Declaration in Support Motion to Dismiss-Transfer, #23 Wu Declaration in Opposition to Preliminary Injunction, #24 Wu Supplemental Declaration (Both Motions))(Dillon, Bryan)
February 8, 2021 Filing 30 DECLARATION of Multiple Persons (for Hearing on 2-9-2021) by Plaintiff PostNet International Franchise Corporation. (Attachments: #1 Affidavit 2021.01.07 - Anderson - Exhibit to Motion for Preliminary Injunction, #2 Affidavit 2021.01.07 - Holland - Exhibit to Motion for Preliminary Injunction, #3 Affidavit 2021.01.07 - Myska - Exhibit to PI Motion, #4 Affidavit 2021.01.07 - Panek - Exhibit to PI Motion, #5 Affidavit 2021.01.20 - Myska - Exhibit to Response to MTD-Transfer, #6 Affidavit 2021.01.20 - Spindel - Exhibit to Response to MTD-Transfer, #7 Affidavit 2021.02.01 - Myska - Supplemental Declaration, #8 Affidavit 2021.02.01 - Shapiro - Declaration)(Dance, Jess)
February 8, 2021 Filing 29 RESTRICTED DOCUMENT - Level 1: Exhibits 18-20 by Plaintiff PostNet International Franchise Corporation. (Attachments: #1 Exhibit Ex 18 - BSC Q3 Call 2011 AF Store Visit Agenda, dated 82211 (FILED UNDER LEVEL 1 RESTRICTED ACCESS), #2 Exhibit Ex 19 - BSC Q1 Call 2012 Agenda, dated 1512 (FILED UNDER LEVEL 1 RESTRICTED ACCESS), #3 Exhibit Ex 20 - BSC Q2 Call 2012 Agenda, dated 41312 (FILED UNDER LEVEL 1 RESTRICTED ACCESS))(Dance, Jess) Modified on 2/10/2021 to add title of document (athom, ).
February 8, 2021 Filing 28 Exhibits in Support of #14 MOTION for Preliminary Injunction , #16 Restricted Document - Level 1,, 17 Response to Motion for Hearing on 02/09/2021 by Plaintiff PostNet International Franchise Corporation. (Attachments: #1 Exhibit Ex 1 - Franchise Agreement, dated 11-07-2005, #2 Exhibit Ex 2 - Assignment Agreement, 07-15-2009, #3 Exhibit Ex 3 - Renewal Addendum, 11-07-2005, #4 Exhibit Ex 4 - Photo of VC Digital at 144 W. Los Angeles Ave., Moorpark, CA 93021, #5 Exhibit Ex 5 - Screenshot of FedExs website listing VC Digital Print & Ship at 144 W. Los Angeles Ave., Moorpark, CA 93021, #6 Exhibit Ex 6 - Gmail email account Notification - Contact Export, dated 11-12-2020, #7 Exhibit Ex 7 - Notice of Expiration, dated 11-13-2020, #8 Exhibit Ex 8 - California Secretary of State - LLC Registration Statement regarding VC Digital PCSD LLC, #9 Exhibit Ex 9 - Deeds for 1634 Highland Avenue, Glendale, CA 91202, obtained from Los Angeles County Registrar-Recorder, County Clerk, #10 Exhibit Ex 10 - Property brochure for Tuscany Square Shopping Center, dated 10-22-2020, #11 Exhibit Ex 11 - Driving Directions from former PostNet Center in Moorpark, California to VC Digital, #12 Exhibit Ex 12 - Investigation Report, #13 Exhibit Ex 13 - Email Re CA110 Sales Summary, dated 6-22-2016 (with attachment), #14 Exhibit Ex 14 - Email Fw Nonresident Withholding, dated 8-17-2009, #15 Exhibit Ex 15 - Email Re 2009 Financials A Message from Brian Spindel, dated 5-13-2010, #16 Exhibit Ex 16 - Email - Fwd Center Visit Monday, June 27th, dated 6-16-2016, #17 Exhibit Ex 17 - Email - Fwd CORRECTED CA110, dated 7-18-2018, #18 Exhibit Ex 18 - Restricted Level 1 - Cover Only, #19 Exhibit Ex 19 - Restricted Level 1 - Cover Only, #20 Exhibit Ex 20 - Restricted Level 1 - Cover Only, #21 Exhibit Ex 21 - Email Extension Follow Up, dated 11-4-2020, #22 Exhibit Ex 22 - Email CA110 Audit Request, #23 Exhibit Ex 23 - Email - Email to Receive Financial Reviews - Final Email, dated 7-24-2018, #24 Exhibit Ex 24 - Confidentiality and Non-Competition Agreement date July 28, 2009, #25 Exhibit Ex 25 - California Secretary of State - LLC Statement of Information regarding VC Digital PCSD LLC)(Dance, Jess)
February 4, 2021 Opinion or Order Filing 27 ORDER Regarding Preliminary Injunction Hearing Logistics. By Judge Daniel D. Domenico on 02/04/2021. (athom, )
February 3, 2021 Filing 26 MOTION for Leave to Restrict by Plaintiff PostNet International Franchise Corporation. (Attachments: #1 Exhibit Declaration of Dale Myska iso Motion to Restrict)(Dance, Jess)
February 3, 2021 Filing 25 APPENDIX re #14 MOTION for Preliminary Injunction , #12 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Transfer with Estimated Times for Cross Examaination by Defendant James Wu. (Dillon, Bryan)
February 1, 2021 Filing 24 DECLARATION of James Wu regarding MOTION for Preliminary Injunction #14 , MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Transfer #12 by Defendant James Wu. (Attachments: #1 Exhibit E, #2 Exhibit F)(Dillon, Bryan)
February 1, 2021 Filing 23 DECLARATION of Dale Myska regarding MOTION for Preliminary Injunction #14 , Response to Motion 17 by Plaintiff PostNet International Franchise Corporation. (Dance, Jess)
February 1, 2021 Filing 22 DECLARATION of Ira Shapiro regarding MOTION for Preliminary Injunction #14 by Plaintiff PostNet International Franchise Corporation. (Dance, Jess)
January 27, 2021 Filing 21 REPLY to Response to #12 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Transfer filed by Defendant James Wu. (Dillon, Bryan)
January 27, 2021 Filing 20 REPLY in Support to Response to of #14 MOTION for Preliminary Injunction filed by Plaintiff PostNet International Franchise Corporation. (Dance, Jess) Modified on 2/10/2021 to correct event text (athom, ).
January 22, 2021 Opinion or Order Filing 19 ORDER Setting Preliminary Injunction Hearing and Related Deadlines. Preliminary Injunction Hearing set for 2/9/2021 at 01:30 PM in Courtroom A 702 before Judge Daniel D. Domenico. At the Hearing, the court will address both Plaintiff's #14 motion for a preliminary injunction and Defendant's #12 motion to dismiss or transfer. The Hearing shall be conducted by video teleconference ("VTC"). No parties, attorneys, witnesses, or members of the public may attend the Preliminary Injunction Hearing in person. Members of the public may attend the Status Conference and the Preliminary Injunction Hearing by teleconference at (866) 390-1828, using Access Code 9792296#. All persons participating in court proceedings remotely by VTC or teleconference are prohibited, under penalty of contempt, from recording or broadcasting the proceeding in any manner. By Judge Daniel D. Domenico on 01/22/2021. (athom, ) Modified on 1/25/2021 to add text (athom, ).
January 21, 2021 Filing 18 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #15 Response to Motion, filed by attorney Bryan Warren Dillon. The format for the attorneys signature block is not correct. 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(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
January 20, 2021 Filing 17 RESPONSE to #12 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Transfer filed by Plaintiff PostNet International Franchise Corporation. (Public Entry for Level 1 Restricted Document #16 ). Text Only Entry (athom, )
January 20, 2021 Filing 16 RESTRICTED DOCUMENT - Level 1: by Plaintiff PostNet International Franchise Corporation.. (Attachments: #1 Exhibit Ex A to Pl's Response to Def's Motion to Dismiss or Transfer (Spindel Declaration), #2 Exhibit Ex 1 to Spindel Declaration, #3 Exhibit Ex 2 to Spindel Declaration, #4 Exhibit Ex 3 to Spindel Declaration, #5 Exhibit Ex 4 to Spindel Declaration, #6 Exhibit Ex 5 to Spindel Declaration, #7 Exhibit Ex B to Pl's Response to Def's Motion to Dismiss or Transfer (Myska Declaration), #8 Exhibit Ex 1 to Myska Declaration, #9 Exhibit Ex 2 to Myska Declaration, #10 Exhibit Ex 3 to Myska Declaration)(Dance, Jess)
January 20, 2021 Filing 15 RESPONSE to #14 MOTION for Preliminary Injunction filed by Defendant James Wu. (Attachments: #1 Objection to Evidence, #2 Affidavit Declaration of James Wu, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Dillon, Bryan)
January 7, 2021 Filing 14 MOTION for Preliminary Injunction by Plaintiff PostNet International Franchise Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dance, Jess)
January 4, 2021 Opinion or Order Filing 13 ORDER Setting Briefing Schedule on Plaintiff's Forthcoming Preliminary Injunction Motion and Defendant's Motion to Dismiss. By Judge Daniel D. Domenico on 01/04/2021. (athom, )
December 31, 2020 Filing 12 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Transfer by Defendant James Wu. (Attachments: #1 Affidavit of James Wu, #2 Exhibit A - Franchise Agreement, #3 Exhibit B - FDD Cover Letter, #4 Exhibit C - FDD, #5 Exhibit D - Correspondence re Negotiations, #6 Affidavit of Bryan Dillon, #7 Pages Request for Judicial Notice, #8 Exhibit A - District Court Statistics)(Dillon, Bryan)
December 30, 2020 Filing 11 NOTICE of Entry of Appearance by Bryan Warren Dillon on behalf of James WuAttorney Bryan Warren Dillon added to party James Wu(pty:dft) (Dillon, Bryan)
December 30, 2020 Opinion or Order Filing 10 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 12/30/2020. Text Only Entry (dddlc3, )
December 28, 2020 Opinion or Order Filing 9 ORDER: Defendant removed this action from state court while Plaintiff's motion for a preliminary injunction was pending before that court. (ECF No. #1 , [1-9].) Plaintiff's state court brief in support of that motion has been separately docketed here. (See ECF No. #6 .) Defendant appears to have filed no responsive brief in the state court action. For the sake of clarity, if Plaintiff still seeks injunctive relief in this forum, it shall separately file a motion for a preliminary injunction in a format consistent with the district's local civil rules and this court's practice standards on or before January 7, 2021. If Plaintiff re-files its motion, the court will promptly set an expedited briefing schedule on that motion. While Plaintiff may seek a hearing on its motion, the court will not set a hearing at this time. Federal Rule of Civil Procedure 65(a) does not explicitly require that a hearing be held on a preliminary-injunction motion, and whether a hearing should be held is a matter for the courts discretion. Carbajal v. Warner, 561 F. Appx 759, 764 (10th Cir. 2014); Local Civ. R. 7.1(h) (motion may be decided without oral argument at court's discretion). Once the parties have briefed the motion, the court will decide if a hearing is appropriate. SO ORDERED by Judge Daniel D. Domenico on 12/28/2020. Text Only Entry (dddlc3, )
December 28, 2020 Filing 8 NOTICE of Entry of Appearance by Jess Alexander Dance on behalf of PostNet International Franchise CorporationAttorney Jess Alexander Dance added to party PostNet International Franchise Corporation(pty:pla) (Dance, Jess)
December 24, 2020 Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, )
December 24, 2020 Filing 6 STATE COURT ORDER GRANTING Motion for Preliminary Injunction. By Christopher Clayton Zenisek, District Court Judge, Jefferson County on 12/8/2020. (jsalz, )
December 24, 2020 Filing 5 AFFIDAVIT of Service of Summons and Complaint upon James Wu on 12/08/2020. (jsalz, )
December 24, 2020 Filing 4 COMPLAINT against James Wu, filed by PostNet International Franchise Corporation.(jsalz, )
December 24, 2020 Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, )
December 24, 2020 Filing 2 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, )
December 24, 2020 Filing 1 NOTICE OF REMOVAL by James Wu from District Court, State of Colorado, Jefferson County, Case Number 2020cv031450. (Filing fee $ 402, Receipt Number 1082-7645880), filed by James Wu. (Attachments: #1 Civil Cover Sheet, #2 Appendix Exhibit List, #3 Exhibit Register of Actions, #4 Exhibit Complaint, #5 Exhibit Notice and Order - 12/2/20, #6 Exhibit Civil Case Cover Sheet, #7 Exhibit Summons, #8 Exhibit Civil Procedure Order - 12/3/20, #9 Exhibit Motion for Preliminary Injunction, #10 Exhibit Ex. A. to Motion for Preliminary Injunction, #11 Exhibit Ex. B. to Motion for Preliminary Injunction, #12 Exhibit Ex. C. to Motion for Preliminary Injunction, #13 Exhibit Ex. D. to Motion for Preliminary Injunction, #14 Exhibit Ex. E. to Motion for Preliminary Injunction, #15 Exhibit Proposed Order - Motion for Preliminary Injunction, #16 Exhibit Order re: Motion for Preliminary Injunction - 12/8/20, #17 Exhibit Notice to Set Preliminary Injunction Hearing, #18 Exhibit Affidavit of Service of Cover Sheet, Summons and Complaint, #19 Exhibit Notice of Preliminary Injunction Hearing, #20 Exhibit 12/22/20 Declaration of James Wu)(Meretta, David)

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Plaintiff: PostNet International Franchise Corporation
Represented By: Jess Alexander Dance
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Defendant: James Wu
Represented By: David James Meretta
Represented By: Bryan Warren Dillon
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