Pso-Rite.com LLC v. Thrival LLC et al
Plaintiff: Pso-Rite.com LLC
Defendant: Thrival LLC, William Smith, Cameron Smith and Dominic Rainville
Case Number: 1:2021cv00775
Filed: March 16, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Scott T Varholak
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Plaintiff
Docket Report

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

Date Filed Document Text
June 4, 2021 Filing 28 BRIEF in Opposition to #20 MOTION to Dismiss Defendants' Motion to Dismiss Under F.R.C.P. 12(b)(6) filed by Plaintiff Pso-Rite.com LLC. (Zinna, Michael)
May 26, 2021 Opinion or Order Filing 27 SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 5/26/2021. (morti, )
May 26, 2021 Filing 26 MINUTE ENTRY for Telephonic Scheduling Conference held before Magistrate Judge Scott T. Varholak on 5/26/2021. Designation of Affirmative Experts due 3/4/2022. Dispositive Motions due by 6/3/2022. Designation of Rebuttal Experts due 4/1/2022. Expert Discovery due 5/2/2022. Fact Discovery due 2/4/2022. Invalidity Contentions due 8/4/2021. Infringement Contentions due 6/23/2021. Join Parties due 9/24/2021. Final Pretrial Conference set for 8/24/2022 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, )
May 24, 2021 Opinion or Order Filing 25 PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 5/24/2021. (jgonz, )
May 23, 2021 Opinion or Order Filing 24 ORDER granting #21 Motion for Protective Order. The Court will enter the protective order proposed by the parties. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/23/2021. Text Only Entry(stvlc2, )
May 21, 2021 Opinion or Order Filing 23 MEMORANDUM regarding #21 MOTION for Protective Order filed by Pso-Rite.com LLC. Motions referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 5/21/2021. Text Only Entry. (sphil, )
May 19, 2021 Filing 22 Proposed Scheduling Order by Plaintiff Pso-Rite.com LLC. (Zinna, Michael)
May 17, 2021 Filing 21 STIPULATION Protective Order by Plaintiff Pso-Rite.com LLC. (Zinna, Michael) Modified on 5/21/2021 to edit event type. (sphil, ).
May 14, 2021 Filing 20 MOTION to Dismiss Defendants' Motion to Dismiss Under F.R.C.P. 12(b)(6) by Defendants Dominic Rainville, Cameron Smith, William Smith, Thrival LLC. (Attachments: #1 Affidavit Declaration of James C. Otteson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Otteson, James)
May 11, 2021 Opinion or Order Filing 19 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 5/11/2021. Text Only Entry (pabsec2)
May 11, 2021 Filing 18 CASE REASSIGNED pursuant to #17 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 21-cv-00775-PAB. (Text Only Entry) (jgonz, )
May 11, 2021 Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Pso-Rite.com LLC All parties do not consent.. (Zinna, Michael)
April 12, 2021 Filing 16 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Dominic Rainville, Cameron Smith, Thrival LLC, William Smith. All Defendants. (Otteson, James)
April 12, 2021 Filing 15 NOTICE of Entry of Appearance by James Carl Otteson on behalf of All Defendants Attorney James Carl Otteson added to party Dominic Rainville(pty:dft), Attorney James Carl Otteson added to party Cameron Smith(pty:dft), Attorney James Carl Otteson added to party William Smith(pty:dft), Attorney James Carl Otteson added to party Thrival LLC(pty:dft) (Otteson, James)
April 1, 2021 Filing 14 SUMMONS Returned Executed by Pso-Rite.com LLC. Dominic Rainville served on 3/22/2021, answer due 4/12/2021. (Zinna, Michael)
April 1, 2021 Filing 13 SUMMONS Returned Executed by Pso-Rite.com LLC. Cameron Smith served on 3/22/2021, answer due 4/12/2021. (Zinna, Michael)
April 1, 2021 Filing 12 SUMMONS Returned Executed by Pso-Rite.com LLC. William Smith served on 3/22/2021, answer due 4/12/2021. (Zinna, Michael)
April 1, 2021 Filing 11 SUMMONS Returned Executed by Pso-Rite.com LLC. Thrival LLC served on 3/24/2021, answer due 4/14/2021. (Zinna, Michael)
March 18, 2021 Filing 10 Conventionally Submitted Material : 1 USB Drive Containing Exhibit E to Complaint, #1 by Plaintiff Pso-Rite.com LLC. Location of Stored Items: Clerk's Office Oversized Area A-3-2. Text Only Entry. (jgonz, ) Modified to specify storage location on 4/14/2021 (jtorr, ).
March 17, 2021 Opinion or Order Filing 9 ORDER Setting Scheduling Conference for 5/26/2021 10:15 AM before Magistrate Judge Scott T. Varholak. Consent Form due by 5/12/2021. Proposed Scheduling Order due 5/19/2021, by Magistrate Judge Scott T. Varholak on 3/1/2021. (jgonz, )
March 16, 2021 Filing 8 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 AO 120, #2 AO 120) (cpomm, )
March 16, 2021 Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cpomm, )
March 16, 2021 Filing 6 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, )
March 16, 2021 Filing 5 NOTICE of Entry of Appearance by Vincent Marc Ferraro on behalf of Pso-Rite.com LLCAttorney Vincent Marc Ferraro added to party Pso-Rite.com LLC(pty:pla) (Ferraro, Vincent)
March 16, 2021 Filing 4 NOTICE of Entry of Appearance by Michael J. Zinna on behalf of Pso-Rite.com LLC (Zinna, Michael)
March 16, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT. (Zinna, Michael)
March 16, 2021 Filing 2 NOTICE re #1 Complaint,,,, PLAINTIFF'S NOTICE OF CONVENTIONALLY FILED DOCUMENTS, EXHIBIT E TO PLAINTIFF'S COMPLAINT by Plaintiff Pso-Rite.com LLC (Zinna, Michael)
March 16, 2021 Filing 1 COMPLAINT against Dominic Rainville, Cameron Smith, William Smith, Thrival LLC (Filing fee $ 402,Receipt Number 1082-7766087)Attorney Michael J. Zinna added to party Pso-Rite.com LLC(pty:pla), filed by Pso-Rite.com LLC. (Attachments: #1 Exhibit A- '479 Patent, #2 Exhibit B- records of the foregoing trademark registrations and applications for the PSO Marks, #3 Exhibit C- parties letters and their respective exhibits, #4 Exhibit D- Infringing Products for sale through their website, https://thrivalstore.com/, #5 Exhibit E- Video (submitted to Court on USB flash drive), #6 Exhibit F- Letter from J. Otteson to V. Ferraro, dated Feb. 8, 2021, #7 Exhibit G- Amazon.com products, #8 Civil Cover Sheet, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Report on the Filing or Determination of an Action Regarding a Patent or Trademark, #14 Report on the Filing or Determination of an Action Regarding a Patent or Trademark, #15 Report on the Filing or Determination of an Action Regarding a Patent or Trademark)(Zinna, Michael)

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Plaintiff: Pso-Rite.com LLC
Represented By: Vincent Marc Ferraro
Represented By: Michael J. Zinna
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Defendant: Thrival LLC
Represented By: James Carl Otteson
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Defendant: William Smith
Represented By: James Carl Otteson
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Defendant: Cameron Smith
Represented By: James Carl Otteson
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Defendant: Dominic Rainville
Represented By: James Carl Otteson
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