Smith Sport Optics, Inc. et al v. The Burton Corporation
Plaintiff: Smith Sport Optics, Inc. and Koroyd Sarl
Defendant: The Burton Corporation and Burton Corporation, The
Case Number: 1:2021cv02112
Filed: August 4, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: S Kato Crews
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2021 Filing 47 ERRATA re #41 Declaration, Corrected Exhibit G by Defendant Burton Corporation, The. (Attachments: #1 Exhibit G to Wakeling Dec)(Albert, Michael)
September 29, 2021 Filing 46 REPLY to Response to #22 MOTION for Preliminary Injunction filed by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Attachments: #1 Declaration of Amanda Mitten in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Declaration of Erin Kolter in Support of Plaintiffs' Motion for Preliminary Injunction, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(Tamkin, Gregory)
September 23, 2021 Opinion or Order Filing 45 ORDER: Due to a conflict on the Court's Calendar, the Preliminary Injunction Hearing set for 10/21/2021 is RESET IN TIME ONLY to 09:00 AM, in Courtroom A 602 before Judge Christine M. Arguello. SO ORDERED by Judge Christine M. Arguello on 9/23/2021. Text Only Entry (cmasec)
September 21, 2021 Opinion or Order Filing 44 ORDER: Granting #43 Motion for Leave to Exceed Page Limits. Plaintiffs are permitted to file their Reply in support of their #22 Motion for Preliminary Injunction in excess of this Court's page limitations, NOT TO EXCEED 15 pages in total, excluding Certificate of Service. SO ORDERED by Judge Christine M. Arguello on 9/21/2021. Text Only Entry(cmasec)
September 20, 2021 Filing 43 MOTION for Leave to to Exceed Page Limits #41 Declaration, #40 Declaration, #39 Declaration, #38 Brief in Opposition to Motion by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Shoaei, Maral)
September 16, 2021 Opinion or Order Filing 42 ORDER: Granting #36 Joint Motion for Leave to Appear Via Videoconference, if Necessary. Counsel are directed to contact my Courtroom Deputy via email (Socorro_west@cod.uscourts.gov) not later than THREE DAYS before the Hearing for instructions on how to proceed with the VTC/Telephone. SO ORDERED by Judge Christine M. Arguello on 9/16/2021. Text Only Entry(cmasec)
September 15, 2021 Filing 41 DECLARATION of Mark Wakeling regarding Brief in Opposition to Motion #38 by Defendant Burton Corporation, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Albert, Michael)
September 15, 2021 Filing 40 DECLARATION of Steve Copeland regarding Brief in Opposition to Motion #38 by Defendant Burton Corporation, The. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Albert, Michael)
September 15, 2021 Filing 39 DECLARATION of Michael Bottlang, Ph.D. regarding Brief in Opposition to Motion #38 by Defendant Burton Corporation, The. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Albert, Michael)
September 15, 2021 Filing 38 BRIEF in Opposition to #22 MOTION for Preliminary Injunction filed by Defendant Burton Corporation, The. (Albert, Michael)
September 7, 2021 Opinion or Order Filing 37 MEMORANDUM regarding #36 Joint MOTION for Leave to Appear Via Videoconference, if Necessary 31 Order, filed by Smith Sport Optics, Inc., Koroyd Sarl. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 9/7/2021. Text Only Entry (cmasec)
September 7, 2021 Filing 36 Joint MOTION for Leave to Appear Via Videoconference, if Necessary 31 Order, by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Shoaei, Maral)
August 30, 2021 Opinion or Order Filing 35 MINUTE ORDER: A Telephonic Scheduling Conference is set for 12/1/2021 at 09:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The proposed Scheduling Order is due seven days in advance of the conference and a Word version must be emailed to Crews_Chambers@cod.uscourts.gov. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 8/30/2021. Text Only Entry (skclc1)
August 30, 2021 Opinion or Order Filing 34 ORDER: Granting #23 Motion for Leave to Restrict. Doc. #9 shall have a Level 1 Restriction. SO ORDERED by Judge Christine M. Arguello on 8/30/2021. Text Only Entry(cmasec)
August 27, 2021 Filing 33 ANSWER to #1 Complaint, by Burton Corporation, The.(Albert, Michael)
August 26, 2021 Filing 32 NOTICE of Entry of Appearance - Scott R. Bialecki by Scott Robert Bialecki on behalf of Burton Corporation, TheAttorney Scott Robert Bialecki added to party Burton Corporation, The(pty:dft) (Bialecki, Scott)
August 19, 2021 Opinion or Order Filing 31 ORDER re #22 Motion for Preliminary Injunction. A Preliminary Injunction Hearing is set for for 10/21/2021 at 02:00 PM in Courtroom A 602 before Judge Christine M. Arguello. The Court has set aside one-half day for this Hearing. SO ORDERED by Judge Christine M. Arguello on 8/19/2021. Text Only Entry (cmasec)
August 18, 2021 Opinion or Order Filing 30 ORDER: Granting #24 Unopposed Motion for Extension of Time and to File Additional Pages. Defendant is permitted to file a response to #22 Plaintiffs' Motion for Preliminary Injunction in excess of this Court's page limitations, NOT TO EXCEED 25 pages in total, excluding Certificate of Service. FURTHER ORDERED: Defendant's Response due on or before 9/15/2021. SO ORDERED by Judge Christine M. Arguello on 8/18/2021. Text Only Entry(cmasec)
August 18, 2021 Filing 29 CORPORATE DISCLOSURE STATEMENT. (Albert, Michael)
August 18, 2021 Filing 28 NOTICE of Entry of Appearance by Marie A. McKiernan on behalf of Burton Corporation, TheAttorney Marie A. McKiernan added to party Burton Corporation, The(pty:dft) (McKiernan, Marie)
August 18, 2021 Filing 27 NOTICE of Entry of Appearance by John L. Strand on behalf of Burton Corporation, TheAttorney John L. Strand added to party Burton Corporation, The(pty:dft) (Strand, John)
August 18, 2021 Filing 26 NOTICE of Entry of Appearance Erin C. Kolter by Erin Cooke Kolter on behalf of Koroyd Sarl, Smith Sport Optics, Inc.Attorney Erin Cooke Kolter added to party Koroyd Sarl(pty:pla), Attorney Erin Cooke Kolter added to party Smith Sport Optics, Inc.(pty:pla) (Kolter, Erin)
August 18, 2021 Filing 25 NOTICE of Entry of Appearance by Michael A. Albert on behalf of Burton Corporation, TheAttorney Michael A. Albert added to party Burton Corporation, The(pty:dft) (Albert, Michael)
August 18, 2021 Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION for Preliminary Injunction Attorney Robert R. Brunelli added to party Burton Corporation, The(pty:dft), Unopposed MOTION for Leave to File Excess Pages by Defendant Burton Corporation, The. (Attachments: #1 Proposed Order (PDF Only))(Brunelli, Robert)
August 18, 2021 Filing 23 MOTION for Leave to Restrict #9 Declaration of Graham Sours by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Attachments: #1 Exhibit 1 to Motion, Redacted Declaration of Graham Sours)(Shoaei, Maral) (Modified on 8/20/2021 edited the text to reflect the link to #9 and that the attachment to this entry is redacted) (evana, ).
August 16, 2021 Filing 22 MOTION for Preliminary Injunction by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Tamkin, Gregory)
August 16, 2021 Opinion or Order Filing 21 ORDER: Granting #20 Motion for Leave to Exceed Page Limits. Plaintiff is permitted to file a Motion for Preliminary Injunction in excess of this Court's page limitations, NOT TO EXCEED 25 pages in total, excluding Certificate of Service. SO ORDERED by Judge Christine M. Arguello on 8/16/2021. Text Only Entry(cmasec)
August 11, 2021 Filing 20 MOTION for Leave to Exceed Page Limits by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Shoaei, Maral)
August 11, 2021 Filing 19 NOTICE of Entry of Appearance of Mark Miller by Mark A. Miller on behalf of Koroyd Sarl, Smith Sport Optics, Inc.Attorney Mark A. Miller added to party Koroyd Sarl(pty:pla), Attorney Mark A. Miller added to party Smith Sport Optics, Inc.(pty:pla) (Miller, Mark)
August 10, 2021 Opinion or Order Filing 18 ORDER: Striking #5 Motion for Preliminary Injunction for failure to comply with CMA Civ. Practice Standard 10.1(d)(1). FURTHER ORDERED denying as moot #17 Motion for Oral Argument. SO ORDERED by Judge Christine M. Arguello on 8/10/2021. Text Only Entry(cmasec)
August 9, 2021 Filing 17 MOTION for Hearing/Conference re #5 MOTION for Preliminary Injunction by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Shoaei, Maral)
August 9, 2021 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews 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). Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 8/9/2021. Text Only Entry (cmasec)
August 6, 2021 Filing 15 SUMMONS Returned Executed by Smith Sport Optics, Inc., Koroyd Sarl. Burton Corporation, The served on 8/6/2021, answer due 8/27/2021. (Tamkin, Gregory)
August 6, 2021 Filing 14 NOTICE of Entry of Appearance of Maral J. Shoaei by Maral Shoaei on behalf of Koroyd Sarl, Smith Sport Optics, Inc.Attorney Maral Shoaei added to party Koroyd Sarl(pty:pla), Attorney Maral Shoaei added to party Smith Sport Optics, Inc.(pty:pla) (Shoaei, Maral)
August 5, 2021 Filing 12 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jsalz, )
August 4, 2021 Filing 13 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 21-cv-2112-CMA. Text only entry. (jsalz, )
August 4, 2021 Filing 11 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, )
August 4, 2021 Filing 10 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (jsalz, )
August 4, 2021 Filing 9 RESTRICTED DOCUMENT - Level 1 - Declaration of Graham Sours in Support of Plaintiffs' #5 Motion for Preliminary Injunction : by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc... (Tamkin, Gregory) Modified on 8/5/2021 to add title (angar, ).
August 4, 2021 Filing 8 DECLARATION of Graham Sours regarding MOTION for Preliminary Injunction #5 by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Tamkin, Gregory)
August 4, 2021 Filing 7 DECLARATION of John Lloyd regarding MOTION for Preliminary Injunction #5 by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Tamkin, Gregory)
August 4, 2021 Filing 6 DECLARATION of David Smith, MS, MBA, PE, CSP regarding MOTION for Preliminary Injunction #5 by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Tamkin, Gregory)
August 4, 2021 Filing 5 STRICKEN MOTION for Preliminary Injunction by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Tamkin, Gregory) (Modified on 8/12/2021 Stricken pursuant to the 18 Order) (evana, ).
August 4, 2021 Filing 4 CORPORATE DISCLOSURE STATEMENT. (Tamkin, Gregory)
August 4, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT. (Tamkin, Gregory)
August 4, 2021 Filing 2 SUMMONS REQUEST as to The Burton Corporation re #1 Complaint, by Plaintiffs Koroyd Sarl, Smith Sport Optics, Inc.. (Tamkin, Gregory)
August 4, 2021 Filing 1 COMPLAINT and Demand for Jury Trial against The Burton Corporation (Filing fee $ 402,Receipt Number ACODC-8001503)Attorney Gregory Scot Tamkin added to party Koroyd Sarl(pty:pla), Attorney Gregory Scot Tamkin added to party Smith Sport Optics, Inc.(pty:pla), filed by Smith Sport Optics, Inc., Koroyd Sarl. (Attachments: #1 Civil Cover Sheet)(Tamkin, Gregory)

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Plaintiff: Smith Sport Optics, Inc.
Represented By: Gregory Scot Tamkin
Represented By: Erin Cooke Kolter
Represented By: Maral Shoaei
Represented By: Mark A. Miller
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Plaintiff: Koroyd Sarl
Represented By: Gregory Scot Tamkin
Represented By: Erin Cooke Kolter
Represented By: Maral Shoaei
Represented By: Mark A. Miller
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Defendant: The Burton Corporation
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Defendant: Burton Corporation, The
Represented By: John L. Strand
Represented By: Marie A. McKiernan
Represented By: Michael A. Albert
Represented By: Robert R. Brunelli
Represented By: Scott Robert Bialecki
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