Nautilus, Inc. v. Home Health Systems LLC et al
| Nautilus, Inc. |
| Home Health Systems LLC, Andrew LeSavage and Andrew (I) LeSavage |
| 1:2022cv00544 |
| March 4, 2022 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Scott T Varholak |
| Patent |
| 35 U.S.C. § 0001 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 19 Civil Case Terminated pursuant to the #18 notice of voluntary dismissal filed in this case. Text Only Entry. (sdunb, ) |
| Filing 18 NOTICE of Voluntary Dismissal of Case without Prejudice by Plaintiff Nautilus, Inc. (Telscher, Rudy) |
| Filing 17 SUMMONS Returned Executed by Nautilus, Inc.. Andrew LeSavage served on 3/10/2022, answer due 3/31/2022. (Telscher, Rudy) |
| Filing 15 CERTIFICATE of Service by mail by Clerk of Court re 14 Order on Motion for Extension of Time to File, to Mr. LeSavage at 721 Eucalyptus Ave., Santa Barbara, CA 93101 and to Home Health Systems LLC, c/o Corrie Hartman, 121 S. Tejon Street, Suite 900, Colorado Springs, CO 80903. Text Only Entry (cmadr, ) |
Filing 14
ORDER This matter is before the Court on #12 Defendants' Motion for Extension of Time (the "Motion"), in which Defendants seek a two-week extension of time to respond to the operative Complaint. Based upon the representation in the Motion that Plaintiff has no objection to the Motion, the Motion is GRANTED and the deadline for Defendants to respond to the operative complaint is extended until 4/15/2022. The Court observes that the Motion was signed by Defendant Andrew LeSavage as "Pro Se Counsel for himself and Home Health Systems, LLC." Although Mr. LeSavage purports to sign the document on behalf of Home Health Systems, LLC, it is well-established that "an unlicensed layperson may only represent himself and not another individual or artificial entity before a district court." Divine Church of God & Christ v. Taxation & Revenue Dep't, 116 F.3d 1489, 1997 WL 355326, at *1 n.1 (10th Cir. 1997) (unpublished table decision); Leal v. Diaz, No. 17-CV-00946-PAB-SKC, 2019 WL 2060852, at *2 (D. Colo. May 9, 2019) ("[I]t is well established that a pro se litigant may not represent another party in federal court."). As an LLC, Home Health Systems, LCC may only appear through an attorney licensed to practice in this Court. See, e.g., D.C.COLO.LAttyR 5(b); Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001) (As a general matter, a corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se.). Defendants are cautioned that any future filings submitted on behalf of Home Health Systems, LLC must be filed by an attorney licensed to practice before this Court. The Clerk of Court is directed to mail a copy of this Order to Mr. LeSavage at 721 Eucalyptus Ave., Santa Barbara, CA 93101 and to Home Health Systems LLC, c/o Corrie Hartman, 121 S. Tejon Street, Suite 900, Colorado Springs, CO 80903. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/24/2022. Text Only Entry(stvlc1, )
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| Filing 16 Duplicate Filing of #12 MOTION for Extension of Time to by Defendant Andrew (I) LeSavage (sdunb, ) |
| Filing 13 MEMORANDUM regarding #12 MOTION for Extension of Time to filed by Andrew (I) LeSavage. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 3/23/2022. (Text Only Entry) (rmsec ) |
| Filing 12 AGREED MOTION for Extension of Time by Defendant Andrew (I) LeSavage. (sdunb, ) |
| Filing 11 SUMMONS Returned Executed by Nautilus, Inc.. Home Health Systems LLC served on 3/9/2022, answer due 3/30/2022. (Telscher, Rudy) |
| Filing 10 NOTICE Report On The Filing Of An Action Regarding A Patent by Plaintiff Nautilus, Inc. (Telscher, Rudy) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 7 March 2022. Proposed Scheduling Order due 5/19/2022. Scheduling Conference set for 5/26/2022 10:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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Filing 8
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. SO ORDERED by Judge Raymond P. Moore on 3/7/2022. (Text Only Entry) (rmsec )
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Filing 7
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 3/7/2022. (Text Only Entry) (rmsec )
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| Filing 6 Administrative Notice: Notice to filer of non-compliance with Patent, Trademark, or Copyright Action case opening procedures. It is the responsibility of the attorney or pro se party commencing the action to follow Local Rule D.C.COLO.LCivR 3.1. Please file a properly completed Report form, which can be found on the courts website. (Text Only Entry) (jtorr, ) |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 4 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
| Filing 3 SUMMONS REQUEST as to HOME HEALTH SYSTEMS LLC c/o United States Corporation Agents, Inc., Registered Agent re #1 Complaint,, by Plaintiff Nautilus, Inc.. (Telscher, Rudy) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Telscher, Rudy) |
| Filing 1 COMPLAINT for Patent Infringement against Home Health Systems LLC, Andrew LeSavage (Filing fee $ 402,Receipt Number ACODC-8349050)Attorney Rudy A. Telscher added to party Nautilus, Inc.(pty:pla), filed by Nautilus, Inc.. (Attachments: #1 Exhibit 1 US Patent No. 8,002,680, #2 Exhibit 2 US Patent No. 10,518,123, #3 Exhibit 3 Affordable Adjustable Dumbbells - ProFIT Strength, #4 Exhibit 4 Heavy Duty 11-88 Lb. Adjustable Dumbbell Set _ eBay, #5 Exhibit 5 ProFIT Strength Adjustable Dumbbells 5 - 45 lbs. (32 in 1) Same Day Shipping! _ eBay, #6 Civil Cover Sheet, #7 Summons re Home Health Systems, LLC, #8 Summons Summons re Andrew LeSavage)(Telscher, Rudy) |
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