Homewatch Caregivers Franchising SPE, LLC v. Allison's Caring Koalas, Inc. et al
| Homewatch Caregivers Franchising SPE, LLC |
| Allison's Caring Koalas, Inc., Douglas W. Allison and Deborah L. Allison |
| 1:2022cv02341 |
| September 9, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| None |
Docket Report
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| Filing 22 Civil Case Terminated pursuant to the Notice of Voluntary Dismissal #21 filed in this case on 10/14/2022. Text Only Entry. (trvo, ) |
| Filing 21 NOTICE of Voluntary Dismissal of Case by Plaintiff Homewatch Caregivers Franchising SPE, LLC (Johnson, Jason) |
Filing 20
ORDER. The Court has under advisement #19 the Stipulation for Extension of Time to Answer and to Respond to Preliminary Injunction Motion, which the Court construes as a motion for an extension of time (Motion). The Court GRANTS the Motion for good cause shown. Defendants shall file their response to #15 the motion for a preliminary injunction by October 17, 2022. Plaintiff shall file its reply by October 24, 2022. Defendants must answer or otherwise defend by October 17, 2022. SO ORDERED by Judge William J. Martinez on 10/3/2022. Text Only Entry (wjmlc1, )
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| Filing 19 STIPULATION for Extension of Time to Answer and to Respond to Preliminary Injunction Motion by Defendants Deborah L. Allison, Douglas W. Allison, Allison's Caring Koalas, Inc.. (Bruno, Harold) |
| Filing 18 NOTICE of Entry of Appearance by Nicholas F. Labor on behalf of All Defendants Attorney Nicholas F. Labor added to party Deborah L. Allison(pty:dft), Attorney Nicholas F. Labor added to party Douglas W. Allison(pty:dft), Attorney Nicholas F. Labor added to party Allison's Caring Koalas, Inc.(pty:dft) (Labor, Nicholas) |
| Filing 17 NOTICE of Entry of Appearance by Harold R. Bruno, III on behalf of Deborah L. Allison, Douglas W. Allison, Allison's Caring Koalas, Inc.Attorney Harold R. Bruno, III added to party Deborah L. Allison(pty:dft), Attorney Harold R. Bruno, III added to party Douglas W. Allison(pty:dft), Attorney Harold R. Bruno, III added to party Allison's Caring Koalas, Inc.(pty:dft) (Bruno, Harold) |
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Filing 16
ORDER. The Court has under advisement #15 Plaintiffs Motion for Preliminary Injunction (PI Motion). Defendant is DIRECTED to file a response to the PI Motion by October 3, 2022. Plaintiff is DIRECTED to file a reply by October 11, 2022. Once the Court has received all of the briefs, it will determine whether an evidentiary hearing is required. SO ORDERED by Judge William J. Martinez on 9/22/2022. Text Only Entry (wjmlc1, )
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| Filing 15 MOTION for Preliminary Injunction by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Exhibit Exhibit 1 - Justin DiBlassio Declaration, #2 Exhibit Exhibit 2 - John Gusdonevich, Jr. Declaration, #3 Exhibit Exhibit 3 - Jennifer Tucker, #4 Exhibit Exhibit 4 -Jason Johnson Declaration)(Johnson, Jason) |
| Filing 14 NOTICE of Entry of Appearance by Robert L. Zisk on behalf of Homewatch Caregivers Franchising SPE, LLCAttorney Robert L. Zisk added to party Homewatch Caregivers Franchising SPE, LLC(pty:pla) (Zisk, Robert) |
| Filing 13 NOTICE of Entry of Appearance by Jason T. Johnson on behalf of Homewatch Caregivers Franchising SPE, LLCAttorney Jason T. Johnson added to party Homewatch Caregivers Franchising SPE, LLC(pty:pla) (Johnson, Jason) |
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Filing 12
ORDER striking Plaintiff's Motion for Preliminary Injunction #11 . Plaintiff's Motion is STRICKEN for failure to comply with this Court's Revised Practice Standard III.C.1. This Court's Revised Practice Standard III.C.1 states that the page limits for "ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages". Plaintiff is GRANTED leave to file an Amended Motion for Preliminary Injunction which complies in all respects with this Court's Revised Practice Standards on or before September 20, 2022. SO ORDERED by Judge William J. Martinez on 9/16/2022. Text Only Entry(wjmsec, )
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| Filing 11 STRICKEN MOTION for Preliminary Injunction by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Exhibit Exhibit 1 - Justin DiBlassio Declaration, #2 Exhibit Exhibit 2 - John Gusdonevich, Jr. Declaration, #3 Exhibit Exhibit 3 - Jennifer Tucker, #4 Exhibit Exhibit 4 -Jason Johnson Declaration)(Breese, Casey) Modified on 9/19/2022 to strike pursuant to 12 Order (trvo, ). |
| Filing 10 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (trvo, ) |
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Filing 9
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 12 September 2022. Proposed Scheduling Order due 12/8/2022. Scheduling Conference set for 12/15/2022 02:30 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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| Filing 8 NOTICE of filing Report of Filing or Determination of an Action Regarding Trademark by Plaintiff Homewatch Caregivers Franchising SPE, LLC (Breese, Casey) |
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Filing 7
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 9/12/2022. Text Only Entry (wjmsec, )
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Filing 6
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, or such other Magistrate Judge who may in the future be reassigned to this case, 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). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 9/12/2022. Text Only Entry (wjmsec, )
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| Filing 5 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent AB Assetco LLC for Homewatch Caregivers Franchising SPE, LLC. (Breese, Casey) |
| Filing 4 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 court's website. (jtorr, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, ) |
| Filing 1 COMPLAINT against Douglas Allison, Allisons Caring Koalas, Inc., Deborah Allison (Filing fee $ 402,Receipt Number BCODC-8650607)Attorney Casey Carlton Breese added to party Homewatch Caregivers Franchising SPE, LLC(pty:pla), filed by Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Breese, Casey) |
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