Fox Factory, Inc. v. SRAM, LLC
Plaintiff: Fox Factory, Inc.
Defendant: SRAM, LLC
Case Number: 1:2023cv00313
Filed: February 2, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Kristen L Mix
Referring Judge: Raymond P Moore
2 Judge: Kathryn A Starnella
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Trademark
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2023 Opinion or Order Filing 125 REPLY Brief in Support of #123 Brief,, filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Declaration of A. Bhattacharyya, #2 Exhibit H)(Bhattacharyya, Arpita)
September 21, 2023 Opinion or Order Filing 124 RESPONSE to #123 Brief,, Opposing Claim Construction Brief filed by Defendant SRAM, LLC. (Attachments: #1 Exhibit Declaration of Eric Wang, #2 Exhibit Declaration of Kevin Wesling, #3 Exhibit Declaration of Michael Hickey, #4 Exhibit 1 to Hickey Declaration, #5 Exhibit 2 to Hickey Declaration, #6 Exhibit 3 to Hickey Declaration, #7 Exhibit 4 to Hickey Declaration, #8 Exhibit 5 to Hickey Declaration, #9 Exhibit 6 to Hickey Declaration, #10 Exhibit 7 to Hickey Declaration, #11 Exhibit 8 to Hickey Declaration, #12 Exhibit 9 to Hickey Declaration, #13 Exhibit 10 to Hickey Declaration, #14 Exhibit 11 to Hickey Declaration, #15 Exhibit 12 to Hickey Declaration, #16 Exhibit 13 to Hickey Declaration)(Walsh, Richard)
August 31, 2023 Opinion or Order Filing 123 BRIEF FOX Factory, Inc.'s Opening Claim Construction Brief Regarding U.S. Patent Nos. 9,739,331 and 8,550,223 by Plaintiff Fox Factory, Inc.. (Attachments: #1 Declaration of Alexander Slocum, Ph.D. in Support of FOX Factory, Inc.'s Opening Claim Construction Brief; Exhibit A, #2 Declaration of Arpita Bhattacharyya, #3 Exhibit A to Bhattacharyya Declaration, #4 Exhibit B to Bhattacharyya Declaration, #5 Exhibit C to Bhattacharyya Declaration, #6 Exhibit D to Bhattacharyya Declaration, #7 Exhibit E to Bhattacharyya Declaration, #8 Exhibit F to Bhattacharyya Declaration, #9 Exhibit G to Bhattacharyya Declaration, #10 Proposed Order (PDF Only))(Bhattacharyya, Arpita)
August 11, 2023 Opinion or Order Filing 122 TRANSCRIPT of Closing arguments held on June 1, 2023 before Judge Moore. Pages: 1-61. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (thoff, )
August 8, 2023 Opinion or Order Filing 121 REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Kathryn A. Starnella upon her appointment. All future pleadings should reference Magistrate Judge Starnella at the end of the civil action number (such as 23-cv-00313-RM-KAS). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Starnella in Courtroom C-204. Her chambers are located in Room C-253 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2770. (Text only entry) (efoga, )
August 3, 2023 Opinion or Order Filing 120 Joint Disputed Claim Terms Chart .Claim Construction Brief due 8/31/2023 (Bhattacharyya, Arpita)
August 1, 2023 Opinion or Order Filing 119 ORDER: This Matter is before the Court on several Motions by the Parties to maintain various documents and proceedings under a Level 1 Restriction #72 #83 #90 #113 . Plaintiff's Motion to Partially Seal the Courtroom in Connection with May 26, 2023 Hearing on Plaintiff FOX Factory, Inc.'s Motion for Preliminary Injunction #113 was GRANTED IN PART on the record, before the commencement of the May 26, 2023 hearing, for the reasons stated at that time #114 . Being fully advised, Plaintiff FOX Factory Inc.'s Motion to Partially Restrict Documents in Connection with Plaintiff FOX Factory, Inc.'s Motion for a Preliminary Injunction #72 , Defendant SRAM, LLC's Motion to Partially Restrict Documents in Connection with SRAM's Opposition to Plaintiff FOX Factory, Inc.'s Motion for Preliminary Injunction #83 , and Plaintiff FOX Factory, Inc.'s Reply in Support of it's Motion for Preliminary Injunction, which it proposed to be filed seal, #90 are GRANTED. The Clerk of the Court is directed to maintain Plaintiff FOX Factory, Inc.'s Motion for Preliminary Injunction #73 , Defendant SRAM, LLC's Memorandum in Opposition to FOX Factory, Inc.'s Motion for Preliminary Injunction #84 , and Plaintiff FOX Factory, Inc.'s Reply in Support of its Motion for Preliminary Injunction #91 UNDER RESTRICTION AT LEVEL 1. SO ORDERED by Judge Raymond P. Moore on 8/1/2023. (Text Only Entry)(rmsec)
July 17, 2023 Opinion or Order Filing 118 ORDER denying #73 FOX's Motion for Preliminary Injunction. SO ORDERED by Judge Raymond P. Moore on 7/17/2023.(jtorr, )
July 14, 2023 Opinion or Order Filing 117 ORDER granting #116 Motion to Withdraw as Attorney. Attorney Robert M. Fernandes terminated. SO ORDERED by Judge Raymond P. Moore on 7/14/2023. Text Only Entry(rmsec)
July 12, 2023 Opinion or Order Filing 116 MOTION to Withdraw as Attorney by Plaintiff Fox Factory, Inc.. (Fernandes, Robert)
June 1, 2023 Opinion or Order Filing 115 COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Evidentiary Hearing held on 6/1/2023 - Closing arguments. #71 Motion for Preliminary Injunction is taken under advisement. Court Reporter: Tammy Hoffschildt. (cpear)
May 26, 2023 Opinion or Order Filing 114 MINUTE ENTRY for proceedings held before Judge Raymond P. Moore: Evidentiary Hearing held on 5/26/2023. Defendants oral motion that Plaintiff has not met burden of proof is DENIED. Continuation of Evidentiary Hearing set for 6/1/2023, at 02:30 PM, in Courtroom A 601 before Judge Raymond P. Moore. Court Reporter: Tammy Hoffschildt. (Attachments: #1 Plaintiff's witness list, #2 Defendant's witness list, #3 Plaintiff's exhibit list, #4 Defendant's exhibit list) (rkeec) Modified on 6/5/2023 to include language regarding ruling on Defendant's oral motion that Plaintiff has not met burden of proof (rkeec).
May 25, 2023 Opinion or Order Filing 113 MOTION for Leave to Restrict by Plaintiff Fox Factory, Inc.. (Attachments: #1 Declaration of Robert F. McCauley, #2 Exhibit 1, #3 Proposed Order (PDF Only))(McCauley, Robert)
May 24, 2023 Opinion or Order Filing 112 Exhibit List by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
May 24, 2023 Opinion or Order Filing 111 Witness List by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
May 24, 2023 Opinion or Order Filing 110 Witness List by Defendant SRAM, LLC. (Walsh, Richard)
May 24, 2023 Opinion or Order Filing 109 Exhibit List by Defendant SRAM, LLC. (Walsh, Richard)
May 23, 2023 Opinion or Order Filing 108 ORDER: This matter is before the Court on Plaintiff FOX Factory Inc.'s Motion to Exclude Fifty-One New SRAM Exhibits from Evidentiary Hearing for FOX's Motion for Preliminary Injunction (Dkt. 73) #103 . Defendant filed a Memorandum in Opposition #104 and Plaintiff filed a Reply #106 . Being fully informed, the Court concludes as follows. To the extent that Plaintiff seeks to exclude this evidence because it was not previously cited by Defendant in its Opposition to Plaintiff's Motion for Preliminary Injunction, it is DENIED. Plaintiff fails to cite any authority for such a limitation on evidence to be introduced at an evidentiary hearing. To the extent that Plaintiff requests the exclusion of this evidence because Plaintiff lacks adequate time to prepare, that request is also DENIED. Plaintiff cites no rule or other authority, and the Court is aware of none, that requires Defendant to disclose its exhibits earlier. If Plaintiff wishes to raise objections to any specific piece of evidence at the May 26, 2023 hearing, the Court will consider it at that time. SO ORDERED by Judge Raymond P. Moore on 5/23/2023. (Text Only Entry)(rmsec)
May 23, 2023 Opinion or Order Filing 107 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #104 Brief in Opposition to Motion filed by attorney Richard B. Walsh, Jr. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix to all documents an electronic s/signature and signature block in compliance with D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, )
May 22, 2023 Opinion or Order Filing 106 REPLY to Response to #103 MOTION to Exclude Plaintiff FOX Factory, Inc.'s Motion to Exclude Fifty-One New SRAM Exhibits From Evidentiary Hearing for FOX's Motion for Preliminary Injunction (Dkt. 73) filed by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
May 22, 2023 Opinion or Order Filing 105 NOTICE of Entry of Appearance by Robert M. Fernandes on behalf of Fox Factory, Inc.Attorney Robert M. Fernandes added to party Fox Factory, Inc.(pty:pla) (Fernandes, Robert)
May 22, 2023 Opinion or Order Filing 104 BRIEF in Opposition to #103 MOTION to Exclude Plaintiff FOX Factory, Inc.'s Motion to Exclude Fifty-One New SRAM Exhibits From Evidentiary Hearing for FOX's Motion for Preliminary Injunction (Dkt. 73) filed by Defendant SRAM, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Walsh, Richard)
May 19, 2023 Opinion or Order Filing 103 MOTION to Exclude Plaintiff FOX Factory, Inc.'s Motion to Exclude Fifty-One New SRAM Exhibits From Evidentiary Hearing for FOX's Motion for Preliminary Injunction (Dkt. 73) by Plaintiff Fox Factory, Inc.. (Attachments: #1 Declaration of Robert F. McCauley, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order (PDF Only))(McCauley, Robert)
May 19, 2023 Opinion or Order Filing 102 NOTICE Plaintiff FOX Factory, Inc.'s Notice Pursuant to Civil Practice Standard V.G. for the May 26, 2023 Hearing for Plaintiff's Motion for Preliminary Injunction (Dkt. 73) by Plaintiff Fox Factory, Inc. (McCauley, Robert)
May 19, 2023 Opinion or Order Filing 101 NOTICE SRAM, LLC's Glossary of Technical Terms for May 26, 2023 Hearing by Defendant SRAM, LLC (Walsh, Richard)
May 4, 2023 Opinion or Order Filing 100 ORDER: This matter is before the Court on Defendant SRAM, LLC's Motion to Continue Hearing #97 which requests that the Court postpone the hearing on Plaintiff Fox Factory, Inc.'s Motion for Preliminary Injunction and Plaintiff Fox Factory, Inc.'s Response #99 . The Court understands that lead counsel for Defendant will be out of the country on the date the Court scheduled for the hearing. Due to the congestion in the Court's docket, however, a new date for a hearing would not be possible until the end of summer. Given Plaintiff's opposition to such a delay, and the time-sensitive nature of motions for a preliminary injunction, the Court DENIES Defendant's Motion to Continue #97 . The hearing will take place as previously set forth in this Court's minute order of April 27, 2023 96 . SO ORDERED by Judge Raymond P. Moore on 5/4/2023. (Text Only Entry)(rmsec)
May 4, 2023 Opinion or Order Filing 99 RESPONSE to #97 MOTION to Continue Hearing filed by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
May 4, 2023 Opinion or Order Filing 98 MINUTE ORDER: This matter is before the Court on Defendant SRAM, LLC's Motion to Continue Hearing #97 which requests that the Court postpone the hearing on Plaintiff Fox Factory, Inc.'s Motion for Preliminary Injunction. The hearing is currently scheduled to take place on May 26, 2023. According to Defendant, despite conferral with Plaintiff's counsel they have been unable to obtain mutually agreeable dates on which the hearing could be rescheduled. Due to congestion of the Court's docket, it may be several months before a new hearing could take place. Therefore, Plaintiff is ORDERED to file a Response to Defendant's Motion to Continue, informing the Court of its position on the continuance, on or before the close of business on May 12, 2023. SO ORDERED by Judge Raymond P. Moore on 5/4/2023. (Text Only Entry) (rmsec)
May 3, 2023 Opinion or Order Filing 97 MOTION to Continue Hearing by Defendant SRAM, LLC. (Walsh, Richard)
April 27, 2023 Opinion or Order Filing 96 MINUTE ORDER: This matter is before the Court on Plaintiff Fox Factory, Inc.'s Motion for Preliminary Injunction #73 . Having reviewed the Parties' filings in this matter the Court determines that an evidentiary hearing is appropriate. Attorneys for the parties shall appear for an evidentiary hearing on the Motion at 9:00 AM on May 26, 2023 in Courtroom A601 on the Sixth Floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado for a hearing before Judge Raymond P. Moore. The Court has reserved the entire day for this matter to allow for any necessary presentation of evidence. SO ORDERED by Judge Raymond P. Moore on 4/27/2023. (Text Only Entry) (rmsec)
April 6, 2023 Opinion or Order Filing 95 STIPULATION Joint Stipulations of Fact by Defendant SRAM, LLC. (Milunski, Sarah)
April 3, 2023 Opinion or Order Filing 94 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 04/03/2023. The production of privileged or work-product protected documents, electronically stored information ("ESI") or information, whether inadvertently or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Stipulated Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party's right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. SO ORDERED. (alave, )
March 30, 2023 Opinion or Order Filing 93 STIPULATION regarding Privileged Material Under Federal Rule of Evidence 502(d) by Defendant SRAM, LLC. (Milunski, Sarah)
March 27, 2023 Opinion or Order Filing 92 SUPPLEMENT/AMENDMENT to #90 MOTION for Leave to Restrict FOX Factory, Inc.'s Motion to Restrict Documents in Connection with Plaintiff FOX Factory, Inc.'s Reply in Support of its Motion for Preliminary Injunction by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
March 24, 2023 Opinion or Order Filing 91 RESTRICTED DOCUMENT - Level 1: Reply in Support of its #71 Motion for Preliminary Injunction by Plaintiff Fox Factory, Inc. (Attachments: #1 AEO Unredacted Restricted Lvl 1 Allinger Dec iso REPLY iso PI Mtn, #2 Unredacted Ex. 26 HC-AEO to the decl of McCauley)(McCauley, Robert) Modified on 3/27/2023 to add title (sdunb, ).
March 24, 2023 Opinion or Order Filing 90 MOTION for Leave to Restrict by Plaintiff Fox Factory, Inc.. (Attachments: #1 REDACTED VERSION Allinger Dec iso REPLY iso PI Mtn, #2 Ex 26 R. McCauley Decl. SEALED COVER PAGE ONLY)(McCauley, Robert)
March 24, 2023 Opinion or Order Filing 89 REPLY to Response to #71 MOTION for Preliminary Injunction [Redacted Version] filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Decl. of Robert F. McCauley, #2 Exhibit 10 to McCauley Declaration, #3 Exhibit 11 to McCauley Declaration, #4 Exhibit 12 to McCauley Declaration, #5 Exhibit 13 to McCauley Declaration, #6 Exhibit 14 to McCauley Declaration, #7 Exhibit 15 to McCauley Declaration, #8 Exhibit 16 to McCauley Declaration, #9 Exhibit 17 to McCauley Declaration, #10 Exhibit 18 to McCauley Declaration, #11 Exhibit 19 to McCauley Declaration, #12 Exhibit 20 to McCauley Declaration, #13 Exhibit 21 to McCauley Declaration, #14 Exhibit 22 to McCauley Declaration, #15 Exhibit 23 to McCauley Declaration, #16 Exhibit 24 to McCauley Declaration, #17 Exhibit 25 to McCauley Declaration, #18 Exhibit 26 Cover Page Only, #19 Decl of M. Galasso iso Reply w/ Ex. A, #20 FOX A. Slocum Decl ISO FOX's Reply, #21 REDACTED VERSION Allinger Dec iso REPLY iso PI Mtn)(McCauley, Robert)
March 16, 2023 Opinion or Order Filing 88 SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 3/16/23. (lgale, )
March 16, 2023 Opinion or Order Filing 87 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 3/16/2023. Designation of Affirmative Experts due 3/28/2024. Designation of Rebuttal Experts due 4/18/2024. Expert Discovery due 5/9/2024. Fact Discovery due 3/7/2024. Invalidity Contentions due 4/27/2023. Joint Disputed Claim Term Chart due 8/3/2023. List of Claim Terms due 7/6/2023. Claim Construction Brief due 8/31/2023. Opinion of Counsel due 1/7/2024. FTR: KLM Courtroom A401. (Attachments: #1 Discovery Procedures and Requirements of Practice) (lgale, )
March 13, 2023 Opinion or Order Filing 86 STIPULATED PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 03/13/2023. (alave, )
March 13, 2023 Opinion or Order Filing 85 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 03/13/2023. IT IS HEREBY ORDERED that the Motion #76 is GRANTED. The Stipulated Protective Order #76 supplied by the parties is accepted for filing, with interlineations, and entered as an Order of the Court as of the date of this Minute Order.(alave, )
March 10, 2023 Opinion or Order Filing 84 RESTRICTED DOCUMENT - Level 1: Memorandum in Opposition to Fox Factory, Inc.'s #71 Motion for Preliminary Injunction by Defendant SRAM, LLC.. (Attachments: #1 Exhibit 3 to Declaration of Richard B. Walsh Jr.)(Walsh, Richard) Modified on 3/13/2023 to add title (sdunb, ).
March 10, 2023 Opinion or Order Filing 83 MOTION for Leave to Restrict by Defendant SRAM, LLC. (Attachments: #1 SRAM Memorandum in Opposition to Motion for Preliminary Injunction, #2 Exhibit 3 to Declaration of Richard B. Walsh Jr.)(Walsh, Richard)
March 10, 2023 Opinion or Order Filing 82 BRIEF in Opposition to #71 MOTION for Preliminary Injunction [Redacted Version] filed by Defendant SRAM, LLC. (Attachments: #1 Declaration of Kevin Wesling, #2 Ex 1 to Declaration of Kevin Wesling, #3 Ex 2 to Declaration of Kevin Wesling, #4 Ex 3 to Declaration of Kevin Wesling, #5 Ex 4 to Declaration of Kevin Wesling, #6 Ex 5 to Declaration of Kevin Wesling, #7 Ex 6 to Declaration of Kevin Wesling, #8 Ex 7 to Declaration of Kevin Wesling, #9 Ex 8 to Declaration of Kevin Wesling, #10 Ex 9 to Declaration of Kevin Wesling, #11 Ex 10 to Declaration of Kevin Wesling, #12 Ex 11 to Declaration of Kevin Wesling, #13 Ex 12 to Declaration of Kevin Wesling, #14 Ex 13 to Declaration of Kevin Wesling, #15 Ex 14 to Declaration of Kevin Wesling, #16 Ex 15 to Declaration of Kevin Wesling, #17 Ex 16 to Declaration of Kevin Wesling, #18 Ex 17 to Declaration of Kevin Wesling, #19 Ex 18 to Declaration of Kevin Wesling, #20 Ex 19 to Declaration of Kevin Wesling, #21 Ex 20 to Declaration of Kevin Wesling, #22 Declaration of Richard B. Walsh Jr., #23 Ex 1 to Declaration of Richard B. Walsh Jr., #24 Ex 2 to Declaration of Richard B. Walsh Jr., #25 Ex 3 to Declaration of Richard B. Walsh Jr., #26 Ex 4 to Declaration of Richard B. Walsh Jr., #27 Ex 5 to Declaration of Richard B. Walsh Jr., #28 Declaration of Sander Rigney)(Walsh, Richard)
March 9, 2023 Opinion or Order Filing 81 Proposed Scheduling Order in a Patent Case by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
March 8, 2023 Opinion or Order Filing 80 ORDER: This matter is before the Court on Defendant SRAM, LLC's Motion for Leave to File in Excess of Page Limitations and Incorporated Memorandum of Law #79 . In the Motion Defendant requests that it be granted 10 additional pages for its Response to Plaintiff Fox Factory, Inc.'s Motion for Preliminary Injunction #71 . Defendant notes that Plaintiff objects to the requested 10 pages but consents to a request for 5 pages and asks that it be permitted additional pages for its Reply. Being fully advised, the Court GRANTS the Motion. Defendant shall have 10 additional pages for its Response. Plaintiff shall have 10 additional pages for its Reply. SO ORDERED by Judge Raymond P. Moore on 3/8/2023. (Text Only Entry)(rmsec)
March 8, 2023 Opinion or Order Filing 79 MOTION for Leave to File in Excess of Page Limitations and Incorporated Memorandum of Law by Defendant SRAM, LLC. (Milunski, Sarah)
March 7, 2023 Opinion or Order Filing 78 PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kristen L. Mix on 03/07/2023. (alave, )
March 6, 2023 Opinion or Order Filing 77 MEMORANDUM regarding #76 Joint MOTION for Protective Order filed by SRAM, LLC. Motion referred to Magistrate Judge Kristen L. Mix. By Judge Raymond P. Moore on 3/6/2023. (Text Only Entry) (rmsec)
March 6, 2023 Opinion or Order Filing 76 Joint MOTION for Protective Order by Defendant SRAM, LLC. (Milunski, Sarah)
February 17, 2023 Opinion or Order Filing 75 MOTION for Preliminary Injunction by Plaintiff Fox Factory, Inc. (Public entry for Restricted Document #73 filed 02/17/2023) Text only entry. (sdunb, )
February 17, 2023 Opinion or Order Filing 74 CERTIFICATE Pursuant to D.C.COLO.LCivR 7.1 in Support of Plaintiff FOX Factory, Inc.'s Motion for a Preliminary Injunction re: #71 MOTION for Preliminary Injunction [Redacted Version] by Plaintiff Fox Factory, Inc.. (McCauley, Robert)
February 17, 2023 Opinion or Order Filing 73 RESTRICTED DOCUMENT - Level 1: by Plaintiff Fox Factory, Inc... (Attachments: #1 Declaration of Wesley Allinger in Support of FOX Factory, Inc.'s Motion for Preliminary Injunction [Unredacted Version])(McCauley, Robert)
February 17, 2023 Opinion or Order Filing 72 MOTION for Leave to Restrict by Plaintiff Fox Factory, Inc.. (Attachments: #1 Exhibit Redacted Version of Motion, #2 Exhibit Redacted Version of Declaration)(McCauley, Robert)
February 17, 2023 Opinion or Order Filing 71 MOTION for Preliminary Injunction [Redacted Version] by Plaintiff Fox Factory, Inc.. (Attachments: #1 Proposed Order (PDF Only), #2 Declaration of Dr. Alexander Slocum in Support of Plaintiff FOX Factory Inc.'s Motion for a Preliminary Injunction; Exs. A-D; Attachment 1, #3 Declaration of Robert F. McCauley, #4 Exhibit 1 to McCauley Declaration, #5 Exhibit 2 to McCauley Declaration, #6 Exhibit 3 to McCauley Declaration, #7 Exhibit 4 to McCauley Declaration, #8 Exhibit 5 to McCauley Declaration, #9 Exhibit 6 to McCauley Declaration, #10 Exhibit 7 to McCauley Declaration, #11 Exhibit 8, Part 1 to McCauley Declaration, #12 Exhibit 8, Part 2 to McCauley Declaration, #13 Exhibit 9 to McCauley Declaration, #14 Declaration of Wesley Allinger in Support of FOX Factory, Inc.'s Motion for Preliminary Injunction [Redacted Version])(McCauley, Robert)
February 13, 2023 Opinion or Order Filing 70 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 13 February 2023. Proposed Scheduling Order due 3/9/2023. Scheduling Conference set for 3/16/2023 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
February 10, 2023 Opinion or Order Filing 69 NOTICE of Entry of Appearance by Arpita Bhattacharyya on behalf of Fox Factory, Inc.Attorney Arpita Bhattacharyya added to party Fox Factory, Inc.(pty:pla) (Bhattacharyya, Arpita)
February 8, 2023 Opinion or Order Filing 68 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 2/8/2023. (Text Only Entry) (rmsec)
February 8, 2023 Opinion or Order Filing 67 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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 2/8/2023. (Text Only Entry) (rmsec)
February 8, 2023 Opinion or Order Filing 66 CASE REASSIGNED pursuant to #65 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-00313-RM. (Text Only Entry) (csarr, )
February 7, 2023 Opinion or Order Filing 65 MINUTE ORDER by Magistrate Judge Kristen L. Mix on February 7, 2023. This matter is before the Court on the parties' Consent/Non-Consent Form #64 , in which the parties inform the Court that at least one party in this civil action does notconsent to have a United States Magistrate Judge conduct all proceedings. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (csarr, )
February 6, 2023 Opinion or Order Filing 64 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Fox Factory, Inc. All parties do not consent.. (McCauley, Robert)
February 3, 2023 Opinion or Order Filing 63 NOTICE of Entry of Appearance of Robert F. McCauley by Plaintiff Fox Factory, Inc. (McCauley, Robert)
February 3, 2023 Opinion or Order Filing 62 NOTICE of Entry of Appearance by Timothy R. Beyer on behalf of SRAM, LLCAttorney Timothy R. Beyer added to party SRAM, LLC(pty:dft) (Beyer, Timothy)
February 3, 2023 Opinion or Order Filing 61 NOTICE of Entry of Appearance by Sarah Anne Milunski on behalf of SRAM, LLCAttorney Sarah Anne Milunski added to party SRAM, LLC(pty:dft) (Milunski, Sarah)
February 3, 2023 Opinion or Order Filing 60 NOTICE of Entry of Appearance by Richard Bennett Walsh, Jr on behalf of SRAM, LLCAttorney Richard Bennett Walsh, Jr added to party SRAM, LLC(pty:dft) (Walsh, Richard)
February 3, 2023 Opinion or Order Filing 59 NOTICE of Entry of Appearance by Michael John Hickey on behalf of SRAM, LLCAttorney Michael John Hickey added to party SRAM, LLC(pty:dft) (Hickey, Michael)
February 2, 2023 Opinion or Order Filing 58 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws)
February 2, 2023 Opinion or Order Filing 57 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (blaws)
February 2, 2023 Opinion or Order Filing 56 Administrative Notice: Notice to filer of 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 Form AO 120: Report on Filing Patent/Trademark, which can be found on the US Courts website. (blaws)
February 2, 2023 Opinion or Order Filing 55 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) (blaws)
February 2, 2023 Opinion or Order Filing 54 Case transferred in from District of California Central; Case Number 2:22-cv-04805. File, transfer order and docket sheet received
February 2, 2023 Opinion or Order Filing 53 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order) (lom) [Transferred from California Central on 2/2/2023.]
February 1, 2023 Opinion or Order Filing 52 ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER #16 by Judge David O. Carter. The Court GRANTS Defendant's Motion to Transfer (Dkt. #16 ). This matter is hereby transferred to the District of Colorado pursuant to 28 U.S.C. 1404(a). All other pending motions in this action are DENIED AS MOOT #32 #40 #41 #44 #49 . Original file, certified copy of transfer order and docket sheet sent. MD JS-6. Case Terminated. (lom) [Transferred from California Central on 2/2/2023.]
January 30, 2023 Opinion or Order Filing 51 PROOF OF SERVICE filed by Plaintiff Fox Factory, Inc., served on January 30, 2023. (McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 30, 2023 Opinion or Order Filing 50 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document FOX Factory, Inc.'s Reply in Support of its Motion for Preliminary Injunction; Reply Declaration of Wesley Allinger partially under seal #49 filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Unredacted Document FOX Factory, Inc.'s Reply in Support of its Motion for Preliminary Injunction [HIGHLIGHTED VERSION], #2 Unredacted Document Reply Declaration of Wesley Allinger in Support of FOX Factory, Inc.'s Motion for Preliminary Injunction [HIGHLIGHTED VERSION])(McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 30, 2023 Opinion or Order Filing 49 APPLICATION to file document FOX Factory, Inc.'s Reply in Support of its Motion for Preliminary Injunction; Reply Declaration of Wesley Allinger partially under seal filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document FOX Factory, Inc.'s Reply, #3 Redacted Document Reply Declaration of Wesley Allinger)(McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 30, 2023 Opinion or Order Filing 48 REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Sale or Offer for Sale of Accused Products under 35 U.S.C. Section 283 and Fed. Rules of Civ. P. 65(a) [Redacted Version] #40 [Redacted Version] filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Declaration of Robert F. McCauley iso Reply; Exs. 9-11, #2 Declaration of Alexander Slocum, Ph.D. iso Reply, #3 Declaration of Mario Galasso iso Reply; Ex. A, #4 Reply Declaration of Wesley Allinger)(McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 27, 2023 Opinion or Order Filing 47 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the MOTION to Transfer Case to District of Colorado or, in the alternative, to the Northern District of Illinois #16 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing and scheduling Conference set for JANAURY 30, 2023, is removed from the calendar and the motion is taken under submission. The Scheduling Conference will be reset after the ruling on Motion to Transfer #16 . No appearances are necessary on January 30, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY Modified on 1/27/2023 (kdu). [Transferred from California Central on 2/2/2023.]
January 23, 2023 Opinion or Order Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Sale or Offer for Sale of Accused Products under 35 U.S.C. Section 283 and Fed. Rules of Civ. P. 65(a) [Redacted Version] #40 filed by Defendant SRAM, LLC. (Attachments: #1 Declaration of S. Rigney, #2 Declaration of R. Walsh, #3 Exhibit 1 to Declaration of R. Walsh, #4 Exhibit 2 to Declaration of R. Walsh, #5 Declaration of K. Wesling, #6 Exhibit 1 to Declaration of K. Wesling, #7 Exhibit 2 to Declaration of K. Wesling, #8 Exhibit 3 to Declaration of K. Wesling, #9 Exhibit 4 to Declaration of K. Wesling, #10 Exhibit 5 to Declaration of K. Wesling, #11 Exhibit 6 to Declaration of K. Wesling, #12 Exhibit 7 to Declaration of K. Wesling, #13 Exhibit 8 to Declaration of K. Wesling, #14 Exhibit 9 to Declaration of K. Wesling, #15 Exhibit 10 to Declaration of K. Wesling, #16 Exhibit 11 to Declaration of K. Wesling, #17 Exhibit 12 to Declaration of K. Wesling, #18 Exhibit 13 to Declaration of K. Wesling, #19 Exhibit 14 to Declaration of K. Wesling, #20 Exhibit 15 to Declaration of K. Wesling, #21 Exhibit 16 to Declaration of K. Wesling, #22 Exhibit 17 to Declaration of K. Wesling, #23 Exhibit 18 to Declaration of K. Wesling)(Hanle, Steven) [Transferred from California Central on 2/2/2023.]
January 18, 2023 Opinion or Order Filing 45 OPPOSITION to EX PARTE APPLICATION to Continue Motion for Preliminary Injunction from February 13, 2023 to [March 27/April 3], 2023 #44 filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Robert f. McCauley)(McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 17, 2023 Opinion or Order Filing 44 EX PARTE APPLICATION to Continue Motion for Preliminary Injunction from February 13, 2023 to [March 27/April 3], 2023 filed by Defendant SRAM, LLC. (Attachments: #1 Declaration of Richard B. Walsh ISO of Defendant's Ex Parte Application, #2 Exhibit A, #3 Proposed Order) (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
January 13, 2023 Opinion or Order Filing 43 PROOF OF SERVICE filed by plaintiff Fox Factory, Inc., re Sealed Declaration in SupportDeclaration,, #42 served on 01/13/2023. (McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 13, 2023 Opinion or Order Filing 42 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Preliminary Injunction; Declaration of Wesley Allinger partially under seal #41 filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Unredacted Document Highlighted version of FOX Factory, Inc.'s Motion for Preliminary Injunction, #2 Unredacted Document Highlighted version of the Declaration of Wesley Allinger in Support of FOX Factory, Inc.'s Motion for Preliminary Injunction)(McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 13, 2023 Opinion or Order Filing 41 APPLICATION to file document Motion for Preliminary Injunction; Declaration of Wesley Allinger partially under seal filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document FOX Factory, Inc.'s Motion for Preliminary Injunction, #3 Redacted Document Declaration of Wesley Allinger in Support of FOX Factory, Inc.'s Motion for Preliminary Injunction)(McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 13, 2023 Opinion or Order Filing 40 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Sale or Offer for Sale of Accused Products under 35 U.S.C. Section 283 and Fed. Rules of Civ. P. 65(a) [Redacted Version] filed by plaintiff Fox Factory, Inc.. Motion set for hearing on 2/13/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order, #2 Declaration of Robert F. McCauley, #3 Exhibit 1 to Robert McCauley Declaration, #4 Exhibit 2 to Robert McCauley Declaration, #5 Exhibit 3 to Robert McCauley Declaration, #6 Exhibit 4 to Robert McCauley Declaration, #7 Exhibit 5 to Robert McCauley Declaration, #8 Exhibit 6 to Robert McCauley Declaration, #9 Exhibit 7 to Robert McCauley Declaration, #10 Exhibit 8 to Robert McCauley Declaration, #11 Declaration of Alexander Slocum, Ph.D.; Exhibits A-D; Attachment 1, #12 Declaration of Wesley Allinger [Redacted Version]) (McCauley, Robert) [Transferred from California Central on 2/2/2023.]
January 9, 2023 Opinion or Order Filing 39 DECLARATION of Michael J. Hickey in support of APPLICATION to file document Exhibits 1, 3, 4, 5, and 15 to the Declaration of Arpita Bhattacharyya in Support of Plaintiff FOX Factory, Inc.'s Opposition to Defendant SRAM, LLC's Motion to Transfer Venue under seal #32 filed by Defendant SRAM, LLC. (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
January 6, 2023 Opinion or Order Filing 38 SCHEDULING NOTICE by Judge David O. Carter: MOTION to Transfer Case to District of Colorado or, in the alternative, to the Northern District of Illinois #16 and Scheduling Conference set for 1/9/2023 are CONTINUED to 1/30/2023 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from California Central on 2/2/2023.]
December 16, 2022 Opinion or Order Filing 37 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado or, in the alternative, to the Northern District of Illinois #16 filed by Defendant SRAM, LLC. (Attachments: #1 Declaration Supplemental Declaration of Sander Rigney ISO Motion to Transfer Venue, #2 Declaration Supplemental Declaration of Michael Hickey ISO Motion to Transfer Venue, #3 Exhibit U, #4 Exhibit V)(Walsh, Richard) [Transferred from California Central on 2/2/2023.]
December 14, 2022 Opinion or Order Filing 36 ANSWER to Amended Complaint/Petition #29 filed by Defendant SRAM, LLC.(Hanle, Steven) [Transferred from California Central on 2/2/2023.]
December 13, 2022 Opinion or Order Filing 35 ORDER by Judge David O. Carter granting APPLICATION of Non-Resident Attorney Edward T. Pivin to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC #30 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from California Central on 2/2/2023.]
December 12, 2022 Opinion or Order Filing 34 PROOF OF SERVICE filed by plaintiff Fox Factory, Inc., re Sealed Declaration in SupportDeclaration,,, #33 served on 12/12/2022. (Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
December 12, 2022 Opinion or Order Filing 33 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 1, 3, 4, 5, and 15 to the Declaration of Arpita Bhattacharyya in Support of Plaintiff FOX Factory, Inc.'s Opposition to Defendant SRAM, LLC's Motion to Transfer Venue under seal #32 filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Unredacted Document Exhibit 1 to Arpita Bhattacharyya Declaration in support of Opposition, #2 Unredacted Document Exhibit 3 to Arpita Bhattacharyya Declaration in support of Opposition, #3 Unredacted Document Exhibit 4 to Arpita Bhattacharyya Declaration in support of Opposition, #4 Unredacted Document Exhibit 5 to Arpita Bhattacharyya Declaration in support of Opposition, #5 Unredacted Document Exhibit 15 to Arpita Bhattacharyya Declaration in support of Opposition)(Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
December 12, 2022 Opinion or Order Filing 32 APPLICATION to file document Exhibits 1, 3, 4, 5, and 15 to the Declaration of Arpita Bhattacharyya in Support of Plaintiff FOX Factory, Inc.'s Opposition to Defendant SRAM, LLC's Motion to Transfer Venue under seal filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit 1 to Arpita Bhattacharyya Declaration in support of Opposition, #3 Redacted Document Exhibit 3 to Arpita Bhattacharyya Declaration in support of Opposition, #4 Redacted Document Exhibit 4 to Arpita Bhattacharyya Declaration in support of Opposition, #5 Redacted Document Exhibit 5 to Arpita Bhattacharyya Declaration in support of Opposition, #6 Redacted Document Exhibit 15 to Arpita Bhattacharyya Declaration in support of Opposition)(Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
December 12, 2022 Opinion or Order Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado or, in the alternative, to the Northern District of Illinois #16 filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Arpita Bhattacharyya; Exhibits 1-15)(Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
December 7, 2022 Opinion or Order Filing 30 APPLICATION of Non-Resident Attorney Edward T. Pivin to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34442061) filed by Defendant SRAM, LLC. (Attachments: #1 Proposed Order) (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
November 30, 2022 Opinion or Order Filing 29 FIRST AMENDED COMPLAINT against Defendant SRAM, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Fox Factory, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
November 29, 2022 Opinion or Order Filing 28 ORDER GRANTING PLAINTIFF FOX FACTORY, INC.S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #25 by Judge David O. Carter. Having considered Plaintiff FOX Factory, Inc.s (FOX) Unopposed Motion for Leave to File its First Amended Complaint (Motion), the Court hereby GRANTS FOXs Motion. FOX shall promptly file its First Amended Complaint. IT IS SO ORDERED. (rolm) [Transferred from California Central on 2/2/2023.]
November 29, 2022 Opinion or Order Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Robert Fernandes counsel for Plaintiff Fox Factory, Inc.. Adding Robert Fernandes as counsel of record for FOX Factory, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff FOX Factory, Inc.. (Attorney Robert Fernandes added to party Fox Factory, Inc.(pty:pla))(Fernandes, Robert) [Transferred from California Central on 2/2/2023.]
November 23, 2022 Opinion or Order Filing 26 ORDER by Judge David O. Carter granting APPLICATION of Non-Resident Attorney Sarah A. Milunski to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/21/2022, Receipt No. 34359554) #24 , THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ts) TEXT ONLY ENTRY [Transferred from California Central on 2/2/2023.]
November 21, 2022 Opinion or Order Filing 25 NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening) #1 Notice of Unopposed Motion and Motion for Leave to File First Amended Complaint filed by Plaintiff Fox Factory, Inc.. Motion set for hearing on 1/9/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Attachment A to Motion - Proposed First Amended Complaint, #2 Proposed Order, #3 Declaration of Robert F. McCauley; Exhibit 1) (McCauley, Robert) [Transferred from California Central on 2/2/2023.]
November 21, 2022 Opinion or Order Filing 24 APPLICATION of Non-Resident Attorney Sarah A. Milunski to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/21/2022, Receipt No. 34359554) filed by Defendant SRAM, LLC. (Attachments: #1 Proposed Order) (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
November 6, 2022 Opinion or Order Filing 23 ORDER by District Judge David O. Carter granting APPLICATION of Non-Resident Attorney Michael J. Hickey to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC #19 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ts) TEXT ONLY ENTRY [Transferred from California Central on 2/2/2023.]
November 6, 2022 Opinion or Order Filing 22 ORDER by District Judge David O. Carter granting APPLICATION of Non-Resident Attorney Richard B. Walsh, Jr. to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC #18 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ts) TEXT ONLY ENTRY [Transferred from California Central on 2/2/2023.]
November 4, 2022 Opinion or Order Filing 21 SCHEDULING NOTICE by Judge David O. Carter Scheduling Conference is CONTINUED to 1/9/2023 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from California Central on 2/2/2023.]
November 3, 2022 Opinion or Order Filing 20 ORDER CONTINUING HEARING DATE AND SETTING BRIEF DEADLINES by Judge David O. Carter. Having considered the Parties' Joint Rule 26(f) Report (Dkt. #17 ), in which the parties indicate they plan to conduct discovery related to Defendant' Motion to Transfer Venue (Dkt. #16 ), the The Court hereby ORDERS the following: 1. The hearing currently set on November 7, 2022 is continued to January 9, 2023 at 8:30 A.M.; 2. Plaintiff's response to Defendant's Motion to Transfer Venue (Dkt. 16) is due no later than December 12, 2022; and 3. Any reply brief is due no later than December 16, 2022. (lom) [Transferred from California Central on 2/2/2023.]
November 3, 2022 Opinion or Order Filing 19 APPLICATION of Non-Resident Attorney Michael J. Hickey to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34270349) filed by Defendant SRAM, LLC. (Attachments: #1 Proposed Order) (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
November 3, 2022 Opinion or Order Filing 18 APPLICATION of Non-Resident Attorney Richard B. Walsh, Jr. to Appear Pro Hac Vice on behalf of Defendant SRAM, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34270269) filed by Defendant SRAM, LLC. (Attachments: #1 Proposed Order) (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
October 24, 2022 Opinion or Order Filing 17 JOINT REPORT of RULE 26(f) CONFERENCE filed by Plaintiff Fox Factory, Inc.. (McCauley, Robert) [Transferred from California Central on 2/2/2023.]
October 14, 2022 Opinion or Order Filing 16 NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado or, in the alternative, to the Northern District of Illinois filed by Defendant SRAM, LLC. Motion set for hearing on 1/30/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities ISO of Motion to Dismiss, #2 Declaration of Sander Rigney ISO of Motion to Dismiss, #3 Declaration of Michael J. Hickey ISO of Motion to Dismiss, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit Y, #24 Proposed Order) (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
October 11, 2022 Opinion or Order Filing 15 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 11/7/2022 at 08:30 AM before Judge David O. Carter. (kdu) [Transferred from California Central on 2/2/2023.]
October 10, 2022 Opinion or Order Filing 14 Certification and NOTICE of Interested Parties filed by Defendant SRAM, LLC, identifying none other than parties to the case. (Hanle, Steven) [Transferred from California Central on 2/2/2023.]
October 10, 2022 Opinion or Order Filing 13 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant SRAM, LLC.(Hanle, Steven) [Transferred from California Central on 2/2/2023.]
October 7, 2022 Opinion or Order Filing 12 NOTICE of Appearance filed by attorney Steven M Hanle on behalf of Defendant SRAM, LLC (Attorney Steven M Hanle added to party SRAM, LLC(pty:dft))(Hanle, Steven) [Transferred from California Central on 2/2/2023.]
August 30, 2022 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Fox Factory, Inc.. upon SRAM, LLC waiver sent by Plaintiff on 8/11/2022, answer due 10/11/2022. Waiver of Service signed by Richard B. Walsh, Jr.. (McCauley, Robert) [Transferred from California Central on 2/2/2023.]
July 21, 2022 Opinion or Order Filing 10 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE DAVID O. CARTER by Judge David O. Carter. (kdu) [Transferred from California Central on 2/2/2023.]
July 14, 2022 Opinion or Order Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant SRAM, LLC. (car) [Transferred from California Central on 2/2/2023.]
July 14, 2022 Opinion or Order Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 2/2/2023.]
July 14, 2022 Opinion or Order Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 2/2/2023.]
July 14, 2022 Opinion or Order Filing 6 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Jacqueline Chooljian. (car) [Transferred from California Central on 2/2/2023.]
July 13, 2022 Opinion or Order Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Fox Factory, Inc.. (Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
July 13, 2022 Opinion or Order Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fox Factory, Inc.. (Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
July 13, 2022 Opinion or Order Filing 3 NOTICE of Interested Parties filed by Plaintiff Fox Factory, Inc., identifying Fox Factory Holding Corp., Parent Corporation of Plaintiff. (Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
July 13, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Plaintiff Fox Factory, Inc.. (Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]
July 13, 2022 Opinion or Order Filing 1 COMPLAINT Receipt No: ACACDC-33627674 - Fee: $402, filed by Plaintiff Fox Factory, Inc.. (Attachments: #1 Exhibit A) (Attorney Arpita Bhattacharyya added to party Fox Factory, Inc.(pty:pla))(Bhattacharyya, Arpita) [Transferred from California Central on 2/2/2023.]

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Search for this case: Fox Factory, Inc. v. SRAM, LLC
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Plaintiff: Fox Factory, Inc.
Represented By: Arpita Bhattacharyya
Represented By: Robert F. McCauley, III
Represented By: Robert M. Fernandes
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Defendant: SRAM, LLC
Represented By: Sarah Anne Milunski
Represented By: Timothy R. Beyer
Represented By: Michael John Hickey
Represented By: Richard Bennett Walsh, Jr.
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