Ridge Wallet LLC, The v. Mountain Voyage Company LLC
| The Ridge Wallet LLC |
| Mountain Voyage Company LLC |
| Ridge Wallet, LLC, The |
| 1:2023cv00407 |
| February 10, 2023 |
| U.S. District Court for the District of Colorado |
| Charlotte N Sweeney |
| Scott T Varholak |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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| Filing 34 NOTICE of Filing Amended Pleading First Amended Complaint For Patent Infringement And Jury Demand by Plaintiff Ridge Wallet, LLC, The (Attachments: #1 Exhibit A - First Amended Complaint (Clean Version), #2 Exhibit 1 - to First Amended Complaint, #3 Exhibit 2 - to First Amended Complaint, #4 Exhibit 3 - to First Amended Complaint, #5 Exhibit 4 - to First Amended Complaint, #6 Exhibit 5 - to First Amended Complaint, #7 Exhibit 6 - to First Amended Complaint, #8 Exhibit 7 - to First Amended Complaint, #9 Exhibit 8 - to First Amended Complaint, #10 Exhibit 9 - to First Amended Complaint, #11 Exhibit 10 - to First Amended Complaint, #12 Exhibit 11 - to First Amended Complaint, #13 Exhibit 12 - to First Amended Complaint, #14 Exhibit 13 - to First Amended Complaint, #15 Exhibit 14 - to First Amended Complaint, #16 Exhibit 15 - to First Amended Complaint, #17 Exhibit 16 - to First Amended Complaint, #18 Exhibit 17 - to First Amended Complaint, #19 Exhibit B - First Amended Complaint (Marked Up Version))(Barnes, Aurora) |
| Filing 33 NOTICE of Entry of Appearance by Amanda C. Maxfield on behalf of Ridge Wallet, LLC, TheAttorney Amanda C. Maxfield added to party Ridge Wallet, LLC, The(pty:pla) (Maxfield, Amanda) |
Filing 32
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 4/6/2023. (morti, )
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| Filing 31 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 4/6/2023. The parties shall email Judge Sweeneys chambers to obtain a date for a Markman Hearing. Invalidity Contentions due 6/15/2023. Infringement Contentions due 5/4/2023. Joint Disputed Claim Term Chart due 9/21/2023. FTR: A402. (morti, ) |
| Filing 30 NOTICE of Entry of Appearance of Amanda C. Maxfield by Aurora Temple Barnes on behalf of Ridge Wallet, LLC, The (Barnes, Aurora) |
| Filing 29 Proposed Scheduling Order in a Patent Case by Plaintiff Ridge Wallet, LLC, The. (Barnes, Aurora) |
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Filing 28
PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 30 March 2023. (cmadr, )
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Filing 27
ORDER This matter is before the Court on #24 Joint Motion to Substitute Party (the "Motion"). Because the currently named Defendant, Mountain Voyage Company LLC ("Mountain Voyage"), is a d/b/a for the entity 2985, LLC ("2985"), the Motion seeks to remove Mountain Voyage as a party and add 2985 as a party, under Rule 21. However, the Court determines that this request requires the submission of an amended complaint under Rule 15. See Saban v. Lake Oswego Police Dep't, No. 3:19-CV-1882-JR, 2021 WL 5066184, at *5 (D. Or. May 19, 2021) ("Rule 21 was not promulgated to grant relief to a plaintiff who sues the wrong party, but instead to a plaintiff who either sues too many parties, or not enough parties. Plaintiffs should have sought leave to amend which they failed to do." (citing United States v. Swink, 41 F. Supp. 98, 101 (E.D. Va. 1941)), report and recommendation adopted, No. 3:19-CV-01882-JR, 2021 WL 5053287 (D. Or. Oct. 30, 2021). Accordingly, the Court DENIES the Motion and INSTRUCTS Plaintiff to submit an amended complaint pursuant to the procedures applicable under Federal Rule of Civil Procedure 15 and D.C.COLO.LCivR 15.1 on or before 4/7/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/30/2023. Text Only Entry(stvlc4, )
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Filing 26
ORDER granting #21 Joint Motion for Protective Order. The Court will enter the protective order proposed by the parties, with amendments to paragraphs 19 and 20, made to conform with Magistrate Judge Varholak's Civil Practice Standards regarding discovery disputes and the Local Rules regarding the public filing of confidential information. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/30/2023. Text Only Entry(stvlc4, )
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| Filing 25 MEMORANDUM regarding #24 Joint MOTION to Substitute Party. Motion #24 is referred to Magistrate Judge Scott T. Varholak, by Judge Charlotte N. Sweeney on 3/29/2023. Text Only Entry (cnssec.) |
| Filing 24 Joint MOTION to Substitute Party by Plaintiff Ridge Wallet, LLC, The. (Barnes, Aurora) |
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Filing 23
MEMORANDUM regarding #21 Joint MOTION for Protective Order. Motion #21 is referred to Magistrate Judge Scott T. Varholak, by Judge Charlotte N. Sweeney on 3/28/2023. Text Only Entry (cnssec.)
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| Filing 22 CORPORATE DISCLOSURE STATEMENT. (Garvin, Michael) |
| Filing 21 Joint MOTION for Protective Order by Plaintiff Ridge Wallet, LLC, The. (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Exhibit 2 - Proposed Order)(Barnes, Aurora) |
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Filing 20
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 Local Civ. R. 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) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. by Judge Charlotte N. Sweeney on 3/21/2023. Text Only Entry (cnssec.)
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| Filing 19 CASE REASSIGNED pursuant to #18 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-00407-CNS. (Text Only Entry) (cmadr, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Ridge Wallet, LLC, The All parties do not consent.. (Barnes, Aurora) |
| Filing 17 Defendant Mountain Voyage Company's ANSWER to #1 Complaint,, Affirmative Defenses and, COUNTERCLAIM to Plaintiff's Complaint against Mountain Voyage Company LLC by Mountain Voyage Company LLC.(Garvin, Michael) |
| Filing 16 NOTICE of Entry of Appearance by Jacob Mikel Busch on behalf of Mountain Voyage Company LLCAttorney Jacob Mikel Busch added to party Mountain Voyage Company LLC(pty:dft) (Busch, Jacob) |
| Filing 15 NOTICE re #7 Summons Issued, #1 Complaint,, Defendant's Acceptance of Service by Plaintiff Ridge Wallet, LLC, The (Barnes, Aurora) |
| Filing 14 NOTICE of Entry of Appearance by Michael John Garvin on behalf of Mountain Voyage Company LLCAttorney Michael John Garvin added to party Mountain Voyage Company LLC(pty:dft) (Garvin, Michael) |
| Filing 13 NOTICE of Entry of Appearance by Gina A. Johnson on behalf of Ridge Wallet, LLC, TheAttorney Gina A. Johnson added to party Ridge Wallet, LLC, The(pty:pla) (Johnson, Gina) |
| Filing 12 NOTICE of Entry of Appearance by Benjamin Edward Weed on behalf of Ridge Wallet, LLC, TheAttorney Benjamin Edward Weed added to party Ridge Wallet, LLC, The(pty:pla) (Weed, Benjamin) |
| Filing 11 ERRATA re #1 Complaint,, by Plaintiff Ridge Wallet, LLC, The. (Barnes, Aurora) |
| Filing 10 NOTICE of Entry of Appearance by Aurora Temple Barnes on behalf of Ridge Wallet, LLC, The (Barnes, Aurora) |
| Filing 9 ADVISORY NOTICE TO ATTORNEY AND COURT: Aurora Temple Barnes failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the court for assistance: #Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov). (Text Only Entry) (mfred) |
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Filing 8
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 14 February 2023. Consent Form due by 3/23/2023. Proposed Scheduling Order due 3/30/2023. Scheduling Conference set for 4/6/2023 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws) |
| Filing 6 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) |
| Filing 5 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (blaws) |
| Filing 4 NOTICE of Reporting on the Filing of an Action Regarding a Patent by Plaintiff The Ridge Wallet LLC (Barnes, Aurora) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Barnes, Aurora) |
| Filing 2 SUMMONS REQUEST as to Mountain Voyage Company, LLC by Plaintiff The Ridge Wallet LLC. (Barnes, Aurora) |
| Filing 1 COMPLAINT for Patent Infringement against Mountain Voyage Company LLC (Filing fee $ 402,Receipt Number ACODC-8934615)Attorney Aurora Temple Barnes added to party The Ridge Wallet LLC(pty:pla), filed by The Ridge Wallet LLC. (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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Civil Cover Sheet)(Barnes, Aurora) |
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