Ice Rover, Inc. v. Brumate, Inc.
| Ice Rover, Inc. |
| Brumate, Inc. |
| 1:2023cv02235 |
| August 31, 2023 |
| US District Court for the District of Colorado |
| Denver Office |
| S Kato Crews |
| Charlotte N Sweeney |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Telephone Status Conference held on 10/4/2023. The case is STAYED pending receipt of the Joint Status Report. Court Reporter: Sarah Mitchell. (jdyne) |
| Filing 45 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #44 Answer to Complaint filed by attorney Bradley Mark Stohry. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cmadr, ) |
| Filing 44 ANSWER to #1 Complaint by Brumate, Inc..(Stohry, Bradley) |
| Filing 43 NOTICE of Entry of Appearance by Joseph Jude Zito on behalf of Ice Rover, Inc.Attorney Joseph Jude Zito added to party Ice Rover, Inc.(pty:pla) (Zito, Joseph) |
Filing 42
MINUTE ORDER: A Telephonic Status Conference is set for 10/4/2023 at 2:00 PM in Courtroom A 702 before Judge Charlotte N. Sweeney. The Court wishes to discuss with counsel the current status of this case and as well as any future scheduling needs. Counsel are directed to dial (571) 353-2301 and enter Access Code 770126989# when prompted. By Judge Charlotte N. Sweeney on 9/6/2023. Text Only Entry (cnsja. )
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Filing 41
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews 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 9/1/23. Text Only Entry (jdyne)
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| Filing 40 NOTICE of Entry of Appearance by Bradley Mark Stohry on behalf of Brumate, Inc.Attorney Bradley Mark Stohry added to party Brumate, Inc.(pty:dft) (Stohry, Bradley) |
| Filing 39 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 38 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| Filing 37 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. Case Transfer in USDC, Colorado on 08/31/2023. (tgall, ) |
| Filing 36 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). (tgall, ) |
| Filing 35 Case transferred in from District of Texas Western; Case Number 6:22-cv-00794. File, transfer order and docket sheet received |
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Filing 34
ORDER ADOPTING #32 REPORT AND RECOMMENDATIONS for #8 Motion to Dismiss filed by Brumate, Inc. Defendants Motion is DENIED to the extent that Defendant requested dismissal, and GRANTED as to Defendants alternative request to transfer the case to the District of Colorado. Signed by Judge Alan D Albright. (lad) [Transferred from Texas Western on 8/31/2023.]
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| Filing 33 NOTICE (Joint) of Waiver of Objections by Brumate, Inc. re #32 Report and Recommendations (Stohry, Bradley) [Transferred from Texas Western on 8/31/2023.] |
| Filing 32 REPORT AND RECOMMENDATIONS re #8 Motion to Dismiss filed by Brumate, Inc.. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/31/2023.] |
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Text Order DENYING #12 Motion to Stay entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklc) [Transferred from Texas Western on 8/31/2023.]
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| Filing 31 NOTICE of Joint Claim Construction Statement by Brumate, Inc. (Stohry, Bradley) [Transferred from Texas Western on 8/31/2023.] |
| Filing 30 Reply Claim Construction Brief regarding #29 Claim Construction Brief by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 29 Reply Claim Construction Brief regarding #28 Claim Construction Brief by Brumate, Inc.. (Attachments: #1 Declaration of Bradley M. Stohry)(Stohry, Bradley) [Transferred from Texas Western on 8/31/2023.] |
| Filing 28 Opening Claim Construction Brief regarding #26 Notice (Other),, #25 Claim Construction Brief by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 27 Opening Claim Construction Brief by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 26 Notice of Filing Declaration of David B. Gibson in Support of Claim Construction Brief by Brumate, Inc. in support of #25 Claim Construction Brief (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 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Stohry, Bradley) Modified on 6/30/2023 (lad). [Transferred from Texas Western on 8/31/2023.] |
| Filing 25 Opening Claim Construction Brief by Brumate, Inc.. (Stohry, Bradley) [Transferred from Texas Western on 8/31/2023.] |
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Filing 24
ORDER Setting Markman Hearing for 9/11/2023 02:00 PM in Waco before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot1) [Transferred from Texas Western on 8/31/2023.]
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Text Order GRANTING IN PART AND DENYING IN PART #23 Motion for Hearing entered by Judge Derek T. Gilliland. The CRSR Related Cases are coordinated for purposes of Markman proceedings. The Markman hearing in the CRSR Related Cases will take place on September 11, 2023 at 2:00 p.m. before Judge Derek T. Gilliland. Orders reflecting this Markman date are forthcoming on the dockets. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklc) [Transferred from Texas Western on 8/31/2023.]
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| Filing 23 MOTION FOR STATUS CONFERENCE REGARDING MARKMAN SCHEDULES AND PROCEDURES by Brumate, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Stohry, Bradley) Modified on 6/21/2023 (lad). [Transferred from Texas Western on 8/31/2023.] |
| Parties shall comply with Judge Albright's updated Standing Orders: #Order Regarding Court Docket Management and #Amended Standing Order for Pretrial Procedure. Both orders are available by clicking the hyperlink. (bot2) [Transferred from Texas Western on 8/31/2023.] |
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Filing 22
ORDER GRANTING #21 Motion for Entry of Scheduling Order. Markman Hearing set for 9/5/2023 09:00 AM before Judge Derek T. Gilliland, Joinder of Parties due by 10/13/2023, Amended Pleadings due by 12/22/2023, Dispositive/Daubert Motions due by 6/7/2024, Pretrial Conference set for 8/9/2024 before Judge Alan D Albright, Jury Selection set for 8/30/2024 before Judge Derek T. Gilliland, Jury Trial set for 8/30/2024 AM before Judge Alan D Albright, Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/31/2023.]
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| Filing 21 Agreed MOTION for Entry of Scheduling Order Deadlines by Ice Rover, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Parties shall comply with Judge Albright's updated #Standing Order Governing Proceedings - Patent Cases available by clicking the hyperlink. (bot2) [Transferred from Texas Western on 8/31/2023.] |
| Filing 20 STATUS REPORT Case Readiness Status Report by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Derek T. Gilliland. Signed by Judge Alan D Albright.. Referral Magistrate Judge: Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/31/2023.]
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| Filing 18 Redacted Copy of #15 Sealed Document by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 17 STATUS REPORT by Brumate, Inc.. (Stohry, Bradley) [Transferred from Texas Western on 8/31/2023.] |
| Filing 16 REPLY to Response to Motion, filed by Brumate, Inc., re #8 MOTION to Dismiss for Improper Venue filed by Defendant Brumate, Inc. (Stohry, Bradley) [Transferred from Texas Western on 8/31/2023.] |
| Filing 15 Sealed Document: Response of #8 MOTION to Dismiss for Improper Venue by Ice Rover, Inc. (Attachments: #1 Exhibit, #2 Proposed Order) (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Parties shall comply with Judge Albright's updated #standing orders available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Governing Proceedings Patent Cases,2. #Amended Standing Order On Pretrial Procedures and Requirements in Civil Cases. (bot4) [Transferred from Texas Western on 8/31/2023.] |
| Filing 14 REPLY to Response to Motion, filed by Brumate, Inc., re #12 Opposed MOTION to Stay Pending Ruling on Motion to Dismiss for Improper Venue filed by Defendant Brumate, Inc. (Krist, Austin) [Transferred from Texas Western on 8/31/2023.] |
| Filing 13 RESPONSE to Motion, filed by Ice Rover, Inc., re #12 Opposed MOTION to Stay Pending Ruling on Motion to Dismiss for Improper Venue filed by Defendant Brumate, Inc. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 12 Opposed MOTION to Stay Pending Ruling on Motion to Dismiss for Improper Venue by Brumate, Inc.. (Attachments: #1 Proposed Order)(Krist, Austin) [Transferred from Texas Western on 8/31/2023.] |
| Filing 11 NOTICE Notice of Venue Discovery by Ice Rover, Inc. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
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Filing 10
ORDER GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Bradley M. Stohry. Attorney added for Brumate, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1) [Transferred from Texas Western on 8/31/2023.]
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| Filing 9 MOTION to Appear Pro Hac Vice by Austin Krist on Behalf of Bradley M. Stohry ( Filing fee $ 100 receipt number ATXWDC-16372759) by on behalf of Brumate, Inc.. (Attachments: #1 Proposed Order)(Krist, Austin) [Transferred from Texas Western on 8/31/2023.] |
| Filing 8 MOTION to Dismiss for Improper Venue by Brumate, Inc.. (Attachments: #1 Exhibit A (Jacob Declaration), #2 Exhibit B (Stohry Declaration), #3 Proposed Order)(Krist, Austin) [Transferred from Texas Western on 8/31/2023.] |
| Filing 7 SUMMONS Returned Executed by Ice Rover, Inc.. Brumate, Inc. served on 7/19/2022, answer due 8/9/2022. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 6 JS44 (Civil Cover Sheet) submitted by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 5 Summons Issued as to Brumate, Inc.. (lad) [Transferred from Texas Western on 8/31/2023.] |
| Filing 4 Certificate of Interested Parties by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Ice Rover, Inc.. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-16269344), filed by Ice Rover, Inc.. (Attachments: #1 Exhibit A, B, C, #2 Civil Cover Sheet)(Ramey, William) [Transferred from Texas Western on 8/31/2023.] |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) [Transferred from Texas Western on 8/31/2023.] |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) [Transferred from Texas Western on 8/31/2023.] |
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| Plaintiff: Ice Rover, Inc. | |
| Represented By: | Joseph Jude Zito |
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| Defendant: Brumate, Inc. | |
| Represented By: | Bradley Mark Stohry |
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