Kilter, LLC v. Aurora Climbing, Inc.
Plaintiff: Kilter, LLC
Defendant: Aurora Climbing, Inc.
Case Number: 1:2023cv02550
Filed: September 29, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Robert E Blackburn
Referring Judge: Charlotte N Sweeney
2 Judge: Scott T Varholak
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Opinion or Order Filing 19 ORDER granting #18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction. Plaintiff's Response to the Motion #14 is now due on or before 12/4/2023. By Judge Charlotte N. Sweeney on 11/22/2023. Text Only Entry(cnsja.)
November 21, 2023 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Kilter, LLC. (Okon, Joseph)
November 21, 2023 Opinion or Order Filing 17 ORDER granting #15 Defendant's request to hold in abeyance Plaintiff's Motion for a Preliminary Injunction. The parties shall fully brief the issues raised in Defendant's Motion to Dismiss at ECF No. #14 pursuant to the timeframe established by D.C.COLO.LCivR 7.1(d). By Judge Charlotte N. Sweeney on 11/21/23.(jdyne)
November 6, 2023 Filing 16 NOTICE of Entry of Appearance by Andrew T. Hepworth on behalf of Kilter, LLCAttorney Andrew T. Hepworth added to party Kilter, LLC(pty:pla) (Hepworth, Andrew)
November 6, 2023 Filing 15 MOTION to Stay re #2 MOTION for Preliminary Injunction Hold in Abeyance Plaintiff's Motion for Preliminary Injunction and to Stay Briefing, or Alternatively for an Extension of Time to Respond to Plaintiff's Motion by Defendant Aurora Climbing, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
November 6, 2023 Filing 14 MOTION to Dismiss for Lack of Jurisdiction by Defendant Aurora Climbing, Inc.. (Attachments: #1 Exhibit A)(Smith, Jessica)
November 3, 2023 Opinion or Order Filing 13 ORDER granting #12 Motion for Leave to File Excess Pages and to Combine Three Motions to Dismiss into One Motion. Defendant Aurora may file one motion to dismiss containing three grounds for relief, and that motion may not exceed 20 pages, excluding the signature block. By Judge Charlotte N. Sweeney on 11/3/2023. Text Only Entry(cnsja. )
November 3, 2023 Filing 12 MOTION for Leave to File Excess Pages and to Combine Three Motions to Dismiss into One Motion by Defendant Aurora Climbing, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
October 26, 2023 Opinion or Order Filing 11 ORDER granting #8 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint and #2 Motion for Preliminary Injunction. The Court grants Defendant to and including 11/6/2023 for Defendant to file its responses to the Complaint #1 and the Motion for Preliminary Injunction #2 . By Judge Charlotte N. Sweeney on 10/26/2023. Text Only Entry(cnsja. )
October 26, 2023 Filing 10 NOTICE of Entry of Appearance by Nathan Alexander Lilly on behalf of Aurora Climbing, Inc.Attorney Nathan Alexander Lilly added to party Aurora Climbing, Inc.(pty:dft) (Lilly, Nathan)
October 26, 2023 Filing 9 CORPORATE DISCLOSURE STATEMENT. (Smith, Jessica)
October 26, 2023 Filing 8 MOTION for Extension of Time to File Answer or Otherwise Respond re #2 MOTION for Preliminary Injunction , #1 Complaint, by Defendant Aurora Climbing, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
October 26, 2023 Filing 7 NOTICE of Entry of Appearance by Jessica Jodene Smith on behalf of Aurora Climbing, Inc.Attorney Jessica Jodene Smith added to party Aurora Climbing, Inc.(pty:dft) (Smith, Jessica)
October 2, 2023 Opinion or Order Filing 6 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 10/2/23. Text Only Entry (jdyne)
October 2, 2023 Filing 5 MEMORANDUM RETURNING CASE by Senior Judge Robert E. Blackburn. This case is randomly reassigned to Judge Charlotte N. Sweeney for all further proceedings. (schap, )
September 29, 2023 Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (tgall, )
September 29, 2023 Filing 3 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, )
September 29, 2023 Filing 2 MOTION for Preliminary Injunction by Plaintiff Kilter, LLC. (Attachments: #1 Exhibit A - Declaration of Jackie Hueftle in Support of Plaintiff's Kilter, LLC's Motion for a Preliminary Injunction, #2 Exhibit B-1 - Bates No. Docs, #3 Exhibit B-2 - Bates No. Docs, #4 Exhibit B-3 - Bates No. Docs, #5 Exhibit B-4 - Bates No. Docs, #6 Exhibit B-5 - Bates No. Docs, #7 Exhibit C - Software Features, #8 Exhibit D - Aurora's Unilateral Terms and Conditions, #9 Exhibit E - Customer Complaints, Threats of Legal Action, #10 Exhibit F - Climbing Business Journal)(Okon, Joseph)
September 29, 2023 Filing 1 COMPLAINT against Aurora Climbing, Inc. (Filing fee $ 402,Receipt Number ACODC-9321290)Attorney Joseph Edward Okon added to party Kilter, LLC(pty:pla), filed by Kilter, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Okon, Joseph)

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Plaintiff: Kilter, LLC
Represented By: Joseph Edward Okon
Represented By: Andrew T. Hepworth
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Defendant: Aurora Climbing, Inc.
Represented By: Jessica Jodene Smith
Represented By: Nathan Alexander Lilly
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