Active Athletics, LLC v. Active Gymnastics Center LLC
| Active Athletics, LLC |
| Active Gymnastics Center LLC |
| 1:2024cv00366 |
| February 6, 2024 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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Filing 23
MINUTE ORDER: This matter is before the Court sua sponte upon identifying an error in [#22] Order. The Order is AMENDED to read in relevant part as follows: "Plaintiff shall respond to Defendant's Motion to Dismiss not later than May 16, 2024. It Is FURTHER ORDERED that the stay is partially lifted in this matter to allow Plaintiff to conduct jurisdictional discovery." SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/3/2024. Text Only Entry (stvlc5, )
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Filing 22
ORDER granting the parties' #21 Stipulated Joint Motion for Limited Discovery Related to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and an Enlargement of Time for Plaintiff to Respond to Defendant's Motion to Dismiss. Defendant shall answer or otherwise respond to Plaintiff's Complaint not later than May 16, 2024. It Is FURTHER ORDERED that the stay is partially lifted in this matter to allow Plaintiff to conduct jurisdictional discovery. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/3/2024.(stvlc5, )
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| Filing 21 Stipulated MOTION for Discovery STIPULATED JOINT MOTION FOR: 1)LIMITED DISCOVERY RELATED TO DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION and 2)AN ENLARGEMENT OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Plaintiff Active Athletics, LLC. (Thompson, Alan) |
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Filing 20
ORDER granting Defendant's #19 Unopposed Motion to Stay Discovery. Because the Motion is unopposed, proceedings in this case are STAYED until the Court decides Defendant's pending Motion to Dismiss #18 . The Scheduling Conference set for 4/2/24 is VACATED. Within 10 days of a ruling on the Motion to Dismiss, if claims remain pending before this Court, the parties shall contact Chambers to set the matter for a Scheduling Conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/29/2024. Text Only Entry(stvlc5, )
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| Filing 19 Unopposed MOTION to Stay by Defendant Active Gymnastics Center LLC. (Hjort, Carl) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction by Defendant Active Gymnastics Center LLC. (Attachments: #1 Exhibit A- Declaration of AGC)(Hjort, Carl) |
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Filing 17
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #16 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 3/27/2024. Text Only Entry (pabsec, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Active Athletics, LLC All parties consent.. (Thompson, Alan) |
| Filing 15 Proposed Scheduling Order by Plaintiff Active Athletics, LLC. (Thompson, Alan) |
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Filing 14
MINUTE ORDER: This matter is before the Court on #9 Order Setting Scheduling Conference (the "Order"). Pursuant to the Order, "the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before March 19, 2024. To date, the Court has not received the required consent form. The Court sua sponte EXTENDS the deadline to file the consent form to March 26, 2024. Failure to timely file may result in the Scheduling Conference being vacated. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/20/24. Text Only Entry (stvlc5, )
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| Filing 13 NOTICE of Entry of Appearance by Carl Alfred Hjort, III on behalf of Active Gymnastics Center LLCAttorney Carl Alfred Hjort, III added to party Active Gymnastics Center LLC(pty:dft) (Hjort, Carl) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Active Athletics, LLC. Active Gymnastics Center LLC waiver sent on 2/21/2024, answer due 4/22/2024. (Thompson, Alan) |
| Filing 11 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jrobe, ) |
| Filing 10 SUMMONS issued by Clerk. (schap, ) |
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Filing 9
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Consent Form due by 3/19/2024. Joint Proposed Scheduling Order due 3/26/2024. Scheduling Conference set for 4/2/2024 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 2/7/2024. (schap, )
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| Filing 8 Exhibits in Support REPORT ON THE FILING OR DETYERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK by Plaintiff Active Athletics, LLC. (Thompson, Alan) |
| Filing 7 Exhibits in Support CIVIL COVER SHEET by Plaintiff Active Athletics, LLC. (Thompson, Alan) |
| Filing 6 SUMMONS REQUEST as to ACTIVE GYMNASTICS CENTER, LLC by Plaintiff Active Athletics, LLC. (Thompson, Alan) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (efoga, ) |
| Filing 4 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 3 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 courts website. (efoga, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint, filed by attorney Alan S Thompson. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (efoga, ) |
| Filing 1 COMPLAINT against Active Gymnastics Center LLC (Filing fee $ 405,Receipt Number BCODC-9528166)Attorney Alan Stewart Thompson added to party Active Athletics, LLC(pty:pla), filed by Active Athletics, LLC. (Attachments: #1 Exhibit Exhibit 1 to Complaint)(Thompson, Alan) |
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| Plaintiff: Active Athletics, LLC | |
| Represented By: | Alan Stewart Thompson |
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| Defendant: Active Gymnastics Center LLC | |
| Represented By: | Carl Alfred Hjort, III |
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