Brinkerhoff Restaurants LLC v. Castle Pines Golf Club, Inc.
| Brinkerhoff Restaurants LLC |
| Castle Pines Golf Club, Inc. |
| Castle Pines Golf Club, Inc. |
| Brinkerhoff Restaurants LLC |
| 1:2024cv01954 |
| July 15, 2024 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Kathryn A Starnella |
| Trademark |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 27 REPLY to Response to #23 MOTION for Preliminary Injunction Reply in Support of Motion for Summary Judgment filed by Counter Claimant Castle Pines Golf Club, Inc., Defendant Castle Pines Golf Club, Inc.. (Attachments: #1 Exhibit 1-Second Declaration of Mike MacAdams, #2 Exhibit 2-Declaration of Melissa Pittaoulis with Report, #3 Exhibit 3-Financial Incentive Request dated 05-30-23, #4 Exhibit 4-Hummingbird Event Center Proposal dated 06-20-23, #5 Exhibit 5-Attachment Loan Agreement)(Fetter, Kellie) |
| Filing 26 Conventionally Submitted Material : 1 Flash Drive to Brief in Opposition to Motion,, #25 by Plaintiff Brinkerhoff Restaurants LLC, Counter Defendant Brinkerhoff Restaurants LLC. Located in Box A-2-1. Text Only Entry (cmadr, ) |
| Filing 25 BRIEF in Opposition to #23 MOTION for Preliminary Injunction filed by Plaintiff Brinkerhoff Restaurants LLC, Counter Defendant Brinkerhoff Restaurants LLC. (Attachments: #1 Exhibit Declaration of Mark Brinkerhoff, #2 Exhibit Expert Report, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Conventionally Submitted Expert Report Survey Data)(Goodman, Larissa) |
| Filing 24 ANSWER/REPLY to #15 Answer to Complaint,, Counterclaim, by Brinkerhoff Restaurants LLC.(Goodman, Larissa) |
| Filing 23 MOTION for Preliminary Injunction by Counter Claimant Castle Pines Golf Club, Inc., Defendant Castle Pines Golf Club, Inc.. (Attachments: #1 Exhibit 1-Declaration of Mike MacAdams, #2 Exhibit 2-Declaration of George Solich, #3 Exhibit 3-Trademark Registrations, #4 Exhibit 4-Hospitality Photos, #5 Exhibit 5-Clubhouse Photos, #6 Exhibit 6-Photos-Golf, #7 Exhibit 7-Castle Pines-Golf Digest, #8 Exhibit 8-Castle Pines-Golf Course Gurus, #9 Exhibit 9-CPGC Work in Progress 04-24-24, #10 Exhibit 10-CPGC Work in Progress 04-29-24, #11 Exhibit 11-Email 05-06-24, #12 Exhibit 12-Counsel Letter to Brinkerhoff 05-24-24, #13 Exhibit 13-Counsel Letter to Brinkerhoff 06-18-24, #14 Exhibit 14-Brinkerhoff Counsel Letter to CP Counsel 06-20-24, #15 Exhibit 15-CP Counsel Letter to Brinkerhoff Counsel 06-28-24, #16 Exhibit 16-Brinkerhoff Email to Solich 07-15-24, #17 Exhibit 17-Golf Digest Grub, #18 Exhibit 18-Golf Digest-Best Locker Rooms, #19 Exhibit 19-Map, #20 Exhibit 20-Article, #21 Exhibit 21-BarHummingbird.com/Lander, #22 Proposed Order (PDF Only) Proposed Order)(Fetter, Kellie) |
Filing 22
ORDER GRANTING in part Defendant's #16 Motion to Extend Page Limit for Motion for Preliminary Injunction. Given the trademark subject matter, the Court believes that embedding certain images into the body of the anticipated motion would be helpful, and thus will implement a word count limit for this briefing.The Court ORDERS that Defendants may file a motion for preliminary injunction that does not exceed 8,000 words, including footnotes but excluding the caption, certificate of conferral, AI certification (more on this later), signature block, and certificate of service. The Court FURTHER ORDERS that Plaintiff (absent Court leave to the contrary) may file a response brief of equal word count length. Defendant's reply (absent Court leave to the contrary) shall not exceed 3,000 words. Each brief shall further include a certification providing its actual word count and stating it does not exceed its respective word count limit (which shall also not count against the word limit).The Court notes, however, that Defendant's #17 Motion for Preliminary Injunction fails to include an AI certification. The Court STRIKES the #17 Motion for Preliminary Injunction, with leave to refile it including an AI Certification and the now-required word count certification.And while the Court has granted each party a word count limit of 8,000 words, it encourages each party to use only what they truly need. |
| Filing 21 REPLY to Response to #16 MOTION for Leave to File Excess Pages to Extend Page Limit for Motion for Preliminary Injunction filed by Counter Claimant Castle Pines Golf Club, Inc., Defendant Castle Pines Golf Club, Inc.. (Fetter, Kellie) |
| Filing 20 RESPONSE to #16 MOTION for Leave to File Excess Pages to Extend Page Limit for Motion for Preliminary Injunction filed by Plaintiff Brinkerhoff Restaurants LLC, Counter Defendant Brinkerhoff Restaurants LLC. (Goodman, Larissa) |
| Filing 19 MINUTE ORDER re: Defendant's #16 Motion to Extend Page Limit for Motion for Preliminary Injunction. The Court ORDERS Plaintiff to file its Response, if any, on or before 8/6/2024 by 2:30 P.M., and Defendant to file its Reply, if any, on or before 8/7/2024 by 2:30 P.M. The Court further notes that Defendant's Motion for Preliminary Injunction is not yet accepted as filed, pending resolution of the instant Motion.The Court FURTHER ADVISES both parties to familiarize themselves with the undersigned's Standing Order for Civil Cases and Practice Standards (see Dkt. 12 ), particularly, in this situation, Standing Order C.1 ("If your motion is opposed by the other side, your Certification of Conferral in the motion must substantively describe your conferral efforts and must state the reason given by opposing counsel or the opposing party for opposing the motion. Statements to the following effect are insufficient and will not be accepted: "Counsel certifies they conferred with opposing counsel before filing this motion. The motion is opposed.'" (emphasis added). The Court expects the parties and their respective counsel to confer meaningfully, and it may strike any future motions that do not fully comply with the Standing Order, Practice Standards, Local Rules, or Federal Rules of Civil Procedure. SO ORDERED by U.S. District Judge S. Kato Crews on 8/2/2024. Text Only Entry (skclc3) |
| Filing 18 NOTICE Report on the Filing or Determination of An Action Regarding A Patent or Trademark by Counter Claimant Castle Pines Golf Club, Inc., Defendant Castle Pines Golf Club, Inc. (Fetter, Kellie) |
| Filing 17 STRICKEN MOTION for Preliminary Injunction by Counter Claimant Castle Pines Golf Club, Inc., Defendant Castle Pines Golf Club, Inc.. (Attachments: #1 Exhibit 1-Declaration of Mike MacAdams, #2 Exhibit 2-Declaration of George Solich, #3 Exhibit 3-Trademark Registrations, #4 Exhibit 4-Hospitality Photos, #5 Exhibit 5-Clubhouse Photos, #6 Exhibit 6-Photos-Golf, #7 Exhibit 7-Castle Pines-Golf Digest, #8 Exhibit 8-Castle Pines-Golf Course Gurus, #9 Exhibit 9-CPGC Work in Progress 04-24-24, #10 Exhibit 10-CPGC Work in Progress 04-29-24, #11 Exhibit 11-Email 05-06-24, #12 Exhibit 12-Counsel Letter to Brinkerhoff 05-24-24, #13 Exhibit 13-Counsel Letter to Brinkerhoff 06-18-24, #14 Exhibit 14-Brinkerhoff Counsel Letter to CP Counsel 06-20-24, #15 Exhibit 15-CP Counsel Letter to Brinkerhoff Counsel 06-28-24, #16 Exhibit 16-Brinkerhoff Email to Solich 07-15-24, #17 Exhibit 17-Golf Digest Grub, #18 Exhibit 18-Golf Digest-Best Locker Rooms, #19 Exhibit 19-Map, #20 Exhibit 20-Article, #21 Exhibit 21-BarHummingbird.com/Lander, #22 Proposed Order (PDF Only) Proposed Order)(Fetter, Kellie) Modified on 8/8/2024 to strike pursuant to 22 (skcja, ). |
| Filing 16 MOTION for Leave to File Excess Pages to Extend Page Limit for Motion for Preliminary Injunction by Counter Claimant Castle Pines Golf Club, Inc., Defendant Castle Pines Golf Club, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Fetter, Kellie) |
| Filing 15 ANSWER to #1 Complaint,, for Declaratory Judgment, COUNTERCLAIM against Brinkerhoff Restaurants LLC by Castle Pines Golf Club, Inc.. (Attachments: #1 Exhibit 1 - Photos, #2 Exhibit 2 - Marketing Materials, #3 Exhibit 3 - Trademark Registrations, #4 Exhibit 4 - Map, #5 Exhibit 5 - Counsel Letter to Brinkerhoff)(Fetter, Kellie) |
| Filing 14 NOTICE Report on the Filing of an Action Regarding a Trademark by Plaintiff Brinkerhoff Restaurants LLC (Goodman, Larissa) |
| Filing 13 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 (Text Only Entry) (ykare, ) |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By U.S. District Judge S. Kato Crews on 7/25/2024. Text Only Entry (skcja, )
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| Filing 11 NOTICE of Entry of Appearance by Marc Charles Levy on behalf of Castle Pines Golf Club, Inc.Attorney Marc Charles Levy added to party Castle Pines Golf Club, Inc.(pty:dft) (Levy, Marc) |
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Filing 10
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 24 July 2024. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form #9 indicates that at least one party has declined to consent. 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). Case randomly reassigned to U.S. District Judge S. Kato Crews for all further proceedings. All future pleadings shall be designated: 24-cv-01954-SKC (cmadr, )
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| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Defendant Castle Pines Golf Club, Inc. All parties do not consent.. (Fetter, Kellie) |
| Filing 8 NOTICE of Entry of Appearance by Kellie Nelson Fetter on behalf of Castle Pines Golf Club, Inc.Attorney Kellie Nelson Fetter added to party Castle Pines Golf Club, Inc.(pty:dft) (Fetter, Kellie) |
| Filing 7 NOTICE of Entry of Appearance by Larissa M. Goodman on behalf of Brinkerhoff Restaurants LLCAttorney Larissa M. Goodman added to party Brinkerhoff Restaurants LLC(pty:pla) (Goodman, Larissa) |
| Filing 6 SUMMONS Returned Executed by Brinkerhoff Restaurants LLC. Castle Pines Golf Club, Inc. served on 7/16/2024, answer due 8/6/2024. (Attachments: #1 Exhibit Attachment to Executed Summons)(Pellant, Jessie) |
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Filing 5
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 17 July 2024. Proposed Scheduling Order due 10/31/2024. Scheduling Conference set for 11/7/2024 11:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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Filing 4
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#3-1] is October 24, 2024. by Magistrate Judge Kathryn A. Starnella on 7/17/2024. Text Only Entry (kaslc2, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (ykare, ) |
| Filing 2 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (ykare, ) |
| Filing 1 COMPLAINT for Declaratory Judgment against Castle Pines Golf Club, Inc. (Filing fee $ 405,Receipt Number BCODC-9775267)Attorney Jessie Laura Pellant added to party Brinkerhoff Restaurants LLC(pty:pla), filed by Brinkerhoff Restaurants LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Civil Cover Sheet, #25 Summons)(Pellant, Jessie) |
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