Brinkerhoff Companies LLC v. Caldero LLC et al
| Brinkerhoff Companies LLC |
| Caldero LLC and Renee Brinkerhoff |
| 1:2025cv00795 |
| March 11, 2025 |
| U.S. District Court for the District of Colorado |
| Denver Office |
| Cyrus Y Chung |
| Gordon P Gallagher |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on April 8, 2025. A more recent docket listing may be available from PACER.
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Filing 42
ORDER re: #40 MOTION to Dismiss with prejudice is GRANTED. Parties to pay their own fees and costs. The Clerk of Court shall close this case. So Ordered by District Judge Gordon P Gallagher on 4/8/2025. Text Only Entry(sphil, )
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| Filing 41 RESPONSE to #40 MOTION to Dismiss with Prejudice filed by Defendants Caldero LLC, Renee Brinkerhoff. (Woller, Joy) |
| Filing 40 MOTION to Dismiss with Prejudice by Plaintiff Brinkerhoff Companies LLC. (Goodman, Larissa) |
| Filing 39 Exhibit List of Unrestricted Exhibits associated with ECF 26 and ECF 27 by Plaintiff Brinkerhoff Companies LLC, Defendants Caldero LLC, Renee Brinkerhoff. (Attachments: #1 Ex. 1, #2 Ex. 2-B, #3 Ex. 2-C, #4 Ex. 2-D, #5 Ex. 3, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13-A, #14 Ex. 13-B, #15 Ex. 13-C, #16 Ex. 13-D, #17 Ex. 15, #18 Ex. 16, #19 Ex. 17, #20 Ex. 18, #21 Ex. 19, #22 Ex. 20, #23 Ex. 103, #24 Ex. 104, #25 Ex. 105, #26 Ex. 106, #27 Ex. 107, #28 Ex. 108, #29 Ex. 109, #30 Ex. 110, #31 Ex. 111, #32 Ex. 112, #33 Ex. 113, #34 Ex. 117, #35 Ex. 118, #36 Ex. 119, #37 Ex. 120, #38 Ex. 122, #39 Ex. 125, #40 Ex. 126, #41 Ex. 127)(Goodman, Larissa) |
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Filing 38
MINUTE ORDER: Before the Court is the defendants' Unopposed Motion for Extension of Time to Respond to Complaint (the "Motion"). ECF No. #36 . For good cause shown, the defendants' Motion, ECF No. #36 , is GRANTED. The defendants shall file their response to the plaintiff's complaint on or before April 11, 2025. Entered by Magistrate Judge Cyrus Y. Chung on 4/2/2025.(dgumb, )
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| Filing 37 MEMORANDUM regarding #36 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, filed by Caldero LLC, Renee Brinkerhoff. Motion referred to Magistrate Judge Cyrus Y. Chung by District Judge Gordon P Gallagher on 04/01/2025. Text Only Entry (dclem) |
| Filing 36 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, by Defendants Caldero LLC, Renee Brinkerhoff. (Attachments: #1 Proposed Order (PDF Only))(Woller, Joy) |
| Filing 35 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Brinkerhoff Companies LLC All parties do not consent.. (Goodman, Larissa) |
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Filing 34
ORDER that the Joint Motion for Leave to Restrict [ECF 30] is GRANTED. The original pleadings and attached exhibits at ECF 26 and ECF 27 will remain under the current level of restriction to ensure there is no inadvertent access to said filings. All requested pleadings and exhibits associated with ECF 26 and ECF 27 that are being unrestricted, which are listed on Exhibit A of ECF 30, shall be filed by the parties in a single pleading and filed unrestricted. Entered by District Judge Gordon P Gallagher on 03/26/2025. Text Only Entry(dclem)
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Filing 33
ORDER GRANTING MOTION TO RESTRICT ACCESS TO DKT. NOS. 2 AND 24-7 AT LEVEL ONE RESTRICTION. The Court, having considered Plaintiff Brinkerhoff Companies LLC's Motion to Restrict Access, and being fully advised thereon, hereby finds good cause for the requested restriction and orders: Dkt. #2 and Dkt. #24 -7 shall remain under Level One Restriction. By District Judge Gordon P Gallagher on 3/26/2025. (tlove, )
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| Filing 32 Unopposed MOTION for Leave to Restrict by Plaintiff Brinkerhoff Companies LLC. (Attachments: #1 Proposed Order (PDF Only))(Goodman, Larissa) Modified on 3/26/2025 to remove gavel. (tlove, ). |
| Filing 31 RESTRICTED TRANSCRIPT of proceedings held on 3/19/25 before Judge Gallagher. Pages: 1-132. (evale, ) |
| Filing 30 Joint MOTION for Leave to Restrict by Plaintiff Brinkerhoff Companies LLC. (Attachments: #1 Exhibit A - Exhibits List for Restriction)(Goodman, Larissa) |
| Filing 29 MINUTE ENTRY for proceedings held before District Judge Gordon P Gallagher: Motion Hearing on Plaintiff's Motion for Preliminary Injunction held on 3/19/2025. Motion for Preliminary Injunction is TAKEN UNDER ADVISEMENT, written order to issue. Prior temporary restraining order at ECF No. #10 is dissolved and will not be reissued. Court Reporter: Erin Valenti. (jdyne, ) |
| Filing 28 Exhibit List Joint Exhibit List of Parties by Plaintiff Brinkerhoff Companies LLC. (Goodman, Larissa) |
| Filing 27 RESTRICTED DOCUMENT - Level 1: Hearing Exhibits to #29 by Plaintiff Brinkerhoff Companies LLC.. (Attachments: #1 Exhibit, #2 Exhibit, #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 Exhibit)(Goodman, Larissa) Modified on 4/1/2025 to add linkage (angar, ). |
| Filing 26 RESTRICTED DOCUMENT - Level 1: Exhibit 101 to #29 Preliminary Injunction Hearing by Defendants Caldero LLC, Renee Brinkerhoff.. (Attachments: #1 Exhibit 102 to Preliminary Injunction Hearing, #2 Exhibit 103 to Preliminary Injunction Hearing, #3 Exhibit 104 to Preliminary Injunction Hearing, #4 Exhibit 105 to Preliminary Injunction Hearing, #5 Exhibit 106 to Preliminary Injunction Hearing, #6 Exhibit 107 to Preliminary Injunction Hearing, #7 Exhibit 108 to Preliminary Injunction Hearing, #8 Exhibit 109 to Preliminary Injunction Hearing, #9 Exhibit 110 to Preliminary Injunction Hearing, #10 Exhibit 111 to Preliminary Injunction Hearing, #11 Exhibit 112 to Preliminary Injunction Hearing, #12 Exhibit 113 to Preliminary Injunction Hearing, #13 Exhibit 114 to Preliminary Injunction Hearing, #14 Exhibit 115 to Preliminary Injunction Hearing, #15 Exhibit 116 to Preliminary Injunction Hearing, #16 Exhibit 117 to Preliminary Injunction Hearing, #17 Exhibit 118 to Preliminary Injunction Hearing, #18 Exhibit 119 to Preliminary Injunction Hearing, #19 Exhibit 120 to Preliminary Injunction Hearing, #20 Exhibit 121 to Preliminary Injunction Hearing, #21 Exhibit 122 to Preliminary Injunction Hearing, #22 Exhibit 123 to Preliminary Injunction Hearing, #23 Exhibit 124 to Preliminary Injunction Hearing, #24 Exhibit 125 to Preliminary Injunction Hearing, #25 Exhibit 126 to Preliminary Injunction Hearing, #26 Exhibit 127 to Preliminary Injunction Hearing)(Kostolansky, Kris) Modified on 4/1/2025 to add linkage (angar, ). |
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Filing 25
ORDER: The Court has received a request from a news agency for remote access to the upcoming preliminary injunction hearing in this matter. Pursuant to the current Remote Public Access to Court Proceedings policy as promulgated by the Judicial Conference of the United States, a Judge may allow remote access in civil proceedings to any non-trial hearing in which a witness is not testifying. Exercising my discretion, I do GRANT such accessparticularly as this hearing is not being held in such a fashion that there is a physical courtroom to which a spectator could travel and attend other than Grand Junction and this matter is germane to the public interest in Denver (250 miles away). Should testimony or confidentiality be implicated, the Court will contemporaneously address such issues. So Ordered. By District Judge Gordon P. Gallagher on March 19, 2025. Text Only Entry. (gpglc3)
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| Filing 24 RESTRICTED DOCUMENT - Level 1: Supplemental Declaration of William Brinkerhoff and Exhibits to #23 by Plaintiff Brinkerhoff Companies LLC.. (Attachments: #1 Ex. 15 - Westword Best Restaurant, #2 Ex. 16 - License Agreement between BCLLC and LLCR, #3 Ex. 17 - La Loma Menu, #4 Ex. 18 - La Loma DTC LLC OA, #5 Ex. 19 - La Loma Parker LLC OA, #6 Ex. 20 - Caldero Menu, #7 Ex. 21 - Mark Brinkerhoff Employment Separation Agreement - Redacted)(Goodman, Larissa) Modified on 4/1/2025 to add linkage (angar, ). |
| Filing 23 REPLY to Response to #3 MOTION for Temporary Restraining Order filed by Plaintiff Brinkerhoff Companies LLC. (Attachments: #1 Supplemental Declaration of William Brinkerhoff - Restricted, #2 Exhibit 15 - Restricted, #3 Exhibit 16 - Restricted, #4 Exhibit 17 - Restricted, #5 Exhibit 18 - Restricted, #6 Exhibit 19 - Restricted, #7 Exhibit 20 - Restricted, #8 Exhibit 21 - Restricted)(Goodman, Larissa) |
| RESPONSE to #19 Unopposed MOTION for Leave to File Excess Pages Motion to File a Response to Plaintiffs Motion for Preliminary Injunction in Excess of Page Limit filed by Defendants Caldero LLC, Renee Brinkerhoff (Public entry for Restricted Document #22 filed by 03/17/2025). (Text Only Entry) (ggill, ) |
| Filing 22 RESTRICTED DOCUMENT - Level 1: Response to Plaintiffs Motion for Preliminary Injunction by Defendants Caldero LLC, Renee Brinkerhoff.. (Attachments: #1 Exhibit 1 - Amended Permanent Orders)(Kostolansky, Kris) |
| Filing 21 RESPONSE to #3 MOTION for Temporary Restraining Order Preliminary Injunction filed by Defendants Caldero LLC, Renee Brinkerhoff. (Attachments: #1 Exhibit 1 - Amended Permanent Orders, #2 Exhibit 2 -2023-08-21 Hearing Transcript Volume I, #3 Exhibit 3 - Petitioner's Closing Brief, #4 Exhibit 4 - 2023-09-22 Hearing Transcript Volume VIII, #5 Exhibit 5 - Respondent's Closing Brief, #6 Exhibit 6 - 2023-09-20 Hearing Transcript Volume VII, #7 Exhibit 7 - Civil Action-Second Amended Complaint, #8 Exhibit 8 - Civil Action-Proposed Case Management Order, #9 Exhibit 9 - Civil Action-Order re Proposed CMO, #10 Exhibit 10 - 2025-03-12 Respondent's Motion for Extension, #11 Exhibit 11 - Mendoza, Inc. Articles of Incorporation, #12 Exhibit 12 - Trade Name Registration for La Loma Inc., #13 Exhibit 13 - Mendoza-BHI Articles of Dissolution)(Kostolansky, Kris) |
| Filing 20 RESTRICTED DOCUMENT - Level 1: Defendants Unopposed Motion to File a Response to Plaintiffs Motion for Preliminary Injunction in Excess of Page Limit by Defendants Caldero LLC, Renee Brinkerhoff.. (Attachments: #1 Exhibit 1 - Amended Permanent Orders)(Kostolansky, Kris) |
| Filing 19 Unopposed MOTION for Leave to File Excess Pages Motion to File a Response to Plaintiffs Motion for Preliminary Injunction in Excess of Page Limit by Defendants Caldero LLC, Renee Brinkerhoff. (Attachments: #1 Exhibit 1 - Amended Permanent Orders, #2 Proposed Order (PDF Only))(Kostolansky, Kris) |
| Filing 18 Unopposed MOTION for Leave to Restrict by Defendants Caldero LLC, Renee Brinkerhoff. (Attachments: #1 Exhibit 1 - William Brinkerhoffs Post-Trial Motion in the Divorce Proceeding, #2 Exhibit 2 - Order re William Brinkerhoffs Post-Trial Motion in the Divorce Proceeding, #3 Proposed Order (PDF Only))(Kostolansky, Kris) |
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Filing 17
ORDER by District Judge Gordon P Gallagher on 3/17/2025 re: #10 Temporary Restraining ORDER. (tlove, )
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| Filing 16 WAIVER OF SERVICE Returned Executed by Renee Brinkerhoff, Caldero LLC. (Plachy, Michael) |
| Filing 15 NOTICE of Entry of Appearance by Joy Tacy Allen Woller on behalf of All Defendants Attorney Joy Tacy Allen Woller added to party Caldero LLC(pty:dft), Attorney Joy Tacy Allen Woller added to party Renee Brinkerhoff(pty:dft) (Woller, Joy) |
| Filing 14 SUMMONS Returned Executed by Brinkerhoff Companies LLC. Renee Brinkerhoff served on 3/13/2025, answer due 4/3/2025; Caldero LLC served on 3/13/2025, answer due 4/3/2025. (Goodman, Larissa) |
| Filing 13 NOTICE of Entry of Appearance of Kris J. Kostolansky by Kris John Kostolansky on behalf of Caldero LLC, Renee BrinkerhoffAttorney Kris John Kostolansky added to party Caldero LLC(pty:dft), Attorney Kris John Kostolansky added to party Renee Brinkerhoff(pty:dft) (Kostolansky, Kris) |
| Filing 12 NOTICE of Entry of Appearance by Michael D. Plachy on behalf of Caldero LLC, Renee BrinkerhoffAttorney Michael D. Plachy added to party Caldero LLC(pty:dft), Attorney Michael D. Plachy added to party Renee Brinkerhoff(pty:dft) (Plachy, Michael) |
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Filing 11
MINUTE ORDER: The above-captioned case has been referred to Magistrate Judge Cyrus Y. Chung pursuant to an Order of Reference entered by District Judge Gordon P. Gallagher on March 12, 2025. ECF No. 9 . Proposed Scheduling Order due 5/6/2025. Scheduling Conference set for 5/13/2025 10:45 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the scheduling conference. Entered by Magistrate Judge Cyrus Y. Chung on 3/13/2025. (dgumb, ) Modified on 3/13/2025 to fix text(dgumb, ).
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Filing 10
Temporary Restraining ORDER granting #3 Motion for TRO Telephone Motion Hearing set for 3/19/2025 02:00 PM in Room 323 (Grand Junction) before District Judge Gordon P Gallagher. by District Judge Gordon P Gallagher on 3/12/2025.(gpglc4, )
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Filing 9
Order Referring Case to Magistrate Judge Cyrus Y. Chung. 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, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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. By District Judge Gordon P Gallagher on 3/12/2025. Text Only Entry (tlove, )
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| Filing 8 NOTICE of Entry of Appearance by Timothy M. Sullivan on behalf of All Plaintiffs Attorney Timothy M. Sullivan added to party Brinkerhoff Companies LLC(pty:pla) (Sullivan, Timothy) |
| Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (eluce, ) |
| Filing 6 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (eluce, ) |
| 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. (Attachments: #1 Continuation of Main Document) (eluce, ) |
| Filing 4 NOTICE of Entry of Appearance by Jessie Laura Pellant on behalf of Brinkerhoff Companies LLCAttorney Jessie Laura Pellant added to party Brinkerhoff Companies LLC(pty:pla) (Pellant, Jessie) |
| Filing 3 MOTION for Temporary Restraining Order by Plaintiff Brinkerhoff Companies LLC. (Attachments: #1 Proposed Order (PDF Only), #2 Information for TRO)(Goodman, Larissa) |
| Filing 2 RESTRICTED DOCUMENT - Level 1: Exhibit 2-A Declaration of William Brinkerhoff by Plaintiff Brinkerhoff Companies LLC.. (Goodman, Larissa) Modified on 3/12/2025 to add title (amona,). |
| Filing 1 COMPLAINT against Renee Brinkerhoff, Caldero LLC (Filing fee $ 405,Receipt Number ACODC-10207571)Attorney Larissa M. Goodman added to party Brinkerhoff Companies LLC(pty:pla), filed by Brinkerhoff Companies LLC. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 2-A - Filed Under Seal, #4 Exhibit Ex. 2-B, #5 Exhibit Ex. 2-C, #6 Exhibit Ex. 2-D, #7 Exhibit Ex. 3, #8 Exhibit Ex. 4, #9 Exhibit Ex. 5 - Redacted, #10 Exhibit Ex. 6, #11 Exhibit Ex. 7, #12 Exhibit Ex. 8, #13 Exhibit Ex. 9, #14 Exhibit Ex. 10, #15 Exhibit Ex. 11, #16 Exhibit Ex. 12, #17 Exhibit Ex. 13, #18 Exhibit Ex. 13-A, #19 Exhibit Ex. 13-B, #20 Exhibit Ex. 13-C, #21 Exhibit Ex. 13-D, #22 Civil Cover Sheet, #23 Summons, #24 Report on Filing of an Action re Trademark Part 1, #25 Report on Filing of an Action re Trademark Part 2)(Goodman, Larissa) |
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