PopSockets LLC v. Wind Group LLC
| PopSockets LLC |
| Wind Group LLC |
| 1:2025cv01344 |
| April 29, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| S Kato Crews |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2025. A more recent docket listing may be available from PACER.
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| Filing 19 Civil Case Terminated pursuant to 18 Order. Text Only Entry. (jrobe, ) |
Filing 18
ORDER This matter is before the Court on #17 Motion to/for Dismiss Without Prejudice. The motion is granted. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, this matter is dismissed without prejudice. The Clerk shall terminate this case accordingly. By Judge S. Kato Crews on 7/24/2025. Text Only Entry (skcja, )
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| Filing 17 MOTION to Dismiss by Plaintiff PopSockets LLC. (Connolly, John) |
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Filing 16
MINUTE ORDER: This matter is before the Court on a review of the docket. Given the procedural posture of this case, it is herby ORDERED that the July 17, 2025 Scheduling Conference is RESET on August 21, 2025 at 11:30 a.m. The proposed Scheduling Order shall be filed on or before August 14, 2025. It is further ORDERED that Mr. Connolly may participate in the August 21, 2025 Scheduling Conference via telephone by dialing 571-353-2301 and then entering 198033559#. Any party appearing by telephone shall mute their telephone until the conference begins and at any time they are not speaking. Entered by Magistrate Judge Cyrus Y. Chung on 07/10/2025. Text Only Entry (spric)
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Filing 15
ORDER denying Plaintiff's #11 Motion for Entry of Default Judgment (Motion).Under Federal Rule of Civil Procedure 55(b), default judgment may enter against a party who fails to appear or otherwise defend a case brought against them. However, a party is not entitled to the entry of default judgment as a matter of right. Greenwich Ins. Co. v. Daniel Law Firm, No. 07-cv-02445-LTB-MJW, 2008 WL 793606, at * 2 (D. Colo. Mar. 22, 2008) (quoting Cablevision of S. Conn. Ltd. P'ship v. Smith, 141 F. Supp. 2d 277, 281 (D. Conn. 2001)). Even after the entry of default, "it remains for the court to consider whether the unchallenged facts constitute a legitimate basis for the entry of a judgment." McCabe v. Campos, No. 05-cv-00846-RPM-BNB, 2008 WL 576245, at *2 (D. Colo. Feb. 28, 2008) (citing Black v. Lane, 22 F.3d 1395, 1407 (7th Cir. 1994)). "In determining whether a claim for relief has been established, the well-pleaded facts of the complaint are deemed true." Id. Further, the Court must determine whether it has jurisdiction over the subject matter and the defendant. Dennis Garberg & Assocs. v. Pack-Tech Int'l Corp., 115 F.3d 767, 772 (10th Cir. 1997). The decision whether to enter judgment by default is committed to the sound discretion of the district court. Olcott v. Del. Flood Co., 327 F.3d 1115, 1124 (10th Cir. 2003).Here, while the Court has subject matter jurisdiction, the #1 Complaint fails to allege sufficient facts to establish this Court has personal jurisdiction over Defendant Wind Group, LLC, or any of the John Doe Defendants. To the contrary, the Complaint alleges Wind Group is a Florida limited liability company with its offices in Florida, and fails to allege any specific acts Wind Group has taken directed towards Colorado.Further, aside from allegations identifying who the parties are, the Complaint fails to allege any specific averments about Defendant Wind Group. Carrado v. Daimler AG, No. 17-cv-3080-WJM-SKC, 2018 WL 4565562, at *3 (D. Colo. Sept. 24, 2018) (group pleading violates Rule 8). Thus, even if the Court had personal jurisdiction over Defendant Wind Group, the Complaint appears to fail to plead sufficiently specific allegations of the Wind Group's conduct sufficient to demonstrate Plaintiff is entitled to the relief it seeks. Indeed, the Motion fails to address any of the elements of any of Plaintiff's claims.The Court FURTHER ORDERS Plaintiff TO SHOW CAUSE, in writing on or before 7/29/2025, why this Court should not dismiss its Complaint for failing to allege sufficient facts demonstrating personal jurisdiction over Defendant Wind Group and its alleged liability under Plaintiff's theories.SO ORDERED by Judge S. Kato Crews on 7/8/2025. Text Only Entry (skclc3)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung 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 Judge S. Kato Crews on 7/8/2025. Text Only Entry (skcja, )
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| Filing 13 CASE REASSIGNED. Pursuant to #10 Consent to Jurisdiction of Magistrate Judge. This Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. All parties do not consent. All future pleadings should be designated as 25-cv-1344-SKC. (Text Only Entry) (tlove, ) |
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Filing 12
MINUTE ORDER: This matter is before the Court on email correspondence from counsel for the plaintiff. It is hereby ORDERED that Mr. Connolly may participate in the 7/17/2025 Scheduling Conference via telephone by dialing 571-353-2301 and then entering 198033559#. Any party appearing by telephone shall mute their telephone until the conference begins and at any time they are not speaking. Entered by Magistrate Judge Cyrus Y. Chung on 07/07/2025. Text Only Entry (spric)
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| Filing 11 MOTION for Default Judgment as to Defendant Wind Group, LLC by Plaintiff PopSockets LLC. (Attachments: #1 Affidavit, #2 Proposed Document)(Connolly, John) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff PopSockets LLC All parties do not consent.. (Connolly, John) |
| Filing 9 Clerk's ENTRY OF DEFAULT as to Wind Group LLC re #8 MOTION for Entry of Default as to Wind Group, LLC, by Clerk. Text Only Entry (norlin, ) |
| Filing 8 MOTION for Entry of Default as to Wind Group, LLC by Plaintiff PopSockets LLC. (Attachments: #1 Affidavit Declaration of John Connolly in Support of Application for Entry of Default)(Connolly, John) |
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Filing 7
MINUTE ORDER: The above captioned case has been directly assigned to Magistrate Judge Cyrus Y. Chung pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due 7/10/2025. Proposed Scheduling Order due 7/10/2025. Scheduling Conference set for 7/17/2025 11:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is further 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 5/16/2025. (dgumb, )
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| Filing 6 SUMMONS Returned Executed by PopSockets LLC. Wind Group LLC served on 5/1/2025, answer due 5/22/2025. (Connolly, John) |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (efoga, ) |
| Filing 4 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (efoga, ) |
| Filing 3 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (efoga, ) |
| Filing 2 NOTICE re #1 Complaint, REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK by Plaintiff PopSockets LLC (Connolly, John) |
| Filing 1 COMPLAINT against Wind Group LLC (Filing fee $ 405,Receipt Number ACODC-10308341)Attorney John Garland Connolly added to party PopSockets LLC(pty:pla), filed by PopSockets LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Connolly, John) |
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| Plaintiff: PopSockets LLC | |
| Represented By: | John Garland Connolly |
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| Defendant: Wind Group LLC | |
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