Veritiv Landsberg v. Kim et al
| Veritiv Landsberg |
| Tacy Kim and Ernest Colorado, Inc. |
| 1:2025cv02471 |
| August 8, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Defend Trade Secrets Act (of 2016) |
| 18 U.S.C. § 1836 (a) Injunction against Misappropriation of Trade Secrets |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 51 REPLY to Response to #41 MOTION for Contempt and for Contempt Sanctions filed by Plaintiff Veritiv Landsberg. (Attachments: #1 Supplemental Declaration of Joshua Salinas)(Salinas, Daniel) |
| Filing 50 RESPONSE to #41 MOTION for Contempt and for Contempt Sanctions filed by Defendant Ernest Colorado, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rotter, Stephen) |
| Filing 49 RESPONSE to #41 MOTION for Contempt and for Contempt Sanctions Defendant Kim's Response to Plaintiff's Motion for an Order Finding Defendants in Contempt Attorney Noel P. Trowbridge added to party Tacy Kim(pty:dft) filed by Defendant Tacy Kim. (Attachments: #1 Affidavit Declaration of Tacy Kim, #2 Affidavit Declaration of Counsel, #3 Exhibit Exhibit 1 Deposition Transcript)(Trowbridge, Noel) |
| Filing 48 MINUTE ENTRY for Discovery Hearing held on 12/17/2025 before Magistrate Judge Scott T. Varholak: ORDERED: Defendant, Tacy Kim, shall respond to Interrogatory #4. #45 Defendant, Ernest Colorado, Inc.s Motion to Reset Hearing and Briefing Schedule for Plaintiff's Motion for Contempt #41 is GRANTED. The Motion Hearing set for 1/13/2026 at 2:30 p.m. is VACATED and RESET for 02/5/2026 at 1:30 p.m. in Courtroom A 402 before Chief Magistrate Judge Scott T. Varholak. Responses to the motion shall be filed by 01/20/2026 and replies may be filed by 01/29/2026. A Discovery Hearing will be held at the same time as the Motion Hearing set above on 02/05/2026 at 1:30 p.m. in Courtroom A 402 before Chief Magistrate Judge Scott T. Varholak. On or before 01/29/2026, the parties shall submit via email to [email protected] an updated brief joint statement that sets forth the issues to be resolved by the Court and the parties' respective positions on each issue. FTR: A402. (msmot, ) |
Filing 47
MEMORANDUM regarding #21 MOTION for Order to filed by Veritiv Landsberg, #30 MOTION for Order to filed by Veritiv Landsberg. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/17/2025. Text Only Entry (pabsec, )
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| Filing 46 MEMORANDUM regarding #45 MOTION to Reset Hearing and Briefing Schedule for Plaintiff's Motion #41 filed by Ernest Colorado, Inc.Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/17/2025. Text Only Entry (pabsec, ) |
| Filing 45 MOTION to Reset Hearing and Briefing Schedule for Plaintiff's Motion #41 by Defendant Ernest Colorado, Inc.. (Rotter, Stephen) |
| Filing 44 NOTICE of Entry of Appearance by Matthew E. Costello on behalf of Ernest Colorado, Inc.Attorney Matthew E. Costello added to party Ernest Colorado, Inc.(pty:dft) (Costello, Matthew) |
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Filing 43
MINUTE ORDER This matter is before the Court on #41 Motion. The Court sets the following expedited briefing schedule: Defendants shall respond to the Motion on or before 12/29/2025. Plaintiff may then reply on or before 1/5/2026. The Court sets a Motion Hearing for 1/13/2026 at 02:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/15/2025. Text Only Entry (stvlc6, )
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| Filing 42 MEMORANDUM regarding #41 MOTION for Contempt and for Contempt Sanctions filed by Veritiv Landsberg. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/15/2025. Text Only Entry (pabsec, ) |
| Filing 41 MOTION for Contempt and for Contempt Sanctions by Plaintiff Veritiv Landsberg. (Attachments: #1 Memorandum of Law, #2 Declaration of D. Joshua Salinas, #3 Proposed Order (PDF Only))(Salinas, Daniel) |
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Filing 40
MINUTE ORDER Per the request of the parties, the Court sets a Discovery Hearing on 12/17/2025 at 03:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 12/12/2025, the parties shall submit via email to [email protected] a brief joint statement that sets forth the issues to be resolved by the Court and the parties' respective positions on each issue. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/2/2025. Text Only Entry (stvlc6, )
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| Filing 39 REPLY to #30 Notice (Other) IN SUPPORT OF PLAINTIFF'S PROPOSED FORENSIC PROTOCOL by Plaintiff Veritiv Landsberg. (Attachments: #1 Declaration of Joshua Salinas)(Salinas, Daniel) |
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Filing 38
ORDER Before the Court is Defendant Ernest's Motion for Protective Order Precluding Discovery Related to Former Veritiv Employees (the "Motion") [#36]. The Motion has been referred to this Court. [#37] Through the Motion, Defendant Ernest seeks to limit both currently propounded discovery and future discovery requests. [#36] Pursuant to the Uniform Civil Practice Standards for the United States Magistrate Judges: "To avoid unnecessary and expensive motions practice, a party may not file an opposed discovery motion without first complying with these discovery dispute procedures. Filing a disputed discovery motion without permission from the Court may result in the motion being stricken and the imposition of appropriate sanctions." D.C.COLO.MJ VI.1. At the scheduling conference, held less than a month ago, all counsel were advised "to review the Uniform Civil Practice Standards for Magistrate Judges, especially for the manner in which it addresses discovery disputes." [#31 at 2 (emphasis added)] Because the Motion was filed in violation of these practice standards and in violation of this Court's express advisement to follow these practice standards, the Motion is STRICKEN. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/24/2025. Text Only Entry(stvlc6, )
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Filing 37
MEMORANDUM regarding #36 MOTION for Protective Order filed by Ernest Colorado, Inc. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 11/24/2025. Text Only Entry (pabsec, )
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| Filing 36 MOTION for Protective Order by Defendant Ernest Colorado, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rotter, Stephen) |
| Filing 35 STIPULATION PROTECTIVE ORDER by Plaintiff Veritiv Landsberg. (Salinas, Daniel) |
| Filing 34 RESPONSE to Plaintiff's Submission of Proposed Forensic Protocol by Defendant Tacy KimAttorney David B. Law added to party Tacy Kim(pty:dft). (Law, David) |
| Filing 33 NOTICE re #30 Notice (Other) Response to Plaintiff's Notice/Motion for Forensic Protocol by Defendant Ernest Colorado, Inc. (Attachments: #1 Exhibit 1)(Rotter, Stephen) |
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Filing 32
SCHEDULING ORDER by Magistrate Judge Scott T. Varholak on 10/28/2025. (schap, )
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| Filing 31 MINUTE ENTRY for Telephonic Scheduling Conference held before Magistrate Judge Scott T. Varholak on 10/28/2025. Discovery due by 6/9/2026. Dispositive Motions due by 7/24/2026. Final Pretrial Conference set for 9/17/2026 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: A402. (schap, ) |
| Filing 30 NOTICE Of Plaintiffs Submission Of Proposed Forensic Protocol by Plaintiff Veritiv Landsberg (Salinas, Daniel) Modified on 12/17/2025 to add gavel.(sphil, ). |
| Filing 29 Proposed Scheduling Order by Plaintiff Veritiv Landsberg. (Salinas, Daniel) |
| Filing 28 NOTICE of Entry of Appearance for Plaintiff by Eric Fristedt Barton on behalf of Veritiv LandsbergAttorney Eric Fristedt Barton added to party Veritiv Landsberg(pty:pla) (Barton, Eric) |
| Filing 27 CERTIFICATE DEFENDANT TACY KIMS INITIAL Fed. R. Civ. P. 26(a)(1) DISCLOSURES by Defendant Tacy Kim. (Scherer, James) |
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Filing 26
ORDER granting #24 Unopposed Motion to Reset Scheduling Conference. The Court VACATES the Scheduling Conference set for 10/7/2025 and RESETS for 10/28/2025 at 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 10/21/2025. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/2/2025. Text Only Entry(stvlc6, )
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| Filing 25 MEMORANDUM regarding #24 MOTION to Reset Scheduling Conference filed by Ernest Colorado, Inc.. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 10/2/2025. (pablc7, ) |
| Filing 24 MOTION to Reset Scheduling Conference by Defendant Ernest Colorado, Inc.. (Rotter, Stephen) |
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Filing 23
MINUTE ORDER Per parties' request, telephonic appearances will be permitted at the 10/7/2025 Scheduling Conference. All parties that wish to participate in the Scheduling Conference by telephone may do so by calling 571-353-2301 at the scheduled time and using Meeting ID: 252821415#. The participants may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/30/2025. Text Only Entry (stvlc7, )
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| Filing 22 ANSWER to #1 Complaint, by Ernest Colorado, Inc..(Rotter, Stephen) |
| Filing 21 NOTICE OF SUBMISSION OF DRAFT FORENSIC PROTOCOL by Plaintiff Veritiv Landsberg (Salinas, Daniel) Modified on 12/17/2025 to add gavel. (sphil, ). |
| Filing 20 ANSWER to Complaint by Tacy Kim.(Scherer, James) |
| Filing 19 NOTICE of Entry of Appearance of Plaintiff's Counsel by Robert Catron Stevens on behalf of Veritiv LandsbergAttorney Robert Catron Stevens added to party Veritiv Landsberg(pty:pla) (Stevens, Robert) |
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Filing 18
ORDER This matter is before the Court on #7 Motion to Expedite Discovery. In light of the parties' #14 Stipulated Preliminary Injunction Order, the Court MOOTS the #7 Motion. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/25/2025. Text Only Entry(stvlc6, )
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| Filing 17 MEMORANDUM regarding #7 MOTION to Expedite Discovery and Request for Expedited Ruling filed by Veritiv Landsberg. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 8/18/2025. Text Only Entry (pabsec, ) |
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Filing 16
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 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 non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 8/18/2025. Text Only Entry (pabsec, )
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Filing 15
ORDER by Chief Judge Philip A. Brimmer on 8/18/2025, re: STIPULATION - Preliminary Injunction Order. (tlove, )
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| Filing 14 STIPULATION - Preliminary Injunction Order by Plaintiff Veritiv Landsberg. (Salinas, Daniel) |
| Filing 13 MINUTE ENTRY for proceedings held before Chief Judge Philip A. Brimmer: Motion Hearing held on 8/15/2025. Parties shall submit a proposed form of order by Friday, August 15, 2025. Court Reporter: Janet Coppock. (rkeec) |
| Filing 12 NOTICE of Entry of Appearance of Joshua Salinas by Daniel Joshua Salinas on behalf of Veritiv LandsbergAttorney Daniel Joshua Salinas added to party Veritiv Landsberg(pty:pla) (Salinas, Daniel) |
| Filing 11 DEFENDANT TACY KIMS RESPONSE TO PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER ANSWER to #1 Complaint, Attorney James F. Scherer added to party Tacy Kim(pty:dft) by Tacy Kim. (Attachments: #1 Exhibit Signed Declaration)(Scherer, James) |
| Filing 10 RESPONSE to #6 Emergency MOTION for Temporary Restraining Order Attorney Stephen B. Rotter added to party Ernest Colorado, Inc.(pty:dft) filed by Defendant Ernest Colorado, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rotter, Stephen) |
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Filing 9
MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/14/2025 re: #6 Plaintiff's Emergency Motion for Temporary Restraining Order. The Court will hold a temporary restraining order hearing on Friday, August 15, 2025 at 1:30 p.m. for one hour in Courtroom A701 before Chief Judge Philip A. Brimmer. The defendants shall file responses to Plaintiff's Emergency Motion for Temporary Restraining Order [Docket No. 6] on or before Friday, August 15, 2025 at 10:00 a.m. Plaintiff shall provide a copy of this order to both defendants no later than 8:00 p.m. (MT) on August 14, 2025. (pabsec, )
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| Filing 8 CASE REASSIGNED Pursuant to #6 Emergency MOTION for Temporary Restraining Order . Case randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 25-cv-02471-PAB. (Text Only Entry) (jrobe, ) |
| Filing 7 MOTION to Expedite Discovery and Request for Expedited Ruling by Plaintiff Veritiv Landsberg. (Attachments: #1 Exhibit 1 - Veritiv - Expedited Interrogatories to Ernest - DRAFT, #2 Exhibit 2 - Veritiv - Expedited RFPs to Ernest - DRAFT, #3 Exhibit 3 - Veritiv - Expedited RFPs to Kim - DRAFT, #4 Exhibit 4 - Veritiv - Expedited ROGs to Kim - DRAFT)(McCalla, Hannah) |
| Filing 6 Emergency MOTION for Temporary Restraining Order by Plaintiff Veritiv Landsberg. (Attachments: #1 Declaration of Amy Brandt, #2 Exhibit A - Agreement regarding Inventions and Confidential Information, #3 Exhibit B - July 25, 2025 Email Correspondence, #4 Declaration of Barry Brillheart, #5 Declaration of Greg Jensen, #6 Exhibit A - March 7, 2025 Email, #7 Exhibit B - May 15, 2025 Email, #8 Exhibit C - July 2, 2025 Email, #9 Exhibit D - July 9, 2025 Email, #10 Exhibit E - July 9, 2025 Email, #11 Exhibit F - July 14, 2025 Email, #12 Exhibit G - January 21, 2025 Email, #13 Decl. of D. Joshua Salinas, #14 Exhibit A - July 28, 2025 Correspondence, #15 Exhibit B - July 28, 2025 Correspondence, #16 Proposed Order (PDF Only))(McCalla, Hannah) Modified on 8/18/2025 to remove gavel per chambers (tlove, ). |
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Filing 5
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 8/11/2025. Consent Form due by 9/23/2025. Proposed Scheduling Order due 9/30/2025. Scheduling Conference set for 10/7/2025 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (eguth, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (McCalla, Hannah) |
| Filing 1 COMPLAINT against Ernest Colorado, Inc., Tacy Kim (Filing fee $ 405,Receipt Number ACODC-10486531)Attorney Hannah Seifert McCalla added to party Veritiv Landsberg(pty:pla), filed by Veritiv Landsberg. (Attachments: #1 Exhibit A - Agreement regarding Inventions and Confidential Information, #2 Summons, #3 Civil Cover Sheet)(McCalla, Hannah) |
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