Acton Academy v. Apogee West Slope LLC et al
| Acton Academy |
| Apogee West Slope LLC, Tim Kennedy and Matt Beaudreau |
| 1:2025cv03597 |
| November 10, 2025 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Charlotte N Sweeney |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
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Filing 32
MINUTE ORDER: Pursuant to #31 Stipulation of Dismissal, this case is dismissed without prejudice; each party to bear their own fees and costs. By Judge Charlotte N. Sweeney on 5/7/26. Text Only Entry (jdyne, )
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| Filing 31 STIPULATION of Dismissal of Case by Plaintiff Acton Academy. (Hendrickson, Christian) |
| Filing 30 NOTICE of Ruling by Plaintiff Acton Academy (Attachments: #1 Exhibit 1 - Order Granting Motion to Remand, #2 Exhibit 2 - Notice of Removal and Complaint, #3 Exhibit 3 - Motion to Remand, #4 Exhibit 4 - Response in Opposition to Motion to Remand, #5 Exhibit 5 - Reply in Support of Motion to Remand)(Carlin, Charles) |
| Filing 29 NOTICE of Entry of Appearance by Kevin J. Terrazas on behalf of All Defendants Attorney Kevin J. Terrazas added to party Apogee West Slope LLC(pty:dft), Attorney Kevin J. Terrazas added to party Matt Beaudreau(pty:dft), Attorney Kevin J. Terrazas added to party Tim Kennedy(pty:dft) (Terrazas, Kevin) |
| Filing 28 NOTICE of Filing of Response in Opposition to Motion to Consolidate by Plaintiff Acton Academy (Attachments: #1 Exhibit 1)(Carlin, Charles) |
| Filing 27 REPLY to Response to #15 MOTION to Stay Plaintiff Acton Academy's Reply in Support of Motion to Stay filed by Plaintiff Acton Academy. (Fetter, Kellie) |
| Filing 26 REPLY to Response to #14 MOTION to Remand filed by Plaintiff Acton Academy. (Carlin, Charles) |
| Filing 25 REPLY to Response to #12 MOTION to Dismiss Defendants' Reply in Support of Its Motion to Dismiss filed by Defendants Apogee West Slope LLC, Matt Beaudreau, Tim Kennedy. (Attachments: #1 Exhibit 1 to Defendants' Reply in Support of its Motion to Dismiss)(McFarland, M.) |
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Filing 24
MINUTE ORDER: Upon review of the filings in this case, defense counsel are ordered to review this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(a) which can be found #here. All future filings shall be made in Arial 12-point font. The Court may summarily strike future filings that do not comply. By Judge Charlotte N. Sweeney on 12/30/2025. Text Only Entry (cnsja, )
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| Filing 23 RESPONSE to #15 MOTION to Stay Defendants' Opposition to Plaintiff's Motion to Stay filed by Defendants Apogee West Slope LLC, Matt Beaudreau, Tim Kennedy. (McFarland, M.) |
| Filing 22 RESPONSE to #14 MOTION to Remand Defendants' Response in Opposition of Plaintiff's Motion to Remand filed by Defendants Apogee West Slope LLC, Matt Beaudreau, Tim Kennedy. (Attachments: #1 Exhibit 1 - Western District Complaint, #2 Exhibit 2 - Laura Sandefer's Depo, #3 Exhibit 3 - Jeff Sandefer's Email, #4 Exhibit 4 - Declaration of S. Holmes)(McFarland, M.) |
| Filing 21 NOTICE of Filing of Motion to Consolidate by Defendants Apogee West Slope LLC, Matt Beaudreau, Tim Kennedy (McFarland, M.) |
| Filing 20 RESPONSE to #12 MOTION to Dismiss filed by Plaintiff Acton Academy. (Attachments: #1 Exhibit)(Carlin, Charles) |
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Filing 19
ORDER granting #18 Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss #12 . The Plaintiff's response is now due on or before 12/26/2025. By Judge Charlotte N. Sweeney on 12/9/2025. Text Only Entry(cnsja, )
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| Filing 18 Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by Plaintiff Acton Academy. (Attachments: #1 Proposed Order (PDF Only))(Carlin, Charles) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 Local Civ. R. 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, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. Motion to Remand, ECF No. #14 , and Motion to Stay, ECF No. #15 , are referred to Magistrate Judge Timothy P O'Hara. By Judge Charlotte N. Sweeney on 12/9/2025. Text Only Entry (cnsja, )
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Filing 16
MINUTE ORDER. This case has been directly assigned to me pursuant to D.C.COLO.LCivR 40.1. In light of Plaintiff's request for preliminary injunctive relief in its Verified Complaint [ECF #7 ], the Court directs the Clerk of Court to reassign this civil action to a District Judge. Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action shall not be directly assigned to a magistrate judge when a motion for injunctive relief has been filed. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). By Magistrate Judge Timothy P. O'Hara on 12/9/2025. (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 25-cv-03597-CNS). (ggill, )
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| Filing 15 MOTION to Stay by Plaintiff Acton Academy. (Carlin, Charles) |
| Filing 14 MOTION to Remand by Plaintiff Acton Academy. (Carlin, Charles) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Carlin, Charles) |
| Filing 12 MOTION to Dismiss by Defendants Apogee West Slope LLC, Matt Beaudreau, Tim Kennedy. (Attachments: #1 Exhibit 1 to Motion to Dismiss, #2 Exhibit 2 to Motion to Dismiss, #3 Exhibit 3 to Motion to Dismiss, #4 Exhibit 4 to Motion to Dismiss, #5 Proposed Order (PDF Only))(McFarland, M.) |
| Filing 11 NOTICE of Entry of Appearance by Christian Heath Hendrickson on behalf of Acton AcademyAttorney Christian Heath Hendrickson added to party Acton Academy(pty:pla) (Hendrickson, Christian) |
| Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) |
| Filing 9 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (echa, ) |
| Filing 8 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) (echa, ) |
| Filing 7 VERIFIED COMPLAINT for Injunctive Relief and Jury Demand against Apogee West Slope LLC, Matt Beaudreau, Tim Kennedy, filed by Acton Academy.(echa, ) |
| Filing 6 ADMINISTRATIVE NOTICE to filer of non-compliance with Notice of Removal case opening procedures. Pursuant to Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. Section 1446a, each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry.) (echa, ) |
| Filing 5 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (echa, ) |
| Filing 4 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (echa, ) |
| Filing 3 NOTICE of Entry of Appearance by Charles W. Carlin on behalf of Acton AcademyAttorney Charles W. Carlin added to party Acton Academy(pty:pla) (Carlin, Charles) |
| Filing 2 NOTICE of Entry of Appearance by Kellie Nelson Fetter on behalf of Acton AcademyAttorney Kellie Nelson Fetter added to party Acton Academy(pty:pla) (Fetter, Kellie) |
| Filing 1 NOTICE OF REMOVAL by Matt Beaudreau, Tim Kennedy, Apogee West Slope LLC from Mesa County District Court, Case Number 2025CV30410. (Filing fee $ 405, Receipt Number ACODC-10656405), filed by Matt Beaudreau, Tim Kennedy, Apogee West Slope LLC. (Attachments: #1 Plaintiff's Verified Complaint for Injunctive Relief and Jury Demand, #2 Returns of Service, #3 District Court Civil Cover Sheet)(McFarland, M.) |
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