Acton Academy v. Apogee COS et al
| Acton Academy |
| Apogee COS, Tim Kennedy and Matt Beaudreau |
| 1:2025cv03696 |
| November 17, 2025 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Nina Y Wang |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2026. A more recent docket listing may be available from PACER.
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| Filing 38 Civil Case Terminated pursuant to 37 Minute Order to dismiss filed in this case on 5/6/2026. Text Only Entry (ggill, ) |
Filing 37
MINUTE ORDER: This matter is before the Court on the #36 Stipulation of Dismissal, which is a self-effectuating stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Plaintiff's claims were dismissed without prejudice as of the filing of the Stipulation. The #13 Motion to Dismiss and #16 Motion to Remand are DENIED as moot. The Clerk of Court is directed to terminate this case. By Judge Nina Y. Wang on 5/6/2026. Text Only Entry(nywlc8, )
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| Filing 36 STIPULATION of Dismissal of Case by Plaintiff Acton Academy. (Hendrickson, Christian) |
| Filing 35 NOTICE of Ruling by Plaintiff Acton Academy (Attachments: #1 Exhibit Order Granting Motion to Remand, #2 Exhibit Notice of Removal and Complaint, #3 Exhibit Motion to Remand, #4 Exhibit Response in Opposition to Motion to Remand, #5 Exhibit Reply in Support of Motion to Remand)(Carlin, Charles) |
| Filing 34 NOTICE of Entry of Appearance by Kevin J. Terrazas on behalf of All Defendants Attorney Kevin J. Terrazas added to party Apogee COS(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) |
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Filing 33
MINUTE ORDER granting #17 Plaintiff's Motion to Stay Pending Resolution of Acton Academy's Motion to Remand. Upon review of #17 Plaintiff's Motion, #20 Defendant's Response, and #24 Plaintiff's Reply, the Court determines that a stay is appropriate. Consistent with the Court's ruling at ECF 27, all deadlines are stayed pending resolution of the #16 Motion to Remand. The Court revises its order at ECF 27 with regard to the joint status report. Parties are directed to file a joint status report within ten (10) days of resolution of the #16 Motion to Remand, to the extent this case remains in federal court at such time, to allow the Court to determine whether a new proposed scheduling order deadline is warranted. The joint status report shall include updates on any related cases which remain in federal court. By Magistrate Judge Maritza Dominguez Braswell on 1/21/2026. Text Only Entry (mdblc6.)
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| Filing 32 MEMORANDUM regarding #17 MOTION to Stay filed by Acton Academy. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Nina Y. Wang on 1/16/2026. Text Only Entry (nywlc8, ) |
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Filing 31
ORDER REFERRING CASE: This case is referred to Magistrate Judge Maritza Dominguez Braswell 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 her 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 1/15/2026. Text Only Entry (nywlc8, )
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| Filing 30 CASE REASSIGNED Pursuant to #29 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 25-cv-03696-NYW. (Text Only Entry) (jrobe, ) |
| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Acton Academy All parties do not consent.. (Carlin, Charles) |
| Filing 28 NOTICE of Filing of Response in Opposition to Motion to Consolidate by Plaintiff Acton Academy (Attachments: #1 Exhibit 1)(Carlin, Charles) |
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Filing 27
MINUTE ORDER: The #26 Joint Motion for Extension of Time to Submit Scheduling Order is GRANTED. The proposed scheduling order deadline is vacated. Within fourteen (14) days after the Court has ruled on the #13 Motion to Dismiss and #16 Motion to Remand, the parties shall file a joint status report apprising the Court of any remaining disputes and proposing a new scheduling order deadline. The #26 Joint Motion does not request an extension to submit a consent form, and the deadline for the consent form remains January 14, 2026. By Magistrate Judge Maritza Dominguez Braswell on 1/13/2026. Text Only Entry (mdblc6.)
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| Filing 26 Joint MOTION for Extension of Time to Submit Scheduling Order by Plaintiff Acton Academy. (Attachments: #1 Proposed Order (PDF Only))(Carlin, Charles) |
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Filing 25
MINUTE ORDER: The motion hearing previously set for January 8, 2026, is vacated. By Magistrate Judge Maritza Dominguez Braswell on 1/5/2026. Text Only Entry (mdblc6.)
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| Filing 24 REPLY to Response to #17 MOTION to Stay Plaintiff Acton Academy's Reply in Support of Motion to Stay filed by Plaintiff Acton Academy. (Fetter, Kellie) |
| Filing 23 REPLY to Response to #16 MOTION to Remand Plaintiff Action Academy's Reply in Support of its Motion to Remand filed by Plaintiff Acton Academy. (Carlin, Charles) |
| Filing 22 RESPONSE to #16 MOTION to Remand Defendants' Response in Opposition of Plaintiff's Motion to Remand filed by Defendants Apogee COS, 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 - Wineland Declaration)(McFarland, M.) |
| Filing 21 NOTICE of Filing of Motion to Consolidate by Defendants Apogee COS, Matt Beaudreau, Tim Kennedy (McFarland, M.) |
| Filing 20 RESPONSE to #17 MOTION to Stay Defendants' Opposition to Plaintiff's Motion to Stay filed by Defendants Apogee COS, Matt Beaudreau, Tim Kennedy. (McFarland, M.) |
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MINUTE ORDER: Correcting setting format. By Magistrate Judge Maritza Dominguez Braswell on 12/15/2025. Text Only Entry (mdblc6.)
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Filing 19
MINUTE ORDER: MINUTE ORDER: The motion hearing set for January 8, 2026, at 10:30 AM is reset IN FORMAT ONLY. The hearing will take place via video teleconference. Remote attendance instructions are attached. By Magistrate Judge Maritza Dominguez Braswell on 12/9/2025. Text Only Entry (mdblc6.)
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Filing 18
MINUTE ORDER: A hearing on Plaintiff's #17 Motion to Stay is set for January 8, 2026, at 10:30 AM before Magistrate Judge Maritza Dominguez Braswell. The hearing is set in person in Courtroom 101 of the US District Court for the District of Colorado at Colorado Springs, located at 212 North Wahsatch Avenue, Colorado Springs, Colorado. Defendants' response brief is due by December 23, 2025. Plaintiff's reply is due by January 2, 2026. All deadlines except those associated with the #16 Motion to Remand are temporarily stayed pending resolution of the Motion to Stay. By Magistrate Judge Maritza Dominguez Braswell on 12/9/2025. Text Only Entry (mdblc6.)
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| Filing 17 MOTION to Stay by Plaintiff Acton Academy. (Carlin, Charles) |
| Filing 16 MOTION to Remand by Plaintiff Acton Academy. (Carlin, Charles) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Carlin, Charles) |
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Filing 14
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 1/14/2026. Proposed Scheduling Order due 1/14/2026.By Magistrate Judge Maritza Dominguez Braswell on 11/28/2025. (evaug)
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| Filing 13 MOTION to Dismiss by Defendants Apogee COS, 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 12 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 11 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 10 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 9 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 8 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (echa, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Cover Sheet, Complaint upon Matt Beaudreau on 10/9/2025. (echa, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons, Complaint and Cover Sheet upon Tim Kennedy on 10/8/2025. (echa, ) |
| Filing 5 Verified COMPLAINT for Injunctive Relief and Jury Demand against Apogee COS, Matt Beaudreau, Tim Kennedy, filed by Acton Academy.(echa, ) |
| Filing 4 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. (echa, ) |
| Filing 3 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 2 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 1 NOTICE OF REMOVAL by Matt Beaudreau, Tim Kennedy, Apogee COS from El Paso District Court, Case Number 2025CV32136. (Filing fee $ 405, Receipt Number ACODC-10668116), filed by Matt Beaudreau, Tim Kennedy, Apogee COS. (Attachments: #1 Exhibit 1 - State Court docket Sheet, #2 Exhibit 2 - Verified Complaint for Injunctive Relief and Jury Demand, #3 Exhibit 3 - District Court Civil (CV) Cover Sheet, #4 Exhibit 4 - District Court Civil Summons to Apogee COS, #5 Exhibit 5 - District Court Civil Summons to Tim Kennedy, #6 Exhibit 6 - District Court Civil Summons to Matt Beaudreau, #7 Exhibit 7 - Return of Service for Ted Kennedy, #8 Exhibit 8 - Return of Service for Matt Beaudreau)(McFarland, M.) |
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