PS Audio, Inc. v. Allen
Plaintiff: PS Audio, Inc.
Defendant: James Allen
Case Number: 1:2018cv01094
Filed: September 18, 2018
Court: US District Court for the Western District of Michigan
Presiding Judge: Phillip J Green
Referring Judge: Paul L Maloney
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2018 Filing 36 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Mark A. Larsen; attorney admission deadline set for 11/19/2018; (anm)
September 19, 2018 Filing 35 ATTORNEY ADMISSION LETTER sent to attorney Mark A. Larsen; attorney admission deadline set for 10/17/2018; (clw)
September 19, 2018 Filing 34 NOTICE of receipt of case (clw)
September 19, 2018 Copy of Receipt of Case Notice #34 , Attorney Admission Letter #35 sent via U.S. Mail to Mark Alan Larsen, Larsen & Rico, PLLC, 170 South Main Street, Suite 1150, Salt Lake City, UT 84101 (clw) Modified text on 9/19/2018 (clw).
September 18, 2018 Filing 33 CASE TRANSFERRED IN from Colorado, their case number 1:18-cv-00206; the documents listed above were electronically transferred to the Western District of Michigan (mla)
September 17, 2018 Opinion or Order Filing 32 ORDER Adopting August 10, 2018 #31 Recommendation of United States Magistrate Judge. This case is transferred to the United States District Court for the Western District of Michigan, Southern Division. Plaintiff PS Audio, Inc.s Motion for Default Judgment (ECF No. #15 ) shall REMAIN PENDING, to be resolved by the transferee judge, by Judge William J. Martinez on 9/17/2018. (angar, ) [Transferred from Colorado on 9/18/2018.]
August 10, 2018 Filing 31 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Scott T. Varholak on 8/10/2018. This Court respectfully RECOMMENDS that this matter be transferred to the United States District Court for the Western District of Michigan, Southern Division, where it appears Defendant is domiciled. (jgonz, ) [Transferred from Colorado on 9/18/2018.]
August 2, 2018 Filing 30 RESPONSE to #29 Minute Order, on Jurisdiction and Change of Venue by Plaintiff PS Audio, Inc.. (Attachments: #1 Affidavit Second Declaration of James Laib)(Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
July 2, 2018 Opinion or Order Filing 29 MINUTE ORDER re: #15 MOTION for Default Judgment as to filed by PS Audio, Inc. Plaintiff shall file a response to this Minute Order on or before 8/2/2018, addressing whether this Court should dismiss the action for lack of jurisdiction, or transfer it to another district, by Magistrate Judge Scott T. Varholak on 7/2/2018. (jgonz, ) [Transferred from Colorado on 9/18/2018.]
May 15, 2018 Filing 28 Clerk's ENTRY OF DEFAULT as to James Allen, by Clerk. Text Only Entry (jgonz, ) [Transferred from Colorado on 9/18/2018.]
May 9, 2018 Filing 27 Second MOTION for Entry of Default as to Defendant James Allen by Plaintiff PS Audio, Inc.. (Attachments: #1 Affidavit)(Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
May 8, 2018 Filing 26 DECLARATION of Mark A. Larsen regarding MOTION for Entry of Default as to Defendant James Allen #24 by Plaintiff PS Audio, Inc.. (Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
May 8, 2018 Filing 25 CLERK'S NOTE REGARDING DEFAULT - Default will not be entered as to James Allen re #24 MOTION for Entry of Default as to Defendant James Allen as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not attached to Plaintiff's Request for Entry of Default, by Clerk. Text Only Entry. (jgonz, ) [Transferred from Colorado on 9/18/2018.]
May 7, 2018 Filing 24 MOTION for Entry of Default as to Defendant James Allen by Plaintiff PS Audio, Inc.. (Attachments: #1 Proposed Document)(Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
May 7, 2018 Opinion or Order Filing 23 ORDER This matter is before the Court on #12 Motion for Default Judgment and #15 Motion for Default Judgment. The two motions were filed on the same day and appear to be identical, with the exception that #15 Motion for Default Judgment includes a proposed order that was not included with #12 Motion for Default Judgment. Accordingly, #12 Motion for Default Judgment is DENIED AS MOOT. Pursuant to Rule 55, [e]ntry of a default judgment involves a two-step process. Meyers v. Pfizer, Inc., 581 F. App'x 708, 710 (10th Cir. 2014) (citing Fed.R.Civ.P. 55(a)-(b)). If the defendant fails to timely respond to the complaint, the plaintiff can request entry of a default by the court clerk pursuant to Rule 55(a). Id. If the clerk enters a default, the plaintiff can [then] ask the court to grant a default judgment. Id. Here, Plaintiff has not yet completed step one of this processi.e., Plaintiff has not obtained an entry of default from the Clerk of Court pursuant to Rule 55(a). Accordingly, the Court directs Plaintiff to file a motion for entry of default on or before May 21, 2018 and DEFERS RULING on #15 Motion for Default Judgment until the Clerk of Court has ruled upon the motion for entry of default. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/07/2018. Text Only Entry (stvlc1, ) [Transferred from Colorado on 9/18/2018.]
May 7, 2018 Filing 22 MEMORANDUM regarding #15 MOTION for Default Judgment as to filed by PS Audio, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 5/7/2018. Text Only Entry (wjmsec, ) [Transferred from Colorado on 9/18/2018.]
May 7, 2018 Filing 21 MEMORANDUM regarding #12 MOTION for Default Judgment as to Defendant James Allen filed by PS Audio, Inc.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 5/7/2018. Text Only Entry (wjmsec, ) [Transferred from Colorado on 9/18/2018.]
May 7, 2018 Opinion or Order Filing 20 MINUTE ORDER In light of the pending Motions for Default Judgment, the Status Conference set for 5/14/2018 10:30 AM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/07/2018. Text Only Entry (stvlc1, ) [Transferred from Colorado on 9/18/2018.]
April 3, 2018 Opinion or Order Filing 19 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 4/3/2018. Text Only Entry (wjmsec, ) [Transferred from Colorado on 9/18/2018.] Modified text on 9/18/2018 (mla)
April 3, 2018 Opinion or Order Filing 18 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 4/3/2018. Text Only Entry (wjmsec, ) [Transferred from Colorado on 9/18/2018.]
April 2, 2018 Filing 17 CASE REASSIGNED pursuant to 16 Minute Order. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-00206-WJM. (Text Only Entry) (jgonz, ) [Transferred from Colorado on 9/18/2018.]
April 2, 2018 Opinion or Order Filing 16 MINUTE ORDER In light of #12 Motion for Default Judgment and pursuant to D.C.COLO.LCivR 40.1(c)(3(a), the Court directs the Clerk of Court to reassign this case to a District Judge. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/02/2018. Text Only Entry (stvlc1, ) [Transferred from Colorado on 9/18/2018.]
April 2, 2018 Filing 15 MOTION for Default Judgment as to by Plaintiff PS Audio, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
April 2, 2018 Filing 14 AFFIDAVIT re #12 MOTION for Default Judgment as to Defendant James Allen by Plaintiff PS Audio, Inc.. (Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
April 2, 2018 Filing 13 BRIEF in Support of #12 MOTION for Default Judgment as to Defendant James Allen filed by Plaintiff PS Audio, Inc.. (Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
April 2, 2018 Filing 12 MOTION for Default Judgment as to Defendant James Allen by Plaintiff PS Audio, Inc.. (Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
March 21, 2018 Opinion or Order Filing 11 MINUTE ORDER In light of #9 Motion for Entry of Default and given that Defendant has not yet filed an appearance, the Scheduling Conference set for 3/30/2018 10:00 AM is VACATED and RESET as a Telephonic Status Conference on 5/14/2018 10:30 AM before Magistrate Judge Scott T. Varholak. Counsel for Plaintiff shall initiate a call among all individuals participating in the conference and then call the Court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/21/2018. Text Only Entry (stvlc1, ) [Transferred from Colorado on 9/18/2018.]
March 12, 2018 Filing 10 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to James Allen re #9 MOTION for Entry of Default as to as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed, the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed, by Clerk. Text Only Entry (jgonz, ) [Transferred from Colorado on 9/18/2018.]
March 10, 2018 Filing 9 MOTION for Entry of Default as to Defendant James Allen by Plaintiff PS Audio, Inc.. (Larsen, Mark) Modified on 3/12/2018 to correct event(jgonz, ). [Transferred from Colorado on 9/18/2018.]
February 16, 2018 Filing 8 SUMMONS Returned Executed by PS Audio, Inc.. James Allen served on 2/15/2018, answer due 3/8/2018. (Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
January 29, 2018 Opinion or Order Filing 7 ORDER setting Scheduling Conference for 3/30/2018 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Consent Form due by 3/16/2018, by Magistrate Judge Scott T. Varholak on 1/29/2018. (jgonz, ) [Transferred from Colorado on 9/18/2018.]
January 29, 2018 Filing 6 AMENDED COMPLAINT against James Allen, filed by PS Audio, Inc..(Larsen, Mark) [Transferred from Colorado on 9/18/2018.]
January 26, 2018 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. (rsams, ) [Transferred from Colorado on 9/18/2018.] Modified text on 9/18/2018 (mla)
January 26, 2018 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rsams, ) [Transferred from Colorado on 9/18/2018.]
January 26, 2018 Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (rsams, ) [Transferred from Colorado on 9/18/2018.]
January 26, 2018 Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Mark A. Larsen. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rsams, ) [Transferred from Colorado on 9/18/2018.] Modified text on 9/18/2018 (mla)
January 26, 2018 Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 400,Receipt Number 1082-5915253)Attorney Mark Alan Larsen added to party PS Audio, Inc.(pty:pla), filed by PS Audio, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons)(Larsen, Mark) [Transferred from Colorado on 9/18/2018.]

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Plaintiff: PS Audio, Inc.
Represented By: Mark Alan Larsen
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Defendant: James Allen
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