Blue Sky The Color of Imagination, LLC v. Noteworthy Paper and Press, Inc.

Justia Dockets & Filings Ninth Circuit Montana District Court Blue Sky The Color of Imagination, LLC v. Noteworthy Paper and Press, Inc.

Blue Sky The Color of Imagination, LLC v. Noteworthy Paper and Press, Inc.

Plaintiff:	Blue Sky The Color of Imagination, LLC
Defendant:	Notworthy Paper and Press. Inc. and Noteworthy Paper and Press. Inc.
Case Number:	9:2020cv00025
Filed:	March 2, 2020
Court:	US District Court for the District of Montana
Presiding Judge:	Dana L Christensen
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 21, 2020	Filing 48 AFFIDAVIT/DECLARATION Acknowledgment of Terms of Pro Hac Vice Admission by Blue Sky The Color of Imagination, LLC. (Genovese, Laura)
April 20, 2020	Filing 47 Notice of Undeliverable Electronic Notice: re #46 Order on Motion to Appear Pro Hac Vice, #45 MOTION Laura A. Genovese to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2470209.). Name of attorney whose NEF was undeliverable: Amy E Burke. (MRC)
April 17, 2020	Filing 46 ORDER granting #45 Motion to Appear Pro Hac Vice - Laura A. Genovese for Plaintiff. Signed by Judge Dana L. Christensen on 4/17/2020. (ASG)
April 17, 2020	Remark: All non-local and non-moved PHV attorney notices have been turned off as of this date. (ASG)
April 16, 2020	Filing 45 MOTION Laura A. Genovese to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2470209.) John F. Haffey appearing for Counter Defendant Blue Sky The Color of Imagination, LLC, Plaintiff Blue Sky The Color of Imagination, LLC (Attachments: #1 Affidavit Declaration LR 83.1(d)(3)) (Haffey, John)
April 2, 2020	Filing 44 ANSWER to #40 Answer to Complaint,, Counterclaim, by Blue Sky The Color of Imagination, LLC. (Haffey, John)
March 31, 2020	Filing 43 PRELIMINARY PRETRIAL CONFERENCE ORDER:Preliminary Pretrial Statement due by 5/13/2020. Joint Discovery Plan due by 5/13/2020. Statement of Stipulated Facts due by 5/13/2020. Telephonic Preliminary Pretrial Conference set for 5/20/2020 at 1:30 PM in Missoula, MT before Judge Dana L. Christensen. Signed by Judge Dana L. Christensen on 3/31/2020. (dle)
March 17, 2020	Filing 42 Disclosure Statement by Blue Sky The Color of Imagination, LLC. (Haffey, John)
March 13, 2020	Filing 41 Corporate Disclosure Statement by Noteworthy Paper and Press. Inc.. (Rhoades, Sarah)
March 13, 2020	Filing 40 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Blue Sky The Color of Imagination, LLC by Noteworthy Paper and Press. Inc.. (Attachments: #1 Exhibit 1_Fed. Reg. No. 5,184,188, #2 Exhibit 2_USPTO Refusal of BS application, #3 Exhibit 3_Infringing BS Planner) (Rhoades, Sarah)
March 13, 2020	Filing 39 NOTICE of Appearance by John F. Haffey on behalf of Blue Sky The Color of Imagination, LLC (Haffey, John)
March 12, 2020	Filing 38 NOTICE of Appearance by Sarah J. Rhoades on behalf of Notworthy Paper and Press. Inc. (Rhoades, Sarah)
March 2, 2020	Filing 37 Case transferred in from District of California Central; Case Number 8:19-cv-00560. Original file certified copy of transfer order and docket sheet received. (ASG, )
February 28, 2020	Filing 36 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order) (iv) [Transferred from cacd on 3/2/2020.]
February 28, 2020	Filing 35 ORDER RE: MOTION TO DISMISS OR TRANSFER #23 by Judge Fernando M. Olguin. Defendant's Motion to Dismiss or Transfer #23 , is granted. The Clerk shall transfer this case forthwith to the United States District Court for the District of Montana. (MD JS-6. Case Terminated) (iv) [Transferred from cacd on 3/2/2020.]
July 18, 2019	Filing 34 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss or Transfer #23 is taken off the 7/25/2019 calendar and placed under submission. No appearances are required on 7/25/2019. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 3/2/2020.]
July 11, 2019	Filing 33 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or in the Alternative to Transfer; Memorandum of Points and Authorities #23 filed by Defendant Notworthy Paper and Press. Inc.. (Attachments: #1 Exhibit A - Non-Stop Flight Information)(Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
July 11, 2019	Filing 32 SEALED DOCUMENT Exhibit A and Exhibit B to the Declaration of Laura Genovese in Support of Plaintiff's Application for Leave to File Documents Under Seal re Response in Opposition to Motion, #30 , Order on Motion for Leave to File Document Under Seal #31 filed by Plaintiff Blue Sky The Color of Imagination, LLC.(Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
July 8, 2019	Filing 31 ORDER RE: APPLICATION TO FILE UNDER SEAL by Judge Fernando M. Olguin. The Application is granted. (vdr) [Transferred from cacd on 3/2/2020.]
July 3, 2019	Filing 30 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or in the Alternative to Transfer; Memorandum of Points and Authorities #23 filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Attachments: #1 Declaration of Laura Genovese in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or in the Alternative to Transfer)(Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
July 3, 2019	Filing 29 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit A and Exhibit B to the Declaration of Laura Genovese in Support of Plaintiff's Application for Leave to File Documents Under Seal under seal #28 filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Attachments: #1 Unredacted Versions of Documents Proposed to be Filed Under Seal, #2 Unredacted Document Exhibit A to Declaration of Laura Genovese, #3 Unredacted Document Exhibit B to Declaration of Laura Genovese, #4 Certificate of Service)(Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
July 3, 2019	Filing 28 APPLICATION to file document Exhibit A and Exhibit B to the Declaration of Laura Genovese in Support of Plaintiff's Application for Leave to File Documents Under Seal under seal filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Attachments: #1 Redacted Versions of Documents Proposed to be Filed Under Seal, #2 Redacted Document Exhibit A to Declaration of Laura Genovese, #3 Redacted Document Exhibit B to Declaration of Laura Genovese, #4 Proposed Order)(Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
July 1, 2019	Filing 27 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #26 Non-Resident Attorney Laura A. Genovese APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, designating Erica J. Van Loon as local counsel. (lt) [Transferred from cacd on 3/2/2020.]
June 25, 2019	Filing 26 APPLICATION of Non-Resident Attorney Laura A. Genovese to Appear Pro Hac Vice on behalf of Plaintiff Blue Sky The Color of Imagination, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23979515) filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Attachments: #1 Proposed Order) (Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
June 21, 2019	Filing 25 NOTICE of Interested Parties filed by Defendant Notworthy Paper and Press. Inc., identifying Taylor Valliant and Amy Dolan. (Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
June 20, 2019	Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #23 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) [Transferred from cacd on 3/2/2020.]
June 14, 2019	Filing 23 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or in the Alternative to Transfer; Memorandum of Points and Authorities filed by Defendant Notworthy Paper and Press. Inc.. Motion set for hearing on 7/25/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit A - Declaration of Taylor Valliant, #2 Exhibit B - Trademark/Service Mark Application, #3 Exhibit C - Comparison of Districts Within the Ninth Circuit, #4 Proposed Order Granting Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or in the Alternative to Transfer) (Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
June 10, 2019	Filing 22 STIPULATION Extending Time to Answer the complaint as to Notworthy Paper and Press. Inc. answer now due 6/14/2019, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Notworthy Paper and Press. Inc..(Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
May 13, 2019	Filing 21 ORDER GRANTING REQUEST #18 TO SUPPLEMENT THE RECORD by Judge Fernando M. Olguin. (vdr) [Transferred from cacd on 3/2/2020.]
May 1, 2019	Filing 20 NOTICE OF LODGING filed re REQUEST to Supplement Record re: Transfer re Minutes of In Chambers Order/Directive - no proceeding held #11 #18 (Attachments: #1 Proposed Order Granting Request to Supplement Record re: Transfer)(Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
May 1, 2019	Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Supplement Record #18 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Local Rule 52-4.1 a separate proposed order shall be submitted with any stipulation, application, motion or request. (vdr) [Transferred from cacd on 3/2/2020.]
April 30, 2019	Filing 18 REQUEST to Supplement Record re: Transfer re Minutes of In Chambers Order/Directive - no proceeding held #11 filed by Defendant Notworthy Paper and Press. Inc.. (Attachments: #1 Exhibit A - Supplemental Declaration of Taylor Valliant) (Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
April 26, 2019	Filing 17 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Blue Sky The Color of Imagination, LLC. Re: Minutes of In Chambers Order/Directive - no proceeding held #11 (Attachments: #1 Declaration of Warren Vidovich)(Burke, Amy) [Transferred from cacd on 3/2/2020.]
April 26, 2019	Filing 16 MEMORANDUM of Points and Authorities in Support filed by Defendant Notworthy Paper and Press. Inc.. Re: Minutes of In Chambers Order/Directive - no proceeding held #11 (Attachments: #1 Exhibit A - Screenshots from Walmart.com and Target.com, #2 Exhibit B - Screenshot from www.bluesky.com)(Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
April 19, 2019	Filing 15 Certification and Notice of Interested Parties filed by Defendant Notworthy Paper and Press. Inc., (Attorney Evan S Strassberg added to party Notworthy Paper and Press. Inc.(pty:dft))(Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
April 19, 2019	Filing 14 MEMORANDUM of Points and Authorities in Support Re: Transfer Re: Minutes of In Chambers Order/Directive - no proceeding held #11 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Strassberg, Evan) [Transferred from cacd on 3/2/2020.]
April 19, 2019	Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Blue Sky The Color of Imagination, LLC. upon Notworthy Paper and Press. Inc. waiver sent by Plaintiff on 4/12/2019, answer due 6/11/2019. Waiver of Service signed by Erika Peterman. (Burke, Amy) [Transferred from cacd on 3/2/2020.]
April 19, 2019	Filing 12 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Blue Sky The Color of Imagination, LLC. Re: Minutes of In Chambers Order/Directive - no proceeding held #11 (Burke, Amy) [Transferred from cacd on 3/2/2020.]
April 11, 2019	Filing 11 MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. See order for briefing and deadline requirements. (vdr) [Transferred from cacd on 3/2/2020.]
March 26, 2019	Filing 10 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 3/2/2020.]
March 25, 2019	Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Notworthy Paper and Press. Inc. (et) [Transferred from cacd on 3/2/2020.]
March 25, 2019	Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from cacd on 3/2/2020.]
March 25, 2019	Filing 7 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Autumn D. Spaeth. (et) [Transferred from cacd on 3/2/2020.]
March 22, 2019	Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E. Burke counsel for Plaintiff Blue Sky The Color of Imagination, LLC. Adding Amy E. Burke as counsel of record for Blue Sky The Color of Imagination, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Attorney Amy E. Burke added to party Blue Sky The Color of Imagination, LLC(pty:pla))(Burke, Amy) [Transferred from cacd on 3/2/2020.]
March 22, 2019	Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Blue Sky The Color of Imagination, LLC. (Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
March 22, 2019	Filing 4 NOTICE of Interested Parties filed by Plaintiff Blue Sky The Color of Imagination, LLC, (Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
March 22, 2019	Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
March 22, 2019	Filing 2 CIVIL COVER SHEET filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Van Loon, Erica) [Transferred from cacd on 3/2/2020.]
March 22, 2019	Filing 1 COMPLAINT Receipt No: 0973-23425100 - Fee: $400, filed by Plaintiff Blue Sky The Color of Imagination, LLC. (Attachments: #1 Exhibit A - J) (Attorney Erica J Van Loon added to party Blue Sky The Color of Imagination, LLC(pty:pla))(Van Loon, Erica) [Transferred from cacd on 3/2/2020.]

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Defendant: Notworthy Paper and Press. Inc.
Represented By:	Evan S Strassberg
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Defendant: Noteworthy Paper and Press. Inc.
Represented By:	Evan S Strassberg
Represented By:	Sarah J. Rhoades
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Plaintiff: Blue Sky The Color of Imagination, LLC
Represented By:	Laura A Genovese
Represented By:	Amy E Burke
Represented By:	Erica J Van Loon
Represented By:	Mitchell J.W. Vap
Represented By:	John F. Haffey
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