Kodiak Cakes v. Continental Mills
| Kodiak Cakes |
| Continental Mills |
| 2:2018cv00783 |
| October 9, 2018 |
| US District Court for the District of Utah |
| Evelyn J Furse |
| Ted Stewart |
| Brooke C Wells |
| Trademark |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 37 REQUEST to Submit for Decision re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Boren, Jason) |
| Filing 36 DECLARATION of Brandon Porras re #35 Memorandum in Support of Motion, filed by Kodiak Cakes. (Boren, Jason) |
| Filing 35 MEMORANDUM in Support re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Attachments: #1 Appendix Appendix of Exhibits, #2 Exhibit A - Instagram, #3 Exhibit B - Facebook, #4 Exhibit C - Twitter)(Boren, Jason) |
Filing 34
ORDER granting #31 Motion to Seal EXHIBIT 1 TO APPENDIX OF EXHIBITS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. Signed by Magistrate Judge Evelyn J. Furse on 11/20/18. (jlw)
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| Filing 33 ANSWER to Complaint with Jury Demand and Affirmative Defenses filed by Continental Mills.(Straight, Samuel) |
| Filing 32 **SEALED DOCUMENT** re #30 Appendix,,, filed by Defendant Continental MillsNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1 - Declaration of Andy Heily)(Straight, Samuel) |
| Filing 31 MOTION to Seal Exhibit 1 to Appendix of Exhibits in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction filed by Defendant Continental Mills. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Straight, Samuel) |
| Filing 30 APPENDIX to #28 Memorandum in Opposition to Motion filed by Defendant Continental Mills (Redacted). (Attachments: #1 Exhibit 1 - Declaration of Andy Heily (Redacted), #2 Exhibit 2 - Declaration of Jeffrey Stec, #3 Exhibit 3 - Webpages from Kodiak Cakes' Instagram Feed, #4 Exhibit 4 - Webpages from Kodiak Cakes' Facebook Profile, #5 Exhibit 5 - Video Link from Kodak Cakes' Website, #6 Exhibit 6 - Four Video Links from Kodiak Cakes' YouTube Channel, #7 Exhibit 7 - Video Link to a Kodiak Promotional Video, #8 Exhibit 8 - August 17, 2018 Letter from Kodiak to Continental Mills, #9 Exhibit 9 - August 31, 2018 from Continental Mills, #10 Exhibit 10 - Webpage - Amazon, #11 Exhibit 11 - Webpage - Walmart, #12 Exhibit 12 - Webpage - Gold Medal, #13 Exhibit 13 - Webpage - Hayden Flour Mills, #14 Exhibit 14 - Snoqfalls.com, #15 Exhibit 15 - Trader Joe's)(Straight, Samuel) |
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Filing 29
ORDER granting #27 Motion for Admission Pro Hac Vice of William C. Rava for Continental Mills. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Ted Stewart on 11/16/18. (jlw)
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| Filing 28 MEMORANDUM in Opposition re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Continental Mills. (Straight, Samuel) |
| Filing 27 MOTION for Admission Pro Hac Vice of William C. Rava , Registration fee $ 250, receipt number 1088-3143180, filed by Defendant Continental Mills. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) |
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Filing 26
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 11/6/18. (jlw)
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Filing 25
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Ted Stewart on 11/5/2018. (tco)
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| Filing 24 Plaintiff has filed a motion for preliminary injunction. Pursuant to court policy, the filing of a motion for injunctive relief would render this case ineligible for consent to the jurisdiction of a magistrate judge. Case randomly assigned to Judge Ted Stewart. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las) |
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Filing 23
ORDER granting #22 Motion to Seal Document. Signed by Magistrate Judge Brooke C. Wells on 11/5/2018. (las)
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| Filing 22 MOTION to Seal Document #21 Sealed Document, and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Attachments: #1 Text of Proposed Order Proposed Order)(Boren, Jason) |
| Filing 21 **SEALED DOCUMENT** re #16 MOTION for Preliminary Injunction and Memorandum in Support , #20 Affidavit/Declaration in Support of Motion filed by Plaintiff Kodiak CakesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Boren, Jason) |
| Filing 20 Redacted AFFIDAVIT/DECLARATION of Joel Clark in Support re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Boren, Jason) |
| Filing 19 AFFIDAVIT/DECLARATION of Dylan Parrish in Support re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Boren, Jason) |
| Filing 18 AFFIDAVIT/DECLARATION of Jennifer Linton in Support re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Boren, Jason) |
| Filing 17 AFFIDAVIT/DECLARATION of Brock Sine in Support re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Boren, Jason) |
| Filing 16 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Kodiak Cakes. (Attachments: #1 Text of Proposed Order Proposed Order)(Boren, Jason) |
| Filing 15 CLERKS ORDER ORDER Granting Ex Parte Motion to Extend Time to Respond to Complaint re #2 Complaint signed by Anne Morgan. Answer deadline updated for Continental Mills answer due 11/19/2018. (las) |
| Filing 14 Ex Parte (Not Sealed) MOTION for Extension of Time to Respond to Complaint Pursuant to DUVivR77-2(a)(1) filed by Defendant Continental Mills. (Attachments: #1 Text of Proposed Order)(Straight, Samuel) |
| Filing 13 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Continental Mills, Plaintiff Kodiak Cakes. Form due by 11/19/2018. (las) |
| Filing 12 NOTICE OF ADR, e-mailed or mailed to Defendant Continental Mills, Plaintiff Kodiak Cakes. (las) |
| Filing 11 NOTICE of Appearance by Samuel C. Straight on behalf of Continental Mills (Straight, Samuel) |
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Filing 10
ORDER granting #8 Motion for Admission Pro Hac Vice of Lynn E. Rzonca for Kodiak Cakes. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Brooke C. Wells on 10/23/2018. (las)
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Filing 9
ORDER granting #7 Motion for Admission Pro Hac Vice of Christie L. Larochelle for Kodiak Cakes. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Brooke C. Wells on 10/23/2018. (las)
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| Filing 8 MOTION for Admission Pro Hac Vice of Lynn E. Rzonca , Registration fee $ 250, receipt number 1088-3130252, filed by Plaintiff Kodiak Cakes. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order Proposed Order)(Boren, Jason) |
| Filing 7 MOTION for Admission Pro Hac Vice of Christie L. Larochelle , Registration fee $ 250, receipt number 1088-3130239, filed by Plaintiff Kodiak Cakes. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order Proposed Order)(Boren, Jason) |
| Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kodiak Cakes as to Continental Mills served on 10/15/2018, answer due 11/5/2018. (Boren, Jason) |
| Filing 5 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Lynn Rzonca and Christie L. Larochelle, for Plaintiff Kodiak Cakes. (nl) |
| Filing 4 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (nl) |
| Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Continental Mills. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
| Filing 2 COMPLAINT against Continental Mills (Filing fee $ 400, receipt number 1088-3119717) filed by Kodiak Cakes. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Brooke C. Wells (Boren, Jason) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Plaintiff Kodiak Cakes is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl) |
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| Plaintiff: Kodiak Cakes | |
| Represented By: | Jason D. Boren |
| Represented By: | Christie L. Larochelle |
| Represented By: | Lynn E. Rzonca |
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| Defendant: Continental Mills | |
| Represented By: | William C. Rava |
| Represented By: | Samuel C. Straight |
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