Smith Sport Optics et al v. Burton Corporation, The
| Smith Sport Optics and Koroyd Sarl |
| Burton Corporation, The |
| 2:2021cv00425 |
| July 13, 2021 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Patent |
| 35 U.S.C. § 0271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 47 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (dla) |
Filing 46
ORDER DISMISSING CASE: Pursuant to the #45 Notice of Dismissal, this action is hereby DISMISSED Without Prejudice. Case closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 8/5/21. (dla)
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| Filing 45 NOTICE of Voluntary Dismissal filed by Plaintiffs Koroyd Sarl, Smith Sport Optics (Miller, Mark) |
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Filing 44
ORDER granting Defendant Burton's #33 Motion for Leave to File Under Seal. Signed by Magistrate Judge Cecilia M. Romero on 8/4/21. (dla)
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Filing 43
ORDER granting #11 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 8/4/21. (dla)
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Filing 41
ORDER REFERRING MOTIONS #11 MOTION for Leave to File Sealed Document re #10 Affidavit/Declaration in Support of Motion filed by Smith Sport Optics, #33 MOTION for Leave to File Sealed Document re #31 Affidavit/Declaration in Support of Motion, filed by Burton Corporation, The Motions referred to Cecilia M. Romero. Signed by Judge Howard C. Nielson, Jr., on 8/4/2021. (mlp)
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Filing 40
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Cecilia M. Romero. Signed by Judge Howard C. Nielson, Jr on 8/3/21. (dla)
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| Filing 42 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr: Status Conference held on 8/2/2021. Cnsl present via Zoom. Discussion held with cnsl. Counsel are directed to confer and present the court with briefing schedules for the preliminary injunction motion and the venue motion and propose a hearing date as discussed in the status conference. Attorney for Plaintiff: Mark Miller, Attorney for Defendant: Michael Albert, Marie McKiernan and Dave Johnson. Court Reporter: Teena Green, RPR, CRR, CBC.(reb) |
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Filing 39
DOCKET TEXT ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Marie A. McKiernan for Burton Corporation, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Howard C. Nielson, Jr on 8/2/21. No attached document. (dla)
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Filing 38
DOCKET TEXT ORDER granting #26 Motion for Admission Pro Hac Vice of Attorney John L. Strand for Burton Corporation, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Howard C. Nielson, Jr on 8/2/21. No attached document. (dla)
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Filing 37
DOCKET TEXT ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Michael A. Albert for Burton Corporation, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Howard C. Nielson, Jr on 8/2/21. No attached document. (dla)
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Filing 36
DOCKET TEXT ORDER granting #24 Motion to Withdraw #15 Motion for Admission Pro Hac Vice of Clinton L. Conner. The Motion is hereby WITHDRAWN and Clinton L. Conner is terminated as Pro Hac Vice counsel for Plaintiffs. No attached document. SO ORDERED. Signed by Judge Howard C. Nielson, Jr on 8/2/21. (dla)
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| Filing 35 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Burton Corporation, The. (Johnson, David) |
| Filing 34 **SEALED DOCUMENT** re #31 Affidavit/Declaration in Support of Motion, filed by Defendant Burton Corporation, TheNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit C, #2 Exhibit D)(Johnson, David) |
| Filing 33 MOTION for Leave to File Sealed Document re #31 Affidavit/Declaration in Support of Motion, filed by Defendant Burton Corporation, The. (Attachments: #1 Text of Proposed Order)(Johnson, David) |
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Filing 32
ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Erin Kolter for Koroyd Sarl,Erin Kolter for Smith Sport Optics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Howard C. Nielson, Jr on 8/2/21. (dla)
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| Filing 31 Redacted AFFIDAVIT/DECLARATION of Pierre Ricard in Support re #29 MOTION to Dismiss and Memorandum in Support for Improper Venue filed by Defendant Burton Corporation, The. (Attachments: #1 Exhibit A - Pierre G Ricard - Burton Snowboards _ LinkedIn, #2 Exhibit B - 7.27.21 Screenshot Burton Park City Store w.Map, #3 Exhibit C - REDACTED, #4 Exhibit D - REDACTED)(Johnson, David) |
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Filing 30
DOCKET TEXT ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Stefan Szpajda for Koroyd Sarl,Stefan Szpajda for Smith Sport Optics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Howard C. Nielson, Jr on 8/2/21. No attached document. (dla)
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| Filing 29 MOTION to Dismiss and Memorandum in Support for Improper Venue filed by Defendant Burton Corporation, The. (Attachments: #1 Text of Proposed Order)(Johnson, David) |
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Filing 28
DOCKET TEXT ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Clinton L. Conner for Koroyd Sarl,Clinton L. Conner for Smith Sport Optics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Howard C. Nielson, Jr on 8/2/21. No attached document. (dla)
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| Filing 27 MOTION for Admission Pro Hac Vice of Marie A. McKiernan , Registration fee $ 250, receipt number AUTDC-4071159,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Burton Corporation, The. (Attachments: #1 Exhibit A Pro Hac Vice Application, #2 Text of Proposed Order)(Johnson, David) |
| Filing 26 MOTION for Admission Pro Hac Vice of John L. Strand , Registration fee $ 250, receipt number AUTDC-4071153,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Burton Corporation, The. (Attachments: #1 Exhibit A Pro Hac Vice Application, #2 Text of Proposed Order)(Johnson, David) |
| Filing 25 MOTION for Admission Pro Hac Vice of Michael A. Albert , Registration fee $ 250, receipt number AUTDC-4071137,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Burton Corporation, The. (Attachments: #1 Exhibit A Pro Hac Vice Application, #2 Text of Proposed Order) Attorney David P. Johnson added to party Burton Corporation, The(pty:dft)(Johnson, David) |
| Filing 24 MOTION to Withdraw #15 MOTION for Admission Pro Hac Vice of Clinton L. Conner , Registration fee $ 250, receipt number AUTDC-4058168,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of ca filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Miller, Mark) |
| Filing 23 MOTION for Admission Pro Hac Vice of Erin Kolter , Registration fee $ 250, receipt number AUTDC-4068012,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Attachments: #1 Exhibit Application for Admission Pro Hac Vice, #2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Miller, Mark) |
| Filing 22 MOTION for Admission Pro Hac Vice of Stefan Szpajda , Registration fee $ 250, receipt number AUTDC-4067938,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Attachments: #1 Exhibit Application for Admission Pro Hac Vice, #2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Miller, Mark) |
| Filing 21 NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference set for 8/2/2021 at 03:30 PM before Judge Howard C. Nielson, Jr.Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Smith Sport Optics identifying Safilo America, Inc. as Corporate Parent. (Miller, Mark) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Koroyd Sarl. (Miller, Mark) |
| Filing 18 MOTION to Expedite Consideration and Briefing Schedule for Motion for Preliminary Injunction (Dkt. 6) filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Miller, Mark) |
| Filing 17 CERTIFICATE OF SERVICE by Koroyd Sarl, Smith Sport Optics re #6 MOTION for Preliminary Injunction and Memorandum in Support (Miller, Mark) |
| Filing 16 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Koroyd Sarl, Smith Sport Optics as to Burton Corporation, The served on 7/14/2021, answer due 8/4/2021. (Attachments: #1 Exhibit Court Issued Summons)(Miller, Mark) |
| Filing 15 MOTION for Admission Pro Hac Vice of Clinton L. Conner , Registration fee $ 250, receipt number AUTDC-4058168,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Attachments: #1 Exhibit Application for Admission Pro Hac Vice, #2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Miller, Mark) |
| Filing 14 Case Reassigned to Judge Howard C. Nielson, Jr per 13 DOCKET TEXT ORDER. Magistrate Judge Daphne A. Oberg no longer assigned to the case. Case number will now read 2:21-cv-425-HCN. Please make changes to document captions accordingly. (jl) |
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Filing 13
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiffs' #6 Motion for Preliminary Injunction warrants reassignment of this case to district judge. Accordingly, IT IS HEREBY ORDERED that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Daphne A. Oberg on 7/14/2021. (eh)
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| Filing 12 **SEALED DOCUMENT** re #11 MOTION for Leave to File Sealed Document re #10 Affidavit/Declaration in Support of Motion , #10 Affidavit/Declaration in Support of Motion filed by Plaintiffs Koroyd Sarl, Smith Sport OpticsNOTE: Filer is instructed to serve the sealed document on all other parties.. (Miller, Mark) |
| Filing 11 MOTION for Leave to File Sealed Document re #10 Affidavit/Declaration in Support of Motion filed by Plaintiff Smith Sport Optics. (Attachments: #1 Text of Proposed Order Granting Plaintiff Smith's Motion for Leave to File Under Seal)(Miller, Mark) |
| Filing 10 Redacted AFFIDAVIT/DECLARATION of Graham Sours in Support re #6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Miller, Mark) |
| Filing 9 AFFIDAVIT/DECLARATION of Graham Sours in Support re #6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Mark) |
| Filing 8 AFFIDAVIT/DECLARATION of John Lloyd in Support re #6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Miller, Mark) |
| Filing 7 AFFIDAVIT/DECLARATION of David Smith in Support re #6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Miller, Mark) |
| Filing 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Miller, Mark) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Burton Corporation, The. 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. (mh) |
| Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Clinton L. Conner, for Plaintiffs Koroyd Sarl, Smith Sport Optics. (mh) |
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (mh) |
| Filing 2 COMPLAINT against Burton Corporation, The (Filing fee $ 402, receipt number AUTDC-4056156) filed by Koroyd Sarl, Smith Sport Optics. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (Miller, Mark) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiffs Koroyd Sarl, Smith Sport Optics are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 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. (mh) |
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