Smith Sport Optics et al v. Burton Corporation, The
Plaintiff: Smith Sport Optics and Koroyd Sarl
Defendant: Burton Corporation, The
Case Number: 2:2021cv00425
Filed: July 13, 2021
Court: US District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Daphne A Oberg
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 0271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2021 Filing 47 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (dla)
August 5, 2021 Opinion or Order 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)
August 4, 2021 Filing 45 NOTICE of Voluntary Dismissal filed by Plaintiffs Koroyd Sarl, Smith Sport Optics (Miller, Mark)
August 4, 2021 Opinion or Order 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)
August 4, 2021 Opinion or Order Filing 43 ORDER granting #11 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 8/4/21. (dla)
August 4, 2021 Opinion or Order 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)
August 3, 2021 Opinion or Order 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)
August 2, 2021 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 Filing 35 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Burton Corporation, The. (Johnson, David)
August 2, 2021 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)
August 2, 2021 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 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)
August 2, 2021 Opinion or Order 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)
August 2, 2021 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)
August 2, 2021 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)
August 2, 2021 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)
August 2, 2021 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)
July 28, 2021 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)
July 28, 2021 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)
July 27, 2021 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)
July 27, 2021 Filing 20 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Smith Sport Optics identifying Safilo America, Inc. as Corporate Parent. (Miller, Mark)
July 27, 2021 Filing 19 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Koroyd Sarl. (Miller, Mark)
July 15, 2021 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)
July 15, 2021 Filing 17 CERTIFICATE OF SERVICE by Koroyd Sarl, Smith Sport Optics re #6 MOTION for Preliminary Injunction and Memorandum in Support (Miller, Mark)
July 15, 2021 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)
July 14, 2021 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)
July 14, 2021 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)
July 14, 2021 Opinion or Order 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)
July 13, 2021 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)
July 13, 2021 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)
July 13, 2021 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)
July 13, 2021 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)
July 13, 2021 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)
July 13, 2021 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)
July 13, 2021 Filing 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Koroyd Sarl, Smith Sport Optics. (Miller, Mark)
July 13, 2021 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)
July 13, 2021 Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Clinton L. Conner, for Plaintiffs Koroyd Sarl, Smith Sport Optics. (mh)
July 13, 2021 Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (mh)
July 13, 2021 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)
July 13, 2021 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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Search for this case: Smith Sport Optics et al v. Burton Corporation, The
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Plaintiff: Smith Sport Optics
Represented By: Mark A. Miller
Represented By: Brett L. Foster
Represented By: Elliot James Hales
Represented By: Tamara L. Kapaloski
Represented By: Clinton L. Conner
Represented By: Erin Kolter
Represented By: Stefan Szpajda
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Plaintiff: Koroyd Sarl
Represented By: Mark A. Miller
Represented By: Brett L. Foster
Represented By: Elliot James Hales
Represented By: Tamara L. Kapaloski
Represented By: Clinton L. Conner
Represented By: Erin Kolter
Represented By: Stefan Szpajda
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Defendant: Burton Corporation, The
Represented By: David P. Johnson
Represented By: John L. Strand
Represented By: Marie A. McKiernan
Represented By: Michael A. Albert
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