Barclay Butera Development Inc. et al v. The Annex, LLC et al
Plaintiff: Barclay Butera Development Inc. and Barclay Butera
Defendant: The Annex, LLC doing business as Helm Home and Mario Ferreira
Case Number: 2:2023cv00633
Filed: September 14, 2023
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Howard C Nielson
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2023 Filing 47 Plaintiff's MEMORANDUM in Opposition re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs Barclay Butera Development Inc., Barclay Butera. (Cannon, Karl)
November 9, 2023 Filing 46 MOTION for Admission Pro Hac Vice of Joseph L. Lanza , Registration fee $ 50, receipt number AUTDC-4871878,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 Barclay Butera Development Inc., Barclay Butera, Counter Defendants Barclay Butera Development Inc., Barclay Butera. (Attachments: #1 Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Cannon, Karl)
November 9, 2023 Filing 45 MOTION for Admission Pro Hac Vice of Charles M.R. Vethan , Registration fee $ 50, receipt number AUTDC-4871833,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 Barclay Butera Development Inc., Barclay Butera, Counter Defendants Barclay Butera Development Inc., Barclay Butera. (Attachments: #1 Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Cannon, Karl)
November 9, 2023 Filing 44 NOTICE of Appearance by Karl R. Cannon on behalf of Barclay Butera Development Inc., Barclay Butera (Cannon, Karl)
October 13, 2023 Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant The Annex, LLC. (Hock, Madeline)
October 5, 2023 Filing 42 Defendant Marrio Ferreira's ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Barclay Butera Development Inc., Barclay Butera filed by Mario Ferreira.(Kaplan, Richard)
September 29, 2023 Opinion or Order Filing 41 ORDER granting #40 Stipulated Motion Setting Deadline for Defendant Mario Ferreira's Response to the Complaint: Ferreira shall have until and including October 5, 2023, to file its response to Plaintiffs' Complaint. Signed by Magistrate Judge Jared C. Bennett on 9/28/23. (dle)
September 28, 2023 Filing 40 Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support to Set Deadlie nfor Defendant Mario Ferreira's Response to the Complaint filed by Defendant Mario Ferreira. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion Setting Deadline for Defendant Ferreira's Response to Complaint) Motions referred to Jared C. Bennett.(Kaplan, Richard)
September 27, 2023 Opinion or Order Filing 39 ORDER granting #38 Stipulated MOtion SEtting Deadline for Defendant Helm Home's Response to the Complaint: Helm Home shall have up and until October 13, 2023 to file its response to Plaintiffs' Complaint. Signed by Magistrate Judge Jared C. Bennett on 9/27/23. (dle)
September 26, 2023 Filing 38 Stipulated MOTION Setting Deadline for Defendant Helm Home's Response to the Complaint re #1 Complaint, and Memorandum in Support filed by Defendant The Annex, LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Madeline Aller Hock added to party The Annex, LLC(pty:dft)(Hock, Madeline) Modified by correcting event type on 9/27/2023 (dle).
September 19, 2023 Filing 37 NOTICE of Appearance by Richard A. Kaplan on behalf of Mario Ferreira (Kaplan, Richard)
September 19, 2023 Filing 36 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendants Mario Ferreira, The Annex, LLC. (Notice generated by Clerk's Office) Form due by 10/10/2023. (mh)
September 15, 2023 Opinion or Order Filing 35 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 9/15/23. (dle)
September 14, 2023 Filing 34 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (nl)
September 14, 2023 Filing 33 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Charles M.R. Vethan for Barclay Butera Development Inc. Barclay Butera (nl)
September 14, 2023 Filing 32 Case transferred in from USDC of California Central; Case Number 8:23-cv-01139. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:22-cv-00633-HCN, Assigned to Judge Howard C. Nielson, Jr.
September 14, 2023 Filing 31 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (rolm) [Transferred from California Central on 9/14/2023.]
September 14, 2023 Opinion or Order Filing 30 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' COMPLAINT FOR LACK OF PERSONAL JURISDICTION #21 #23 AND TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH by Judge Cormac J. Carney. Defendants' motions are GRANTED IN PART to the extent they challenge personal jurisdiction but, in the interests of justice, this action is TRANSFERRED to the United States District Court for the District of Utah in lieu of dismissal. Defendants' motions are DENIED AS MOOT in their other respects. (SEE DOCUMENT FOR FURTHER DETAILS.) (MD JS-6. Case Terminated) (rolm) Modified on 9/14/2023 (rolm). [Transferred from California Central on 9/14/2023.]
September 5, 2023 Filing 29 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction ; Memorandum of Points and Authorities in Support #23 filed by Defendant The Annex, LLC. (Tufts, David) [Transferred from California Central on 9/14/2023.]
August 28, 2023 Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction ; Memorandum of Points and Authorities in Support #23 , NOTICE OF MOTION AND MOTION to Dismiss Case #21 filed by Plaintiffs Barclay Butera Development Inc., Barclay Butera. (Vethan, Charles) [Transferred from California Central on 9/14/2023.]
August 24, 2023 Opinion or Order Filing 27 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER CONTINUING HEARING #21 , #23 . In the interest of judicial economy, the motions are best heard together. Accordingly, the hearing on The Annex, LLCs motion is CONTINUED to September 18, 2023 at 1:30 p.m. ( Motion hearing continued to 9/18/2023 at 01:30 PM before Judge Cormac J. Carney.) (twdb) [Transferred from California Central on 9/14/2023.]
August 22, 2023 Opinion or Order Filing 26 ORDER by Judge Cormac J. Carney: Granting #25 Agreed Motion to Extend Deadline to Respond to Defendant Mario Ferreria's Motion to Dismiss Pursuant to FRCP Rule 12(b)(6), and His Alternative Motion to Transfer Venue Pursuant to 28 U.S.C. 1404. The Court ORDERS any reply shall be filed by 9/5/23, and the hearing is CONTINUED to Monday, 9/18/23 at 1:30 p.m. (twdb) [Transferred from California Central on 9/14/2023.]
August 21, 2023 Filing 25 AGREED MOTION TO EXTEND DEADLINE TO MOTION TO DISMISS re NOTICE OF MOTION AND MOTION to Dismiss Case #21 filed by Plaintiffs Barclay Butera Development Inc., Barclay Butera. (Attachments: #1 Proposed Order Proposed Order on Agreed Motion to Extend Deadline)(Vethan, Charles) Modified on 8/22/2023 (twdb). [Transferred from California Central on 9/14/2023.]
August 14, 2023 Filing 24 DECLARATION of Chris Ross in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction ; Memorandum of Points and Authorities in Support #23 filed by Defendant The Annex, LLC. (Tufts, David) [Transferred from California Central on 9/14/2023.]
August 14, 2023 Filing 23 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction ; Memorandum of Points and Authorities in Support filed by Defendant The Annex, LLC. Motion set for hearing on 9/11/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Tufts, David) [Transferred from California Central on 9/14/2023.]
August 8, 2023 Filing 22 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on October 12, 2023. (rrp) [Transferred from California Central on 9/14/2023.]
August 7, 2023 Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Mario Ferreira. Motion set for hearing on 9/11/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss Plaintiffs Complaint and His Alternative Motion to Transfer Venue, #2 Declaration of Marrio Ferreira in Support of his Motion to Dismiss Plaintiffs Complaint and his Alternative Motion to Transfer Venue, #3 Proposed Order Granting Defendants Motion to Dismiss Plaintiffs Complaint and His Alternative Motion to Transfer Venue) (Attorney Trevor Lee added to party Mario Ferreira(pty:dft)) (Lee, Trevor) [Transferred from California Central on 9/14/2023.]
August 3, 2023 Opinion or Order Filing 20 ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #19 by Judge Cormac J. Carney. IT IS ORDERED that Defendant's Deadline to Respond to Plaintiffs' Initial Complaint on July 31, 2023, be and hereby is extended to August 7, 2023. (lom) [Transferred from California Central on 9/14/2023.]
August 2, 2023 Filing 19 Joint STIPULATION Extending Time to Answer the complaint as to Mario Ferreira answer now due 8/7/2023, filed by Plaintiff Barclay Butera Development Inc.. (Attachments: #1 Proposed Order)(Vethan, Charles) [Transferred from California Central on 9/14/2023.]
August 1, 2023 Opinion or Order Filing 18 MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE PARTIAL DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney: Here, Plaintiff has filed a notice and acknowledgment of service as to Defendant Mario Ferreira, yet the deadline for that Defendant's response to the Complaint has passed and Plaintiff has taken no action. Accordingly, the Court, on its own motion, hereby ORDERS Plaintiff to show cause in writing, no later than August 3, 2023 why this Defendant should not be dismissed from this action for lack of prosecution. (see document for further details) (bm) [Transferred from California Central on 9/14/2023.]
July 28, 2023 Filing 17 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Barclay Butera Development Inc., upon Defendant Mario Ferreira acknowledgment sent by Plaintiff on 7/8/2023, answer due 7/31/2023. (Vethan, Charles) [Transferred from California Central on 9/14/2023.]
July 28, 2023 Filing 16 STIPULATION Extending Time to Answer the complaint as to The Annex, LLC answer now due 8/14/2023, re Complaint (Attorney Civil Case Opening) #1 filed by defendant The Annex, LLC.(Attorney David W Tufts added to party The Annex, LLC(pty:dft))(Tufts, David) [Transferred from California Central on 9/14/2023.]
July 25, 2023 Filing 15 CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Barclay Butera Development, Inc., Barclay Butera, Inc., Barclay Butera, Defendant The Annex, LLC d/b/a Helm Home, Defendant Mario Ferreira. (Vethan, Charles)[Transferred from California Central on 9/14/2023.]
July 11, 2023 Filing 14 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Barclay Butera Development Inc.. (Vethan, Charles) [Transferred from California Central on 9/14/2023.]
June 28, 2023 Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Mario Ferreira, The Annex, LLC. (twdb) [Transferred from California Central on 9/14/2023.]
June 28, 2023 Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Barclay Butera Development Inc.. (Vethan, Charles) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 11 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 10 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph L Lanza on behalf of Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Mario Ferreira, The Annex, LLC. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (et) [Transferred from California Central on 9/14/2023.]
June 26, 2023 Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Cormac J. Carney for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Karen E. Scott. New Case Number 8:23-cv-01139-DOC (KESx). (et) [Transferred from California Central on 9/14/2023.]
June 22, 2023 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Barclay Butera Development Inc.. (Vethan, Charles) [Transferred from California Central on 9/14/2023.]
June 21, 2023 Filing 2 EXHIBIT Filed filed by Plaintiff Barclay Butera Development Inc.. as to Complaint (Attorney Civil Case Opening) #1 . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Vethan, Charles) [Transferred from California Central on 9/14/2023.]
June 21, 2023 Filing 1 COMPLAINT Receipt No: BCACDC-35529561 - Fee: $402, filed by Plaintiff Barclay Butera Development Inc.. (Attachments: #1 Civil Cover Sheet) (Attorney Charles M R Vethan added to party Barclay Butera Development Inc.(pty:pla))(Vethan, Charles)[Transferred from California Central on 9/14/2023.]

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Plaintiff: Barclay Butera Development Inc.
Represented By: Karl R. Cannon
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Plaintiff: Barclay Butera
Represented By: Karl R. Cannon
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Defendant: The Annex, LLC doing business as Helm Home
Represented By: David W. Tufts
Represented By: Madeline Aller Hock
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Defendant: Mario Ferreira
Represented By: Trevor J. Lee
Represented By: Richard A. Kaplan
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