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Case number 1:20-cv-02017

Carrick-Harvest, LLC v. Veritas Farms, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Jul 23, 2021 55 Order Dismissing Case (1)
Docket Text: ORDER Granting [54] Joint Stipulation for Dismissal, by Judge Regina M Rodriguez on 7/23/2021. (angar, )
Jul 19, 2021 54 Proposed Order (PDF Only) (1)
Jul 19, 2021 54 Main Document (3)
Docket Text: STIPULATION of Dismissal of Case by Plaintiff Carrick-Harvest, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Freimann, Michael)
Jul 6, 2021 N/A Reassigning Judge (0)
Docket Text: This action is reassigned to Judge Regina M. Rodriguez upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Rodriguez in Courtroom A-702. Her chambers are located in A-738 of the Alfred A. Arraj Courthouse. Her telephone number is 303-335-2170. All future pleadings should be designated as 20-cv-02017-RMR-MEH. (Text Only Entry) (rvill, )
Jun 17, 2021 52 Order on Motion to Withdraw as Attorney (1)
Docket Text: MINUTE ORDER granting [50] Motion to Withdraw as Attorney. Attorney Robyn Marlene Bowland terminated, by Magistrate Judge Michael E. Hegarty on 6/17/2021.(jgonz, )
Jun 16, 2021 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [50] MOTION to Withdraw as Attorney for Robyn Bowland filed by 271 Lake Davis Holdings, LLC, Veritas Farms, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 6/16/2021. (Text Only Entry) (rmsec )
Jun 16, 2021 50 Motion to Withdraw as Attorney (2)
Docket Text: MOTION to Withdraw as Attorney for Robyn Bowland by Defendants 271 Lake Davis Holdings, LLC, Veritas Farms, Inc.. (Bianco, Brian)
Mar 30, 2021 N/A ADVISORY Notice to Attorney(s) (0)
Docket Text: ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Sharon Alice Urias was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
Mar 18, 2021 N/A ADVISORY Notice to Attorney(s) (0)
Docket Text: ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Brian C. Bianco was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
Feb 22, 2021 47 Reply to Response to Objection to Report and Recommendations (10)
Docket Text: REPLY to Response to Objection to [45] Report and Recommendations,, filed by Defendant Veritas Farms, Inc.. (Bianco, Brian)
Feb 8, 2021 46 Objection to Report and Recommendations (7)
Docket Text: OBJECTION to [45] Report and Recommendations filed by Plaintiff Carrick-Harvest, LLC. (Knight, Stuart)
Jan 25, 2021 45 Report and Recommendations (19)
Docket Text: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Michael E. Hegarty on 25 January 2021. For the reasons described herein, the Court respectfully recommends GRANTING the Defendants' Motion [37] as follows: dismiss with prejudice the trademark infringement claim (First Claim for Relief), the false designation of origin and unfair competition claim (Second Claim for Relief), the common law unfair competition claim (Fourth Claim for Relief), and the declaratory judgment claim of superior trademark rights (Fifth Claim for Relief) and dismiss without prejudice the cybersquatting claim (Third Claim for Relief) pursuant to Fed. R. Civ. P. 12(b)(6). (cmadr, )
Nov 23, 2020 44 Reply (19)
Docket Text: REPLY to [43] Response to Motion by Defendants 271 Lake Davis Holdings, LLC, Veritas Farms, Inc.. (Bianco, Brian)
Nov 9, 2020 43 Response to Motion (21)
Docket Text: RESPONSE to [37] MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Carrick-Harvest, LLC. (Knight, Stuart)
Nov 2, 2020 42 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 2 November 2020. For good cause shown, Plaintiff's "Unopposed Motion to Continue Deadline to Respond to Defendants' Motion to Dismiss Amended Complaint" [40] is granted. Plaintiff shall file a response to the motion to dismiss on or before November 9, 2020.(cmadr, )
Oct 30, 2020 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [40] MOTION for Extension of Time to File Response/Reply as to [37] MOTION to Dismiss for Failure to State a Claim filed by Carrick-Harvest, LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 10/30/2020. (Text Only Entry) (rmsec )
Oct 29, 2020 40 Proposed Order (PDF Only) (1)
Oct 29, 2020 40 Main Document (3)
Docket Text: MOTION for Extension of Time to File Response/Reply as to [37] MOTION to Dismiss for Failure to State a Claim by Plaintiff Carrick-Harvest, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Urias, Sharon)
Oct 15, 2020 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [37] MOTION to Dismiss for Failure to State a Claim filed by 271 Lake Davis Holdings, LLC, Veritas Farms, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 10/15/2020. (Text Only Entry) (rmsec )
Oct 14, 2020 N/A Minute Order (0)
Docket Text: MINUTE ORDER: This matter is before the Court sua sponte. Defendants' Motion to Dismiss ("Motion") [37] is filed pursuant to Fed. R. Civ. P. 12(b) but the Court is unable to find any indication that Defendants have complied with Judge Raymond P. Moore's Civil Practice Standards. Specifically, although the Local Rules do not require conferral for a Rule 12(b) motion, the Judge's Standards require a party to confer before filing a motion to dismiss. See Civil Practice Standard IV.N.(2)(a). Under ordinary circumstances, the Court may deny the Motion without prejudice with leave to refile, if appropriate, after proper conferral. However, upon review of the record, the Court will accept the Motion in this instance because Defendants have previously filed a substantially similar motion and Plaintiff has already been afforded an opportunity thereafter to amend. (ECF Nos. [14] [24] [25].) Nonetheless, the Court reminds the parties that filings may be summarily stricken or denied if they fail to comply with this District's Local Rules or the Judge's Standards.SO ORDERED by Judge Raymond P. Moore on 10/14/2020. (Text Only Entry) (rmsec )
Oct 14, 2020 37 Motion to Dismiss for Failure to State a Claim (25)
Docket Text: MOTION to Dismiss for Failure to State a Claim by Defendants 271 Lake Davis Holdings, LLC, Veritas Farms, Inc.. (Bianco, Brian)
Oct 14, 2020 N/A Minute Order (0)
Docket Text: MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 10/14/2020. (Text Only Entry) (rmsec )
Oct 14, 2020 N/A Order Referring Case to Magistrate Judge (0)
Docket Text: ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 10/14/2020. (Text Only Entry) (rmsec )
Oct 13, 2020 N/A Notice of Noncompliance with Court Procedures/Rules (0)
Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: [30] filed by attorney Michael Adam Freimann. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cmadr, )
Oct 10, 2020 34 Memorandum Returning Case (1)
Docket Text: MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Raymond P. Moore for all further proceedings. All future pleadings should be designated as 20-cv-2017-RM (angar, )
Oct 9, 2020 N/A Case Reassigned (0)
Docket Text: CASE REASSIGNED pursuant to [31] Minute Order. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-02017-LTB. (Text Only Entry) (jgonz, )
Oct 8, 2020 31 Minute Order (1)
Docket Text: MINUTE ORDER re: [29] Consent/Non-Consent to Jurisdiction of Magistrate Judge filed by Carrick-Harvest, LLC. The Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a), by Magistrate Judge Michael E. Hegarty on 10/8/2020. (jgonz, )
Oct 8, 2020 30 Notice of Entry of Appearance (3)
Docket Text: NOTICE of Entry of Appearance of Michael A. Freimann by Sharon Alice Urias on behalf of Carrick-Harvest, LLC (Urias, Sharon)
Oct 8, 2020 29 Consent to Jurisdiction of Magistrate Judge (3)
Docket Text: CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Carrick-Harvest, LLC All parties do not consent.. (Urias, Sharon)
Oct 6, 2020 28 Order on Motion to Dismiss for Failure to State a Claim (1)
Docket Text: MINUTE ORDER denying without prejudice [14] Motion to Dismiss for Failure to State a Claim, by Magistrate Judge Michael E. Hegarty on 10/6/2020.(jgonz, )
Oct 6, 2020 27 Exhibit A (16)
Oct 6, 2020 27 Main Document (3)
Docket Text: NOTICE of Filing Amended Pleading re [25] Amended Complaint by Plaintiff Carrick-Harvest, LLC (Attachments: # (1) Exhibit A)(Urias, Sharon)
Oct 5, 2020 26 Minute Order (1)
Docket Text: MINUTE ORDER re: [25] Amended Complaint filed by Carrick-Harvest, LLC. Plaintiff shall file a notice and copy of the amended pleading as required by Local Rule 15.1(a) on or before 10/7/2020, by Magistrate Judge Michael E. Hegarty on 10/5/2020. (jgonz, )
Oct 1, 2020 25 Amended Complaint (16)
Docket Text: AMENDED COMPLAINT against 271 Lake Davis Holdings, LLC, Veritas Farms, Inc., filed by Carrick-Harvest, LLC.(Urias, Sharon)
Sep 14, 2020 24 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 14 September 2020. For good cause shown, the parties' "Joint Motion to Continue Deadlines Associated with Briefing on Defendants' Motion to Dismiss" [23] is granted. Plaintiff shall file a response to Defendants' motion to dismiss and/or an amended complaint on or before October 2, 2020. Defendants may file a reply in support of their motion on or before October 30, 2020.(cmadr, )
Sep 11, 2020 23 Motion for Extension of Time to File Response/Reply (4)
Docket Text: Joint MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Dismiss for Failure to State a Claim by Plaintiff Carrick-Harvest, LLC. (Urias, Sharon)
Sep 11, 2020 22 Minute Order (1)
Docket Text: MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 11 September 2020. Before the Court is the "Joint Stipulation to Continue Deadline" (ECF [21]). The parties' stipulation is improper, since the parties must seek the requested extension by motion. Accordingly, the Court directs the Clerk of the Court to strike ECF [21]. (cmadr, )
Sep 9, 2020 21 Stipulation for Extension of Time (4)
Docket Text: STRICKEN STIPULATION for Extension of Time by Plaintiff Carrick-Harvest, LLC. (Urias, Sharon) Modified pursuant to [22] on 9/11/2020 (cmadr, ).
Sep 9, 2020 20 Order on Motion to Continue (1)
Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 9 September 2020. Before the Court is the parties' "Joint Motion to Continue the Dates Set in July 13, 2020 Minute Order" [19]. For good cause shown, the Motion is granted. The Court vacates the scheduling conference set for September 14, 2020. Pursuant to this District's Local Rules, the parties shall file the consent to magistrate judge jurisdiction form (ECF 6-2) on or before October 8, 2020.(cmadr, )
Sep 8, 2020 19 Motion to Continue (2)
Docket Text: Joint MOTION to Continue by Defendant Veritas Farms, Inc.. (Bianco, Brian)
Sep 8, 2020 N/A Minute Order (0)
Docket Text: MINUTE ORDER Due to continued concerns regarding the potential transmission of COVID-19, during the week of September 14, 2020, the Court will permit litigants (counsel and parties) and the public to appear at all scheduled conferences before Magistrate Judge Hegarty either in person or by telephone (unless otherwise ordered). Anyone appearing in person must comply with General Order 2020-14 governing Court Operations During the COVID-19 Pandemic, which may be accessed at www.cod.uscourts.gov. Anyone appearing by telephone shall call the following conference line at the appointed time: Number:888-278-0296 Access code:8212991#. Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; therefore, as you would if you were present in the courtroom, please ensure silence until your case is called. Any questions regarding this procedure may be directed to my chambers at 303-844-4507 or at hegarty_chambers@cod.uscourts.gov. By Magistrate Judge Michael E. Hegarty on 09/08/2020. Text Only Entry (mehlc1, )
Aug 24, 2020 17 Corporate Disclosure Statement (2)
Docket Text: CORPORATE DISCLOSURE STATEMENT. (Bianco, Brian)
Aug 24, 2020 16 Corporate Disclosure Statement (2)
Docket Text: CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Veritas Farms, Inc. for 271 Lake Davis Holdings, LLC. (Bianco, Brian)
Aug 24, 2020 15 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance by Robyn Marlene Bowland on behalf of All Defendants Attorney Robyn Marlene Bowland added to party 271 Lake Davis Holdings, LLC(pty:dft), Attorney Robyn Marlene Bowland added to party Veritas Farms, Inc.(pty:dft) (Bowland, Robyn)
Aug 24, 2020 14 Motion to Dismiss for Failure to State a Claim (20)
Docket Text: MOTION to Dismiss for Failure to State a Claim by Defendants 271 Lake Davis Holdings, LLC, Veritas Farms, Inc.. (Bianco, Brian)
Aug 4, 2020 13 Report on the Filing or Determination of Patent or Trademark (1)
Docket Text: Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (trvo, )
Jul 31, 2020 N/A Notice of Noncompliance with Court Procedures/Rules (0)
Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:[10] Notice of Entry of Appearance, filed by attorneyBrian C. Bianco.Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed signature to all future documents.(Text Only Entry) (cmadr, )
Jul 30, 2020 11 Stipulation for Extension of Time to Answer/Respond to Complaint (2)
Docket Text: STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants 271 Lake Davis Holdings, LLC, Veritas Farms, Inc.. All Defendants. (Bianco, Brian)
Jul 30, 2020 10 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance by Brian C. Bianco on behalf of All Defendants Attorney Brian C. Bianco added to party 271 Lake Davis Holdings, LLC(pty:dft), Attorney Brian C. Bianco added to party Veritas Farms, Inc.(pty:dft) (Bianco, Brian)
Jul 20, 2020 9 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Carrick-Harvest, LLC. 271 Lake Davis Holdings, LLC served on 7/17/2020, answer due 8/7/2020. (Urias, Sharon)
Jul 20, 2020 8 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Carrick-Harvest, LLC. Veritas Farms, Inc. served on 7/13/2020, answer due 8/3/2020. (Urias, Sharon)
Jul 13, 2020 7 Minute Order (2)
Docket Text: MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 13 July 2020. The parties shall complete and file the Magistrate Judge Consent Form (ECF 6-2) on or before August 25, 2020. It is further ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on September 14, 2020, at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 9/7/2020. (cmadr, )
Jul 10, 2020 6 Magistrate Judge Consent Form (4)
Jul 10, 2020 6 Summons (2)
Jul 10, 2020 6 Main Document (2)
Docket Text: SUMMONS issued by Clerk. (Attachments: # (1) Summons, # (2) Magistrate Judge Consent Form) (jsalz, )
Jul 10, 2020 N/A Case Assigned to Judge (0)
Docket Text: Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (jsalz, )
Jul 10, 2020 N/A Administrative Notice (0)
Docket Text: Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jsalz, )
Jul 10, 2020 3 Corporate Disclosure Statement (4)
Docket Text: CORPORATE DISCLOSURE STATEMENT. (Urias, Sharon)
Jul 10, 2020 2 Civil Cover Sheet (1)
Jul 10, 2020 2 Summons 271 Lake Davis Holdings (2)
Jul 10, 2020 2 Summons Veritas Farms (2)
Jul 10, 2020 2 Exhibit Exhibit A (3)
Jul 10, 2020 2 Main Document (15)
Docket Text: COMPLAINT against 271 Lake Davis Holdings, LLC d/b/a Veritas Farms, Veritas Farms, Inc. (Filing fee $ 400,Receipt Number 1082-7381048), filed by Carrick-Harvest, LLC d/b/a Veritas Fine Cannabis. (Attachments: # (1) Exhibit Exhibit A, # (2) Summons Veritas Farms, # (3) Summons 271 Lake Davis Holdings, # (4) Civil Cover Sheet)(Urias, Sharon)
Jul 10, 2020 1 Exhibit A (3)
Jul 10, 2020 1 Main Document (15)
Docket Text: COMPLAINT against 271 Lake Davis Holdings, LLC d/b/a Veritas Farms, Veritas Farms, Inc. (Filing fee $ 400,Receipt Number 1082-7380959)Attorney Sharon Alice Urias added to party Carrick-Harvest, LLC d/b/a Veritas Fine Cannabis(pty:pla), filed by Carrick-Harvest, LLC d/b/a Veritas Fine Cannabis. (Attachments: # (1) Exhibit A)(Urias, Sharon)
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