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Case number 1:17-cv-02550

Marco's Franchising, LLC et al v. Marco's Coal Fired Pizza, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Aug 17, 2022 N/A Motion for Summary Judgment (0)
Docket Text: MOTION for Summary Judgment by Counter Claimants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc. Public entry for [109] Restricted Document. Text Only Entry (dkals, )
Feb 26, 2020 134 Report on the Filing or Determination of Patent or Trademark (1)
Docket Text: Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (athom, )
Feb 25, 2020 132 Stipulation of Dismissal of Case (3)
Docket Text: STIPULATION of Dismissal of Case of all Claims and Counterclaims by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC, Counter Defendants MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Feb 25, 2020 N/A Terminated Case (0)
Docket Text: Civil Case Terminated pursuant to the [132] Stipulation of Dismissal of Case of All Claims and Counterclaims filed in this case on 02/25/2020. Text Only Entry (athom, )
Feb 20, 2020 131 Order on Motion for Permanent Injunction (5)
Docket Text: ORDER Granting [130] Joint Motion for Permanent Injunction. The permanent injunction set forth will supersede the preliminary injunction entered by the Court on July 23, 2018 (Doc. [77] ), and that Order is accordingly VACATED. The Parties shall file their dismissal papers no later than 14 days after entry of this Order. By Judge Daniel D. Domenico on 02/20/2020. (athom, )
Feb 10, 2020 130 Main Document (4)
Docket Text: Joint MOTION for Permanent Injunction by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC, Counter Defendants MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Proposed Order (PDF Only) Granting Joint Motion for Permanent Injunction)(Sawtelle, James)
Feb 10, 2020 130 Proposed Order (PDF Only) Granting Joint Motion for Permanent Injunction (2)
Nov 6, 2019 129 Order on Motion to Compel (2)
Docket Text: ORDER. Defendants' Unopposed Motion to Compel Mediation (Doc. [128] ) is GRANTED. Pursuant to Local Civ. R. 16.6(a), the parties shall participate in mediation by no later than 1/31/2020. Status Report due by 11/20/2019. By Judge Daniel D. Domenico on 11/06/2019. (athom, )
Oct 31, 2019 128 Main Document (5)
Docket Text: Unopposed MOTION to Compel Mediation by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Atkinson, Timothy)
Oct 31, 2019 128 Proposed Order (PDF Only) (2)
Oct 21, 2019 N/A Order (0)
Docket Text: MINUTE ORDER. The Court has reviewed the parties' [126] Joint Status Report. If either party seeks to compel mediation, it should file a motion and proposed order to that effect, and indicate in the motion whether the other party opposes the request. By Judge Daniel D. Domenico on 10/21/2019. Text Only Entry (dddlc2)
Oct 18, 2019 126 Status Report (8)
Docket Text: Joint STATUS REPORT by Plaintiff MP Marks, LLC, Counter Defendant MP Marks, LLC. (Sawtelle, James)
Oct 8, 2019 N/A Reassigning Judge (0)
Docket Text: REASSIGNING JUDGE. Due to Judge Marcia S. Krieger's unavailability, and with the approval of the Chief Judge pursuant to D.C.COLO.LCivR 40.1(a), this case has been randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 17-cv-02550-DDD-NYW. (Text Only Entry) (agarc, )
Oct 8, 2019 N/A Order (0)
Docket Text: ORDER. In light of the reassignment of this case to the undersigned, and to facilitate the Court's just, speedy, and inexpensive determination of this action, on or before 10/18/2019 the parties shall file a Joint Status Report not to exceed 1,400 words, identifying the following: (1) the nature of the dispute between the parties; (2) the current status of the proceedings; (3) the prospects for settlement; and (4) any other issues the parties wish to bring to the Court's attention. SO ORDERED by Judge Daniel D. Domenico on October 8, 2019. Text Only Entry (dddlc2)
Sep 23, 2019 123 Order on Motion for Summary Judgment (28)
Docket Text: OPINION and ORDER by Judge Marcia S. Krieger on 9/23/2019, re: [110/109] Defendants' Motion for Summary Judgment is GRANTED IN PART. Judgment shall enter in favor of the Golden, Colfax, and RPN Defendants on all claims. Judgment shall also enter in favor of all Defendants on Claim 5 for dilution. The Defendants are entitled to summary judgment on that portion of their counterclaim that seeks cancellation of the MARCOS word mark and design mark, and those marks are cancelled prior to 2011 within the State of Colorado.17 The Motion is DENIED in all other respects. There being claims that will now proceed to trial, the parties shall jointly contact chambers within 14 days to schedule the final pretrial conference..(sphil, )
May 23, 2019 121 Main Document (5)
Docket Text: Unopposed MOTION to Appoint Expert Witness by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit 1)(Sawtelle, James)
May 23, 2019 121 Exhibit 1 (38)
May 23, 2019 N/A Order on Motion to Appoint Expert (0)
Docket Text: ORDER granting [121] Motion to Appoint Expert: The substitution requested in the motion is permitted. By Judge Marcia S. Krieger on 5/23/19. Text Only Entry(msklc2, )
Jan 23, 2019 N/A Order (0)
Docket Text: ORDER: More than 14 days have passed since Docket # 116 was filed under a provisional restriction and no party has filed a Motion to Restrict Access relating to that document. Pursuant to D.C. Colo. L. Civ. R. 7.2(e), the Clerk of the Court shall lift the provisional restriction on Docket # 116. By Chief Judge Marcia S. Krieger on 1/23/19. Text Only Entry (msklc2, )
Jan 22, 2019 118 Main Document (24)
Docket Text: UNRESTRICTED DOCUMENT - Level 1: by Counter Claimants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc... (Attachments: # (1) Exhibit 1 - 30(b)(6) of Plaintiff (Watson), # (2) Exhibit 2 - 08.01.17 Email Chain between N. Costanzo and T. Watson, # (3) Exhibit 3 - Costanzo Deposition, # (4) Exhibit 4 - M. Dym Declaration, # (5) Exhibit 5 - 30(b)(6) of Plaintiff (Seyferth))(Atkinson, Timothy) Modified on 2/13/2019 to unrestrict pursuant to D.C.COLO.LCivR 7.2(e) (dkals, ).
Jan 22, 2019 118 Exhibit 1 - 30(b)(6) of Plaintiff (Watson) (4)
Jan 22, 2019 118 Exhibit 2 - 08.01.17 Email Chain between N. Costanzo and T. Watson (2)
Jan 22, 2019 118 Exhibit 3 - Costanzo Deposition (6)
Jan 22, 2019 118 Exhibit 4 - M. Dym Declaration (2)
Jan 22, 2019 118 Exhibit 5 - 30(b)(6) of Plaintiff (Seyferth) (7)
Jan 22, 2019 N/A Reply to Response to Motion (0)
Docket Text: REPLY to Response to [110] MOTION for Summary Judgment filed by Counter Claimants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc. Public entry for [118] Restricted Document. Text Only Entry (dkals, )
Jan 7, 2019 116 Main Document (51)
Docket Text: UNRESTRICTED DOCUMENT - Level 1: Response by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC.. (Attachments: # (1) Affidavit James G. Sawtelle, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R, # (20) Exhibit S, # (21) Exhibit T, # (22) Exhibit U, # (23) Exhibit V, # (24) Exhibit W, # (25) Exhibit X, # (26) Exhibit Y)(Sawtelle, James) Modified on 1/24/2019 to unrestrict pursuant to [120] Order (dkals, ).
Jan 7, 2019 116 Affidavit James G. Sawtelle (4)
Jan 7, 2019 116 Exhibit A (7)
Jan 7, 2019 116 Exhibit B (7)
Jan 7, 2019 116 Exhibit C (4)
Jan 7, 2019 116 Exhibit D (6)
Jan 7, 2019 116 Exhibit E (63)
Jan 7, 2019 116 Exhibit F (5)
Jan 7, 2019 116 Exhibit G (3)
Jan 7, 2019 116 Exhibit H (4)
Jan 7, 2019 116 Exhibit I (129)
Jan 7, 2019 116 Exhibit J (2)
Jan 7, 2019 116 Exhibit K (20)
Jan 7, 2019 116 Exhibit L (12)
Jan 7, 2019 116 Exhibit M (7)
Jan 7, 2019 116 Exhibit N (5)
Jan 7, 2019 116 Exhibit O (6)
Jan 7, 2019 116 Exhibit P (14)
Jan 7, 2019 116 Exhibit Q (29)
Jan 7, 2019 116 Exhibit R (17)
Jan 7, 2019 116 Exhibit S (6)
Jan 7, 2019 116 Exhibit T (16)
Jan 7, 2019 116 Exhibit U (5)
Jan 7, 2019 116 Exhibit V (8)
Jan 7, 2019 116 Exhibit W (21)
Jan 7, 2019 116 Exhibit X (27)
Jan 7, 2019 116 Exhibit Y (4)
Jan 7, 2019 N/A Response to Motion (0)
Docket Text: RESPONSE to [110] MOTION for Summary Judgment filed by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. Public entry for [116] Restricted Document. Text Only Entry (dkals, )
Dec 26, 2018 114 Main Document (4)
Docket Text: Unopposed MOTION for Leave to Restrict by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Sawtelle, James)
Dec 26, 2018 114 Proposed Order (PDF Only) (2)
Dec 26, 2018 N/A Order on Motion for Leave to Restrict (0)
Docket Text: ORDER denying [114] Motion for Leave to Restrict: The motion contains only conclusory assertions regarding the factors required under D.C. Colo. L. Civ. R. 7.2(c)(2)-(4). The Court having independently reviewed the entirety of Docket #109 and its exhibits and finds little, if anything, therein that would justify restricted access. Accordingly, the motion is denied and the Clerk of the Court shall lift all restrictions on the entirety of the filings at Docket #109. By Chief Judge Marcia S. Krieger on 12/26/18. (msklc2, )
Dec 21, 2018 112 Main Document (4)
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [110] MOTION for Summary Judgment by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Sawtelle, James)
Dec 21, 2018 112 Proposed Order (PDF Only) (1)
Dec 21, 2018 N/A Order on Motion for Extension of Time to File Response/Reply (0)
Docket Text: ORDER granting [112] Motion for Extension of Time to File Response/Reply: Summary judgment response due 1/7/19. By Chief Judge Marcia S. Krieger on 12/21/18. Text Only Entry (msklc2, )
Dec 12, 2018 111 Order on Motion for Order to Show Cause (2)
Docket Text: MINUTE ENTRY for Motion Hearing held before Chief Judge Marcia S. Krieger on 12/12/2018. denying [93] Motion for Order to Show Cause; denying [108] Motion for Leave to File Surreply; Court Reporter: Terri Lindblom. (pglov)
Dec 11, 2018 109 Main Document (35)
Docket Text: UNRESTRICTED DOCUMENT - Level 1: Motion for Summary Judgment by Counter Claimants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc... (Attachments: # (1) Declaration of Timothy G. Atkinson, # (2) December 2018 Declaration of Mark Dym, # (3) 2012/2013 Franchise Disclosure Documents, # (4) Declaration of Rashae Williams, # (5) Plaintiffs/Seyferth 30(b)(6) Deposition Excerpts, # (6) Marco's Brand Style Guide, # (7) Plaintiffs/Watson 30(b)(6) Deposition Excerpts, # (8) Plaintiffs' 2008 Cease and Desist Letter, # (9) Defendants' Response to 2008 Cease and Desist Letter, # (10) Plaintiffs' Privilege Log, # (11) November 2017 Declaration of Mark Dym, # (12) Plaintiff's Response to First Set of Written Discovery, Interrogatory 1, # (13) July 2018 Affidavit of Mark Dym in Support of Defendants' Response to Plaintiffs' Renewed Motion for Preliminary Injunction, # (14) 2018 Marco's Pizza Redlined Franchise Disclosure Document, # (15) Stipulated Stay of TTAB Action, # (16) Plaintiffs' TEAS Plus Application, # (17) January 4, 2012 to Frank Nuccio, # (18) February 2012 Follow Up Letter to Frank Nuccio, # (19) Settlement Agreement with Frank Nuccio, # (20) Plaintiffs/Nick Costanzo Deposition Excerpts, # (21) 2016 Burke Study, # (22) Costanzo 2008 Email)(Atkinson, Timothy) Modified on 12/27/2018 to unrestrict pursuant to [115] Order (dkals, ).
Dec 11, 2018 109 Declaration of Timothy G. Atkinson (5)
Dec 11, 2018 109 December 2018 Declaration of Mark Dym (18)
Dec 11, 2018 109 2012/2013 Franchise Disclosure Documents (4)
Dec 11, 2018 109 Declaration of Rashae Williams (41)
Dec 11, 2018 109 Plaintiffs/Seyferth 30(b)(6) Deposition Excerpts (8)
Dec 11, 2018 109 Marco's Brand Style Guide (56)
Dec 11, 2018 109 Plaintiffs/Watson 30(b)(6) Deposition Excerpts (36)
Dec 11, 2018 109 Plaintiffs' 2008 Cease and Desist Letter (5)
Dec 11, 2018 109 Defendants' Response to 2008 Cease and Desist Letter (2)
Dec 11, 2018 109 Plaintiffs' Privilege Log (18)
Dec 11, 2018 109 November 2017 Declaration of Mark Dym (8)
Dec 11, 2018 109 Plaintiff's Response to First Set of Written Discovery, Interrogatory 1 (27)
Dec 11, 2018 109 July 2018 Affidavit of Mark Dym in Support of Defendants' Response to Plai (7)
Dec 11, 2018 109 2018 Marco's Pizza Redlined Franchise Disclosure Document (3)
Dec 11, 2018 109 Stipulated Stay of TTAB Action (3)
Dec 11, 2018 109 Plaintiffs' TEAS Plus Application (16)
Dec 11, 2018 109 January 4, 2012 to Frank Nuccio (2)
Dec 11, 2018 109 February 2012 Follow Up Letter to Frank Nuccio (1)
Dec 11, 2018 109 Settlement Agreement with Frank Nuccio (6)
Dec 11, 2018 109 Plaintiffs/Nick Costanzo Deposition Excerpts (8)
Dec 11, 2018 109 2016 Burke Study (10)
Dec 11, 2018 109 Costanzo 2008 Email (2)
Nov 30, 2018 108 Main Document (4)
Docket Text: First MOTION for Leave to File Surreply in Opposition to Plaintiffs' Motion for Order to Show Cause why Defendants Should not be held in Civil Contempt for Violations of Preliminary Injunction by Counter Claimants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Attachments: # (1) Exhibit Defendants' Surreply)(Atkinson, Timothy)
Nov 30, 2018 108 Exhibit Defendants' Surreply (6)
Nov 28, 2018 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [105] MOTION for Protective Order filed by Marco's Coal Fired Pizzeria Colfax LLC, Racca's Pizzeria Napoletana, Inc., Marco's Vallagio, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizza Golden, LLC, Mark Dym, Marco's Coal Fired Pizza Casper, LLC, Kristy Latorraca-Dym. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 11/28/18. Text Only Entry (msklc2, )
Nov 28, 2018 107 Protective Order (5)
Docket Text: STIPULATED ORDER REGARDING THE DISCLOSURE OF PRIVILEGED INFORMATION entered by Magistrate Judge Nina Y. Wang on 11/28/2018. (bwilk, )
Nov 27, 2018 N/A Order (0)
Docket Text: ORDER: The Court will hold a non-evidentiary motion hearing on the Plaintiff's Motion for Contempt [93] on December 12, 2018 at 10:00 a.m. By Chief Judge Marcia S. Krieger on 11/27/18. Text Only Entry (msklc2, )
Nov 27, 2018 105 Motion for Protective Order (5)
Docket Text: STIPULATION Regarding 502(d) Order by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Atkinson, Timothy) Modified on 11/28/2018 correct event type (jgonz, ).
Nov 21, 2018 103 Main Document (8)
Docket Text: REPLY to Response to [93] MOTION for Order to Show Cause Why Defendants Should Not Be Held In Civil Contempt For Violations Of Preliminary Injunction filed by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) C)(Sawtelle, James)
Nov 21, 2018 103 Exhibit A (4)
Nov 21, 2018 103 Exhibit B (5)
Nov 21, 2018 103 C (4)
Nov 19, 2018 99 Motion to Amend/Correct/Modify (4)
Docket Text: Joint MOTION to Amend/Correct/Modify [59] Scheduling Order by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Nov 19, 2018 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [99] Joint MOTION to Amend/Correct/Modify [59] Scheduling Order filed by Marco's Franchising, LLC, MP Marks, LLC. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 11/19/18. Text Only Entry (msklc2, )
Nov 19, 2018 101 Discovery Hearing (2)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for Discovery Conference held on 11/19/2018 before Magistrate Judge Nina Y. Wang. The 30(b)(6) deposition of Plaintiff and the deposition of Mr. Steve Seyferth shall proceed on 12/7/2018, in Toledo, Ohio. Defendants' supplemental production shall be completed on or before 11/27/2018. If the third-party vendor is not able to complete the production, Defendants must submit evidence regarding why such deadline cannot be met and when they anticipate producing the discovery at issue. Parties shall file a formal motion requesting the extensions of time. FTR: Courtroom A-502. (bwilk, )
Nov 19, 2018 N/A Order on Motion to Amend/Correct/Modify (0)
Docket Text: ORDER: The Joint Motion to Amend Scheduling Order [99] is GRANTED. Defendants will complete production of documents by 11/27 or, if unable, will submit affidavit from third-party vendor explaining delay and providing estimated timeline for completion. Discovery cut-off extended to 12/3/2018 with understanding that December 7 deposition may go forward. Dispositive Motions due by 12/11/2018. By Magistrate Judge Nina Y. Wang on 11/19/2018. Text Only Entry (nywlc1, )
Nov 15, 2018 98 Status Report (4)
Docket Text: Joint STATUS REPORT by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Nov 8, 2018 97 Discovery Hearing (2)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for Discovery Conference held on 11/8/2018 before Magistrate Judge Nina Y. Wang. The court will allow an additional three hours to complete the 30(b)(6) deposition of Plaintiff. A Discovery Conference is set for 11/19/2018 10:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Counsel shall attend this conference in person. Parties shall file a Joint Status Report on or before close of business on November 15, 2018, identifying the dates for the depositions of Mr. Seyfarth and the continuation of the Rule 30(b)(6) deposition of Plaintiff and any outstanding written discovery issues that have yet to be resolved.FTR: Courtroom A-502. (bwilk, )
Nov 7, 2018 96 Main Document (12)
Docket Text: RESPONSE to [93] MOTION for Order to Show Cause Why Defendants Should Not Be Held In Civil Contempt For Violations Of Preliminary Injunction filed by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizzeria Colfax LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Atkinson, Timothy)
Nov 7, 2018 96 Exhibit 1 (3)
Nov 7, 2018 96 Exhibit 2 (6)
Nov 7, 2018 96 Exhibit 3 (8)
Nov 1, 2018 95 Discovery Hearing (2)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Conference held on 11/1/2018 before Magistrate Judge Nina Y. Wang. On or before November 6, 2018, Defendants shall produce the information regarding the documents stored at Colorado Mills, and to identify where their data is located. A further Discovery Conference is set for 11/8/2018 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Parties shall attend this conference in person. FTR: Courtroom A-502. (bwilk, )
Oct 29, 2018 94 Minute Order (2)
Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/29/2018. A Discovery Conference is set for 11/1/2018 09:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Counsel shall submit a written discovery dispute chart, if applicable, and any written materials to Wang_Chambers@cod.uscourts.gov on or before October 30, 2018 at 5:00 p.m. (bwilk, )
Oct 17, 2018 93 Main Document (19)
Docket Text: MOTION for Order to Show Cause Why Defendants Should Not Be Held In Civil Contempt For Violations Of Preliminary Injunction by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Proposed Order (PDF Only))(Sawtelle, James)
Oct 17, 2018 93 Exhibit A (4)
Oct 17, 2018 93 Exhibit B (37)
Oct 17, 2018 93 Exhibit C (4)
Oct 17, 2018 93 Exhibit D (4)
Oct 17, 2018 93 Exhibit E (21)
Oct 17, 2018 93 Exhibit F (7)
Oct 17, 2018 93 Proposed Order (PDF Only) (2)
Oct 15, 2018 92 Answer/Reply to Counterclaim (9)
Docket Text: ANSWER/REPLY to [91] Answer to Amended Complaint,,, Counterclaim,, and Demand for Jury Trial by MP Marks, LLC, Marco's Franchising, LLC.(Sawtelle, James)
Oct 1, 2018 91 Main Document (39)
Docket Text: ANSWER to [88] Amended Complaint,, and Affirmative Defenses Attorney Timothy G. Atkinson added to party Marco's Coal Fired Pizzeria Colfax LLC(pty:dft), COUNTERCLAIM against All Plaintiffs by Marco's Vallagio, LLC, Marco's Coal Fired Pizzeria Colfax LLC, Marco's Coal Fired Pizza, Inc., Racca's Pizzeria Napoletana, Inc., Kristy Latorraca-Dym, Mark Dym, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza Casper, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Atkinson, Timothy)
Oct 1, 2018 91 Exhibit A (2)
Oct 1, 2018 91 Exhibit B (2)
Oct 1, 2018 91 Exhibit C (16)
Sep 24, 2018 88 Main Document (26)
Docket Text: AMENDED COMPLAINT Jury Trial Demanded against Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Marco's Coal Fired Pizzeria Colfax LLC, filed by MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9)(Sawtelle, James)
Sep 24, 2018 88 Exhibit 1 (5)
Sep 24, 2018 88 Exhibit 2 (5)
Sep 24, 2018 88 Exhibit 3 (4)
Sep 24, 2018 88 Exhibit 4 (4)
Sep 24, 2018 88 Exhibit 5 (2)
Sep 24, 2018 88 Exhibit 6 (3)
Sep 24, 2018 88 Exhibit 7 (2)
Sep 24, 2018 88 Exhibit 8 (5)
Sep 24, 2018 88 Exhibit 9 (3)
Sep 24, 2018 89 Notice of Change of Address/Contact Information (2)
Docket Text: NOTICE of Change of Address/Contact Information by Nicholas Martin DeWeese (DeWeese, Nicholas)
Sep 21, 2018 N/A Order on Motion to Amend/Correct/Modify (0)
Docket Text: ORDER: The Defendants having lodged no objection thereto, the Court grants the Plaintiffs' [64] Motion to Amend the Complaint. The Plaintiffs shall file their Amended Complaint as a separate docket entry within 7 days of this Order, and the Defendants shall file their Answer to that Amended Complaint within 7 days thereafter. The Court denies as moot the Plaintiffs' [72] Motion to Strike the Defendants' counterclaims. The Plaintiffs' amendment of their Complaint triggers an automatic right in the Defendants to file an amended Answer (andsupporting counterclaims) in response. By Chief Judge Marcia S. Krieger on 9/21/18. Text Only Entry (msklc2, )
Sep 21, 2018 86 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance Nicholas M. DeWeese by Nicholas Martin DeWeese on behalf of Marco's Franchising, LLCAttorney Nicholas Martin DeWeese added to party Marco's Franchising, LLC(pty:pla) (DeWeese, Nicholas)
Sep 21, 2018 N/A Notice of Noncompliance with Court Procedures/Rules (0)
Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:[86] Notice of Entry of Appearance filed by attorneyNicholas M. DeWeese. 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) (nmarb, )
Sep 17, 2018 90 Discovery Hearing (2)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Conference held on 9/17/2018 before Magistrate Judge Nina Y. Wang. Defendants shall supplement their response to Request for Production No.'s 13 and 14 on or before 10/1/2018. Defendants agree to produce individual tax returns from 2013 to present. FTR: Courtroom A-502. (bwilk, )
Sep 7, 2018 84 Minute Order (2)
Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 9/7/2018. Discovery Hearing set for 9/17/2018 01:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (tsher, )
Aug 14, 2018 N/A Order on Motion to Amend/Correct/Modify (0)
Docket Text: ORDER granting [81] Motion to Amend/Correct/Modify. The deadline to designate affirmative experts is extended from 8/24/2018 up to and including 10/8/2018; the deadline by which to designate rebuttal experts is extended from 9/21/2018 up to and including 11/5/2018; the deadline by which to complete discovery is extended from 9/21/2018 up to and including 11/20/2018; and the deadline by which to file dispositive motions is extended from 10/19/2018 up to and including 11/19/2018. This court will not permit further extension of these deadlines absent extraordinary circumstances. Additionally, counsel are reminded that they are required to contemporaneously serve their clients with a motion for extension of time or for a continuance, see Local Rule 6.1(c), and failure to do so in the future may result in the court denying the motion without substantive consideration. By Magistrate Judge Nina Y. Wang on 8/14/2018. Text Only Entry (nywlc1, )
Aug 13, 2018 81 Main Document (4)
Docket Text: Stipulated MOTION to Amend/Correct/Modify [59] Scheduling Order by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Attachments: # (1) Proposed Order (PDF Only))(Atkinson, Timothy)
Aug 13, 2018 81 Proposed Order (PDF Only) (1)
Aug 13, 2018 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [81] Stipulated MOTION to Amend/Correct/Modify [59] Scheduling Order filed by Racca's Pizzeria Napoletana, Inc., Marco's Vallagio, LLC, Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizza Golden, LLC, Mark Dym, Marco's Coal Fired Pizza Casper, LLC, Kristy Latorraca-Dym. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 8/13/18. Text Only Entry (msklc2, )
Aug 9, 2018 80 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance filed by Kira Lee Suyeishi on behalf of All Defendants Attorney Kira Lee Suyeishi added to party Mark Dym(pty:dft), Attorney Kira Lee Suyeishi added to party Kristy Latorraca-Dym(pty:dft), Attorney Kira Lee Suyeishi added to party Marco's Coal Fired Pizza Casper, LLC(pty:dft), Attorney Kira Lee Suyeishi added to party Marco's Coal Fired Pizza Golden, LLC(pty:dft), Attorney Kira Lee Suyeishi added to party Marco's Coal Fired Pizza, Inc.(pty:dft), Attorney Kira Lee Suyeishi added to party Marco's Vallagio, LLC(pty:dft), Attorney Kira Lee Suyeishi added to party Racca's Pizzeria Napoletana, Inc.(pty:dft) (Suyeishi, Kira)
Aug 7, 2018 79 Reply to Response to Motion (9)
Docket Text: REPLY to Response to [72] MOTION to Strike [66] Answer to Complaint,, Counterclaim, filed by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Jul 24, 2018 78 Main Document (7)
Docket Text: RESPONSE to [72] MOTION to Strike [66] Answer to Complaint,, Counterclaim, filed by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Attachments: # (1) Exhibit Petition for Cancellation, # (2) Exhibit Response to Motion to Stay Proceedings)(Atkinson, Timothy)
Jul 24, 2018 78 Exhibit Petition for Cancellation (12)
Jul 24, 2018 78 Exhibit Response to Motion to Stay Proceedings (3)
Jul 23, 2018 76 Main Document (5)
Docket Text: Stipulated MOTION for Preliminary Injunction by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Sawtelle, James)
Jul 23, 2018 76 Proposed Order (PDF Only) (2)
Jul 23, 2018 77 Order on Motion for Preliminary Injunction (2)
Docket Text:VACATED - ORDER RE STIPULATED MOTION FOR ENTRY OF PRELIMINARY INJUNCTION by Chief Judge Marcia S. Krieger on 7/23/18. (msksec, ) Modified on 2/20/2020 to vacate pursuant to [131] Order (athom, ).
Jul 20, 2018 N/A Minute Order (0)
Docket Text: MINUTE ORDER: The Parties have advised the court telephonically that the Telephonic Discovery Conference set for July 24, 2018 is no longer necessary. Accordingly, this court VACATES the Telephonic Discovery Conference. The Parties are further advised that any future request to vacate conferences set on the court's calendar must be made by formal motion. By Magistrate Judge Nina Y. Wang on 7/20/2018. Text Only Entry (nywlc2, )
Jul 10, 2018 71 Main Document (7)
Docket Text: RESPONSE to [65] Renewed MOTION for Preliminary Injunction filed by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Attachments: # (1) Exhibit 1 - Response of 11.15.17 to Motion for Preliminary Injunction, # (2) Exhibit 2 - Affidavit of Mark Dym)(Atkinson, Timothy)
Jul 10, 2018 71 Exhibit 1 - Response of 11.15.17 to Motion for Preliminary Injunction (109)
Jul 10, 2018 71 Exhibit 2 - Affidavit of Mark Dym (7)
Jul 10, 2018 72 Main Document (5)
Docket Text: MOTION to Strike [66] Answer to Complaint,, Counterclaim, by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Sawtelle, James)
Jul 10, 2018 72 Proposed Order (PDF Only) (1)
Jul 10, 2018 73 Main Document (3)
Docket Text: RESPONSE to [64] MOTION to Amend/Correct/Modify [2] Complaint,, filed by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Attachments: # (1) Exhibit A - Defendants' Answer and Affirmative Defenses to First Amended Complaint and Jury Demand)(Atkinson, Timothy)
Jul 10, 2018 73 Exhibit A - Defendants' Answer and Affirmative Defenses to First Amended Co (26)
Jul 10, 2018 74 Minute Order (2)
Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 7/10/2018. A Discovery Conference is set for 7/24/2018 02:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Counsel shall submit the chart, if applicable, and any written materials to Wang_Chambers@cod.uscourts.gov on or before July 20, 2018 at 5:00 p.m. (bwilk, )
Jul 2, 2018 N/A Order on Motion for Extension of Time to Answer or Otherwise Respond (0)
Docket Text: ORDER granting [69] Motion for Extension of Time to Answer or Otherwise Respond. Plaintiffs' response to counterclaims due 7/10/18. by Chief Judge Marcia S. Krieger on 7/3/18. Text Only Entry (msklc2, )
Jun 28, 2018 67 Motion for Extension of Time to File Response/Reply (4)
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [64] MOTION to Amend/Correct/Modify [2] Complaint,, , [65] Renewed MOTION for Preliminary Injunction by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc.. (Atkinson, Timothy)
Jun 28, 2018 N/A Order on Motion for Extension of Time to File Response/Reply (0)
Docket Text: ORDER granting [67] Motion for Extension of Time to File Response/Reply: Responses due July 10, 2018. By Chief Judge Marcia S. Krieger on 6/28/18. Text Only Entry (msklc2, )
Jun 28, 2018 69 Motion for Extension of Time to File Answer or Otherwise Respond (4)
Docket Text: Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Defendants' Counterclaims by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC, Counter Defendants MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Jun 8, 2018 66 Main Document (23)
Docket Text: ANSWER to [2] Complaint,, Counterclaims Against Marco's Franchising, LLC and MP Marks, LLC, COUNTERCLAIM against All Plaintiffs by Marco's Vallagio, LLC, Marco's Coal Fired Pizza, Inc., Kristy Latorraca-Dym, Mark Dym. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Tsoucaris, Valissa)
Jun 8, 2018 66 Exhibit (1)
Jun 8, 2018 66 Exhibit (1)
Jun 8, 2018 66 Exhibit (7)
Jun 8, 2018 66 Exhibit (1)
Jun 7, 2018 64 Main Document (4)
Docket Text: MOTION to Amend/Correct/Modify [2] Complaint,, by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit 1 Redline)(Sawtelle, James)
Jun 7, 2018 64 Exhibit 1 Redline (51)
Jun 7, 2018 65 Main Document (22)
Docket Text: Renewed MOTION for Preliminary Injunction by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit 1 - 12/18/08 communication, # (2) Exhibit 2 - 12/7/15 newspaper article, # (3) Exhibit 3 - 12/8/15 article, # (4) Exhibit 4 - 7/17/2017 article, # (5) Exhibit 5 - 7/18/17 communication, # (6) Exhibit 6 - 7/31/17 article, # (7) Exhibit 7 - Photograph of sign, # (8) Exhibit 8 - 5/14/18 article, # (9) Exhibit 9 - 10/20/17 Declaration of Chase Kintz)(Sawtelle, James)
Jun 7, 2018 65 Exhibit 1 - 12/18/08 communication (4)
Jun 7, 2018 65 Exhibit 2 - 12/7/15 newspaper article (4)
Jun 7, 2018 65 Exhibit 3 - 12/8/15 article (3)
Jun 7, 2018 65 Exhibit 4 - 7/17/2017 article (3)
Jun 7, 2018 65 Exhibit 5 - 7/18/17 communication (1)
Jun 7, 2018 65 Exhibit 6 - 7/31/17 article (2)
Jun 7, 2018 65 Exhibit 7 - Photograph of sign (1)
Jun 7, 2018 65 Exhibit 8 - 5/14/18 article (4)
Jun 7, 2018 65 Exhibit 9 - 10/20/17 Declaration of Chase Kintz (2)
Jun 5, 2018 61 Motion for Protective Order (16)
Docket Text: MOTION for Protective Order by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Jun 5, 2018 N/A Memorandum (0)
Docket Text: MEMORANDUM regarding [61] MOTION for Protective Order filed by Marco's Franchising, LLC, MP Marks, LLC. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 6/5/18. Text Only Entry (msklc2, )
Jun 5, 2018 63 Protective Order (16)
Docket Text: PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 6/5/18. (nmarb, )
May 24, 2018 60 Order (9)
Docket Text: TRIAL PREPARATION ORDER by Chief Judge Marcia S. Krieger on 5/24/18. (dkals, )
May 22, 2018 58 Scheduling Conference (3)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 5/22/2018 before Magistrate Judge Nina Y. Wang. A proposed protective order is due on or before June 5, 2018. Discovery cut-off: September 21, 2018 for all purposes other than the deposition of rebuttal experts. Depositions of all rebuttal experts shall be completed no later than October 5, 2018. Dispositive motion deadline: October 19, 2018. FTR: Courtroom C-204. (bwilk, )
May 22, 2018 59 Scheduling Order (13)
Docket Text: SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 5/22/2018. (bwilk, )
May 15, 2018 57 Proposed Scheduling Order (14)
Docket Text: Proposed Scheduling Order by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Jackson, Christopher)
May 9, 2018 56 Status Conference (2)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 5/9/2018 before Magistrate Judge Nina Y. Wang. A Scheduling Conference is set for 5/22/2018 02:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before May 15, 2018. FTR: Courtroom C-204. (bwilk, )
May 7, 2018 55 Notice of Entry of Appearance (3)
Docket Text: NOTICE of Entry of Appearance by Timothy G. Atkinson on behalf of All Defendants Attorney Timothy G. Atkinson added to party Mark Dym(pty:dft), Attorney Timothy G. Atkinson added to party Kristy Latorraca-Dym(pty:dft), Attorney Timothy G. Atkinson added to party Marco's Coal Fired Pizza Casper, LLC(pty:dft), Attorney Timothy G. Atkinson added to party Marco's Coal Fired Pizza Golden, LLC(pty:dft), Attorney Timothy G. Atkinson added to party Marco's Coal Fired Pizza, Inc.(pty:dft), Attorney Timothy G. Atkinson added to party Marco's Vallagio, LLC(pty:dft), Attorney Timothy G. Atkinson added to party Racca's Pizzeria Napoletana, Inc.(pty:dft) (Atkinson, Timothy)
May 1, 2018 N/A Minute Order (0)
Docket Text: MINUTE ORDER re: [53] Status Report filed by Marco's Franchising, LLC, MP Marks, LLC. A Status Conference is set for 5/9/2018 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 5/1/2018. Text Only Entry (nywlc2, )
Apr 27, 2018 53 Status Report (2)
Docket Text: Third STATUS REPORT Joint by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Apr 23, 2018 N/A Minute Order (0)
Docket Text: MINUTE ORDER: pursuant to the Parties' representations as stated in the [51] Status Report, on or before 4/27/2018, the Parties shall file dismissal papers or, in the alternative, a Joint Status Report updating the court on remaining issues. By Magistrate Judge Nina Y. Wang on 4/23/2018. Text Only Entry (nywlc1, )
Apr 20, 2018 51 Status Report (2)
Docket Text: Second STATUS REPORT by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Apr 9, 2018 N/A Minute Order (0)
Docket Text: MINUTE ORDER: pursuant to the Parties' representations as stated in the [49] Status Report, on or before 4/20/2018, the Parties shall file dismissal papers or, in the alternative, a Joint Status Report updating the court on remaining issues. By Magistrate Judge Nina Y. Wang on 4/9/2018. Text Only Entry (nywlc1, )
Apr 6, 2018 49 Status Report (2)
Docket Text: Joint STATUS REPORT by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Mar 8, 2018 48 Status Conference (1)
Docket Text: COURTROOM MINUTES/MINUTE ORDER for.Telephonic Status Conference held on 3/8/2018 before Magistrate Judge Nina Y. Wang. On or before April 6, 2018, parties shall file dismissal papers, or in the alternative, a Joint Status Report updating the court on remaining issues. FTR: Courtroom C-204. (bwilk, )
Feb 27, 2018 N/A Minute Order (0)
Docket Text: MINUTE ORDER setting Telephonic Status Conference for 3/8/2018 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Counsel shall coordinate a conference call before contacting chambers on one telephone line at 303.335.2600. By Magistrate Judge Nina Y. Wang on 2/27/2018. Text Only Entry (nywlc1, )
Jan 22, 2018 N/A Order Referring Case to Magistrate Judge (0)
Docket Text: ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:

(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;

(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;

(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B).

by Chief Judge Marcia S. Krieger on 1/22/18. Text Only Entry (msklc2, )
Jan 22, 2018 46 Order on Motion for Preliminary Injunction (2)
Docket Text: MINUTE ENTRY for proceedings held before Chief Judge Marcia S. Krieger: Status Conference held on 1/22/2018. Withdrawing [6] Motion for Preliminary Injunction. Case is referred to Magistrate Judge Nina Y. Wang in accordance with the provisions of [12] Order Referring Case to Magistrate Judge Nina Y. Wang, filed October 25, 2017. Court Reporter: Tammy Hoffschildt. (rkeec)
Jan 19, 2018 43 Status Report (2)
Docket Text: Joint STATUS REPORT and Notice of Settlement by Plaintiff Marco's Franchising, LLC. (Sawtelle, James)
Jan 19, 2018 N/A Order (0)
Docket Text: ORDER: To the extent that the parties' Joint Status Report [43] is intended to serve as a Motion to Vacate the hearing scheduled for January 22, 2018, it is denied. However, in light of the parties' representations that they have reached a settlement, the purpose of that hearing is somewhat modified. The parties shall be prepared to put the material terms of their agreement on the record (or to otherwise made a binding representation that they have reached agreement on all material terms), at which point, the Court intends to administratively close the case pending submission of formal dismissal papers. By Chief Judge Marcia S. Krieger on 1/19/18. Text Only Entry (msklc2, )
Dec 20, 2017 41 Proposed Scheduling Order (14)
Docket Text: Proposed Scheduling Order by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Jackson, Christopher)
Dec 20, 2017 N/A Notice of Noncompliance with Court Procedures/Rules (0)
Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:[41] Proposed Scheduling Order filed by attorneyJames Gordon Sawtelle.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
Dec 4, 2017 39 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance December 4, 2017 by Valissa A. Tsoucaris on behalf of Racca's Pizzeria Napoletana, Inc.Attorney Valissa A. Tsoucaris added to party Racca's Pizzeria Napoletana, Inc.(pty:dft) (Tsoucaris, Valissa)
Dec 4, 2017 40 Answer to Complaint (25)
Docket Text: ANSWER to [2] Complaint,, and Affirmative Defenses by Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc..(Tsoucaris, Valissa)
Nov 20, 2017 37 Motion Hearing (2)
Docket Text: MINUTE ENTRY for Law and Motion Hearing held before Chief Judge Marcia S. Krieger on 11/20/2017. Status Conference set for 1/22/2018 01:30 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger.). Court Reporter: Terri Lindblom. (pglov)
Nov 20, 2017 N/A Order (0)
Docket Text: ORDER: In light of the Court's [37] Order combining the preliminary injunction motion determination with the trial on the merits as to the injunctive claim under Rule 65(a)(2) and bifurcating the damages issues for a later determination under Rule 42(b), the [12] Order Referring Case to the Magistrate Judge is withdrawn until further notice. As a result, the scheduling conference set for January 3, 2018, is vacated. By Chief Judge Marcia S. Krieger on 11/20/2017. Text-Only Entry (msklc3)
Nov 17, 2017 36 Notice of Change of Address/Contact Information (3)
Docket Text: NOTICE of Change of Address/Contact Information by Valissa A. Tsoucaris (Tsoucaris, Valissa)
Nov 16, 2017 N/A Notice of Noncompliance with Court Procedures/Rules (0)
Docket Text: ADVISORY NOTICE TO ATTORNEY FOR NON COMPLIANCE: Counsel for Defendants, Valissa A. Tsoucaris, failed to file Documents Nos. [31], [32], and 33 via CM/ECF, and requested their conventional submission, ostensibly in violation of D.C.COLO. 5.1(a) and (b)(1), and 4.1(a), and 4.8(f) of the Electronic Case Filing Procedures(Civil Cases), which allows an attorney to submit conventionally, only those materials that "cannot be converted to electronic form." (Text Only Entry)(mfred)
Nov 16, 2017 N/A Notice of Noncompliance with Court Procedures/Rules (0)
Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES: re: [31][32] filed conventionally by attorney Valissa Tsoucaris: DO NOT REFILE THE DOCUMENT UNLESS SO ORDERED. Action to take: counsel must submit a change of contact request through her Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). Counsel's address on her signature block differs from her address on record in CM/ECF. (Text Only Entry)(mfred)
Nov 15, 2017 31 Notice of Entry of Appearance (3)
Docket Text: NOTICE of Entry of Appearance by Valissa A. Tsoucaris on behalf of Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLCAttorney Valissa A. Tsoucaris added to party Mark Dym(pty:dft), Attorney Valissa A. Tsoucaris added to party Kristy Latorraca-Dym(pty:dft), Attorney Valissa A. Tsoucaris added to party Marco's Coal Fired Pizza Casper, LLC(pty:dft), Attorney Valissa A. Tsoucaris added to party Marco's Coal Fired Pizza Golden, LLC(pty:dft), Attorney Valissa A. Tsoucaris added to party Marco's Coal Fired Pizza, Inc.(pty:dft), Attorney Valissa A. Tsoucaris added to party Marco's Vallagio, LLC(pty:dft) (dkals, )
Nov 15, 2017 32 Response to Motion (30)
Docket Text: RESPONSE to [6] MOTION for Preliminary Injunction filed by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC. (dkals, )
Nov 15, 2017 N/A Conventionally Submitted Material (0)
Docket Text: Conventionally Submitted Material: Exhibit to [32] Response to Motion, consisting of a menu set, by Defendants Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC. Text Only Entry (dkals, ) Location of stored items, oversized area A-3-3.(jsalz, ).
Nov 9, 2017 29 Summons Returned Executed (1)
Docket Text: SUMMONS Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Racca's Pizzeria Napoletana, Inc. served on 11/8/2017, answer due 11/29/2017. (Jackson, Christopher)
Nov 9, 2017 30 Order (2)
Docket Text: ORDER: due to an unavoidable conflict with this court's calendar, the Scheduling Conference set for 12/20/2017 is VACATED and RESET to 1/3/2018 09:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 11/9/2017. (nywlc1)
Nov 6, 2017 28 Notice (Other) (2)
Docket Text: NOTICE Report on the Filing or Determination of an Action Regarding a Patent or Trademark by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC (Jackson, Christopher)
Nov 3, 2017 27 Summons Issued (2)
Docket Text: SUMMONS issued by Clerk. (dkals, )
Nov 2, 2017 18 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Marco's Coal Fired Pizza, Inc. waiver sent on 10/25/2017, answer due 12/26/2017. (Sawtelle, James)
Nov 2, 2017 19 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Marco's Coal Fired Pizza Golden, LLC waiver sent on 10/25/2017, answer due 12/26/2017. (Sawtelle, James)
Nov 2, 2017 20 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Marco's Coal Fired Pizza Casper, LLC waiver sent on 10/25/2017, answer due 12/26/2017. (Sawtelle, James)
Nov 2, 2017 21 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Marco's Vallagio, LLC waiver sent on 10/25/2017, answer due 12/26/2017. (Sawtelle, James)
Nov 2, 2017 22 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Mark Dym waiver sent on 10/25/2017, answer due 12/26/2017. (Sawtelle, James)
Nov 2, 2017 23 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE Returned Executed by MP Marks, LLC, Marco's Franchising, LLC. Kristy Latorraca-Dym waiver sent on 10/25/2017, answer due 12/26/2017. (Sawtelle, James)
Nov 2, 2017 24 Summons Request (2)
Docket Text: SUMMONS REQUEST as to Racca's Pizzeria Napoletana, Inc. re [2] Complaint,, by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Jackson, Christopher)
Nov 2, 2017 25 Motion for Extension of Time (3)
Docket Text: Joint MOTION for Extension of Time to Serve Racca's Pizzeria Napoletana, Inc. by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Sawtelle, James)
Nov 2, 2017 N/A Order on Motion for Extension of Time to File (0)
Docket Text: ORDER granting [25] Motion for Extension of Time to File: The request for an extension of time to Nov. 17, 2017 to serve Defendant Racca's Pizzeria Napoletana, Inc. is granted. However, in light of that extension, the Court will not entertain any request for an injunction against this Defendant as part of the Nov. 20 hearing. By Chief Judge Marcia S. Krieger on 11/2/17. Text Only Entry (msklc2, )
Oct 26, 2017 N/A Order (0)
Docket Text: ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 10/26/17. Text Only Entry (pglov)
Oct 26, 2017 15 Order (2)
Docket Text: ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 10/26/17. A Scheduling Conference is set for 12/20/2017 03:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, seven days prior to the Scheduling Conference. (bwilk, )
Oct 26, 2017 16 Corporate Disclosure Statement (2)
Docket Text: CORPORATE DISCLOSURE STATEMENT. (Sawtelle, James)
Oct 26, 2017 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 attorneyChristopher M. Jackson. 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) (dkals, )
Oct 25, 2017 N/A Administrative Notice (0)
Docket Text: Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (rsams, )
Oct 25, 2017 2 Main Document (20)
Docket Text: COMPLAINT against Mark Dym, Kristy Latorraca-Dym, Marco's Coal Fired Pizza Casper, LLC, Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza, Inc., Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc. (Filing fee $ 400,Receipt Number 1082-5774178)Attorney James Gordon Sawtelle added to party MP Marks, LLC(pty:pla), Attorney James Gordon Sawtelle added to party Marco's Franchising, LLC(pty:pla), filed by MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Sawtelle, James)
Oct 25, 2017 2 Exhibit 1 (5)
Oct 25, 2017 2 Exhibit 2 (5)
Oct 25, 2017 2 Exhibit 3 (4)
Oct 25, 2017 2 Exhibit 4 (4)
Oct 25, 2017 2 Exhibit 5 (2)
Oct 25, 2017 2 Exhibit 6 (3)
Oct 25, 2017 2 Exhibit 7 (2)
Oct 25, 2017 3 Main Document (1)
Docket Text: SUMMONS REQUEST as to Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza Caster, LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napolentana, Inc., Mark Dym, Kristy Latorraca-Dym re [2] Complaint,, by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Summons Marcos' Coal Fired Pizza Golden, LLC, # (2) Summons Marco's Coal Fired Pizza Casper, LLC, # (3) Summons Marco's Vallagio, LLC, # (4) Summons Racca's Pizzeria Napolentana, Inc., # (5) Summons Mark Dym, # (6) Summons Kristy Latorraca-Dym)(Sawtelle, James)
Oct 25, 2017 3 Summons Marcos' Coal Fired Pizza Golden, LLC (1)
Oct 25, 2017 3 Summons Marco's Coal Fired Pizza Casper, LLC (1)
Oct 25, 2017 3 Summons Marco's Vallagio, LLC (1)
Oct 25, 2017 3 Summons Racca's Pizzeria Napolentana, Inc. (1)
Oct 25, 2017 3 Summons Mark Dym (1)
Oct 25, 2017 3 Summons Kristy Latorraca-Dym (1)
Oct 25, 2017 4 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. (rroge, )
Oct 25, 2017 N/A Case Assigned to Judge (0)
Docket Text: Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (rroge, )
Oct 25, 2017 6 Main Document (18)
Docket Text: MOTION for Preliminary Injunction by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Affidavit Declaration of Chase Kintz in Support of Preliminary Injunction Motion)(Sawtelle, James)
Oct 25, 2017 6 Affidavit Declaration of Chase Kintz in Support of Preliminary Injunction Motion (2)
Oct 25, 2017 7 Main Document (1)
Docket Text: Exhibits in Support of [6] MOTION for Preliminary Injunction by Plaintiffs MP Marks, LLC, Marco's Franchising, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Sawtelle, James)
Oct 25, 2017 7 Exhibit 1 (5)
Oct 25, 2017 7 Exhibit 2 (5)
Oct 25, 2017 7 Exhibit 3 (4)
Oct 25, 2017 7 Exhibit 4 (4)
Oct 25, 2017 7 Exhibit 5 (2)
Oct 25, 2017 7 Exhibit 6 (3)
Oct 25, 2017 7 Exhibit 7 (2)
Oct 25, 2017 8 Magistrate Judge (4)
Docket Text: Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (rroge, )
Oct 25, 2017 9 Minute Order (1)
Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/25/17 re: [6] MOTION for Preliminary Injunction filed by Marco's Franchising, LLC, MP Marks, LLC. The Clerk of the Court is DIRECTED to REDRAW this action to a District Judge for further proceedings. (nmarb, )
Oct 25, 2017 10 Notice of Entry of Appearance (1)
Docket Text: NOTICE of Entry of Appearance for Christopher M. Jackson by Christopher M. Jackson on behalf of MP Marks, LLC, Marco's Franchising, LLCAttorney Christopher M. Jackson added to party MP Marks, LLC(pty:pla), Attorney Christopher M. Jackson added to party Marco's Franchising, LLC(pty:pla) (Jackson, Christopher)
Oct 25, 2017 N/A Case Reassigned (0)
Docket Text: CASE REASSIGNED pursuant to [9] Minute Order. This case is randomly reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 17-cv-02550-MSK. (Text Only Entry) (nmarb, )
Oct 25, 2017 N/A Order Referring Case to Magistrate Judge (0)
Docket Text: WITHDRAWN - ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 10/25/17. Text Only Entry (msklc2, ) Modified on 11/21/2017 to withdraw pursuant to [38] Order (dkals, ).
Oct 25, 2017 N/A Order (0)
Docket Text: ORDER: The Court will hold a non-evidentiary hearing on the Plaintiffs' Motion for Preliminary Injunction on 11/20/2017 at 09:00 AM. The purpose fo the hearing will be to determine: (i) whether there are facts in dispute such that an evidentiary preliminary injunction hearing is required and (ii) if so, how long such a hearing will take and when it can be scheduld. The Plaintiffs shall effectuate service of the Summons, Complaint, Motion for Preliminary Injunction, and a copy of this Order on the Defendants in accordance with Fed. R. Civ. P. 4 on or before November 2, 2017. The Defendants shall file a response to the Motion for Preliminary Injunction on or before November 15, 2017. By Chief Judge Marcia S. Krieger on 10/25/17. Text Only Entry (msklc2, )
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