Case number 1:21-cv-00599
Osprey Packs, Inc. v. Aether, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 23, 2022 | 67 | Order Dismissing Case (1) Docket Text: ORDER FOR DISMISSAL Pursuant to the [66] Stipulation and Joint Motion for Dismissal with Prejudice. By Judge Regina M. Rodriguez on 06/23/2022. (sdunb, ) |
| Jun 23, 2022 | 66 | Proposed Order (PDF Only) (1) |
| Jun 23, 2022 | 66 | Main Document (3) Docket Text: Stipulated MOTION to Dismiss with Prejudice by Plaintiff Osprey Packs, Inc.. (Attachments: # (1) Proposed Order (PDF Only))(Graham, Daniel) |
| Jun 22, 2022 | 65 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 22 June 2022. This matter comes before the Court sua sponte. Because the Court construes the seventh status report as a notice of settlement, the parties are ORDERED to file dismissal papers on or before July 1, 2022. Should the parties fail to do so, the Court will recommend dismissal of this case without further notice to the parties. (cmadr, ) |
| Jun 7, 2022 | 64 | Status Report (2) Docket Text: Seventh STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| May 17, 2022 | 63 | Status Report (2) Docket Text: Sixth STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| May 5, 2022 | 62 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 5 May 2022. Before the Court is the parties' status report filed April 4, 2022. ECF [61]. There, the parties indicated that they were continuing settlement negotiations and were "hopeful that they will be able to finalize an agreement within the next two to three weeks." It is now a month after that status report was filed, and no update has been provided. Accordingly, the Court directs the parties to submit a status report regarding the status of this case and settlement negotiations on or before May 19, 2022. (cmadr, ) |
| Apr 4, 2022 | 61 | Status Report (2) Docket Text: Fifth STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Mar 3, 2022 | 60 | Status Report (3) Docket Text: Fourth STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Feb 7, 2022 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: ORDER granting [58] Motion to Withdraw as Attorney. Attorney Michael Alex Sink is permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff continues to be represented by Daniel Graham, Lindsey Dunn and Sabrina Danielson. FURTHER ORDERED that the Clerk of the Court delete Mr. Sink's email address from future ECF filings and electronic notifications in this matter. SO ORDERED by Judge Regina M. Rodriguez on 2/7/2022. Text Only Entry(rmrja) |
| Feb 7, 2022 | 58 | Motion to Withdraw as Attorney (3) Docket Text: Unopposed MOTION to Withdraw as Attorney by Plaintiff Osprey Packs, Inc.. (Sink, Michael) |
| Feb 3, 2022 | 57 | Status Report (3) Docket Text: STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Jan 31, 2022 | N/A | Order on Motion to Withdraw (0) Docket Text: ORDER granting [55] Unopposed MOTION to Withdraw. Attorney Sabrina J. Danielson is permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff continues to be represented by Daniel Graham, Lindsey Dunn and Michael A. Sink. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Danielson's email address from future ECF filings and electronic notifications in this matter. SO ORDERED by Judge Regina M. Rodriguez on 1/31/2022. Text Only Entry(rmrja) |
| Jan 31, 2022 | 55 | Motion to Withdraw (3) Docket Text: Unopposed MOTION to Withdraw by Plaintiff Osprey Packs, Inc.. (Danielson, Sabrina) |
| Jan 13, 2022 | 54 | Status Report (3) Docket Text: STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Jan 10, 2022 | 53 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 10 January 2022. Before the Court is the parties' status report filed December 6, 2021. ECF [52]. There, the parties indicated that they were continuing settlement negotiations and would provide another status update to the Court no later than January 5. No further status reports have been filed. Accordingly, the Court directs the parties to submit a status report regarding the status of this case and settlement negotiations on or before January 14, 2022. (cmadr, ) |
| Dec 6, 2021 | 52 | Status Report (3) Docket Text: First STATUS REPORT by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Nov 5, 2021 | 51 | Settlement Conference (2) Docket Text: MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 11/4/2021. FTR: A501. (cthom, ) |
| Nov 5, 2021 | 50 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 5 November 2021. This matter comes before the Court following the settlement conference held yesterday with the parties. Although no settlement was reached, the parties agreed to continue to engage in negotiations toward resolution of the case. In light of the parties' efforts, all deadlines are stayed pending further order of the Court. The parties are directed to submit a status report every thirty days, with the first status report due on or before December 6, 2021, to inform the Court on the progress of settlement. If either party believes that settlement is no longer possible, that party can move the Court to lift the stay, and the Court will do so. (cmadr, ) |
| Oct 13, 2021 | 49 | Order on Motion to Amend/Correct/Modify (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 13 October 2021. For good cause shown, the parties' Joint Motion for Extension of Time for Expert Discovery and Corresponding Deadlines [47] is granted. Section 9(b) of the Scheduling Order is modified as follows: Fact Discovery Cut-off: January 21, 2022.(cmadr, ) |
| Oct 12, 2021 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [47] Joint MOTION to Amend/Correct/Modify [27] Scheduling Order To Extend The Time For Fact Discovery Depositions filed by Osprey Packs, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Regina M Rodriguez on 10/12/2021. Text Only Entry (rmrja) |
| Oct 11, 2021 | 47 | Proposed Order (PDF Only) (1) |
| Oct 11, 2021 | 47 | Main Document (4) Docket Text: Joint MOTION to Amend/Correct/Modify [27] Scheduling Order To Extend The Time For Fact Discovery Depositions by Plaintiff Osprey Packs, Inc.. (Attachments: # (1) Proposed Order (PDF Only))(Graham, Daniel) |
| Sep 23, 2021 | 46 | Reply to Response to Motion (12) Docket Text: REPLY to Response to [43] MOTION for Partial Summary Judgment As To Defendant Aether's Liability On Plaintiff Osprey's Breach of Contract Claim filed by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Sep 22, 2021 | 45 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Lindsey Erin Dunn on behalf of Osprey Packs, Inc.Attorney Lindsey Erin Dunn added to party Osprey Packs, Inc.(pty:pla) (Dunn, Lindsey) |
| Sep 9, 2021 | 44 | Declaration of Eric Caligiuri (2) |
| Sep 9, 2021 | 44 | Exhibit E: 8/4/21 email (3) |
| Sep 9, 2021 | 44 | Exhibit D: Osprey Resp. to Interrogs 11 and 12 (8) |
| Sep 9, 2021 | 44 | Exhibit C: 9/13/18 letter from WilmerHale (5) |
| Sep 9, 2021 | 44 | Exhibit B: Response to Office Action (8) |
| Sep 9, 2021 | 44 | Exhibit A: Decl. of Jonah Smith (4) |
| Sep 9, 2021 | 44 | Main Document (21) Docket Text: BRIEF in Opposition to [43] MOTION for Partial Summary Judgment As To Defendant Aether's Liability On Plaintiff Osprey's Breach of Contract Claim filed by Defendant Aether, LLC. (Attachments: # (1) Exhibit A: Decl. of Jonah Smith, # (2) Exhibit B: Response to Office Action, # (3) Exhibit C: 9/13/18 letter from WilmerHale, # (4) Exhibit D: Osprey Resp. to Interrogs 11 and 12, # (5) Exhibit E: 8/4/21 email, # (6) Declaration of Eric Caligiuri)(Caligiuri, Eric) |
| Aug 19, 2021 | 43 | Exhibit D Trademark Coexistence Agreement (8) |
| Aug 19, 2021 | 43 | Exhibit C Rigney Affidavit (2) |
| Aug 19, 2021 | 43 | Exhibit B RFA Responses (2) |
| Aug 19, 2021 | 43 | Exhibit A Scheduling Order (16) |
| Aug 19, 2021 | 43 | Main Document (9) Docket Text: MOTION for Partial Summary Judgment As To Defendant Aether's Liability On Plaintiff Osprey's Breach of Contract Claim by Plaintiff Osprey Packs, Inc.. (Attachments: # (1) Exhibit A Scheduling Order, # (2) Exhibit B RFA Responses, # (3) Exhibit C Rigney Affidavit, # (4) Exhibit D Trademark Coexistence Agreement)(Graham, Daniel) |
| Aug 12, 2021 | 42 | Order (2) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 12 August 2021. Pursuant to ECF [40], this Court will hold a settlement conference in this case on November 4, 2021, at 10:30 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. (cmadr, ) |
| Jul 28, 2021 | 41 | Minute Order (1) Docket Text: MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 7/28/2021. The Final Pretrial Conference currently set for May 9, 2022 and the deadline for filing the proposed Final Pretrial Order are VACATED. (agarc, ) |
| Jul 28, 2021 | N/A | Order on Motion for Leave (0) Docket Text: ORDER: Granting [38] Motion for Leave to SET ALTERNATIVE DISPUTE RESOLUTION SESSION WITH MAGISTRATE JUDGE HEGARTY. SO ORDERED. By Judge Regina M Rodriguez on 7/28/2021. Text Only Entry(rmrja) |
| Jul 22, 2021 | 39 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 22 July 2021. At the request of the parties, the Discovery Conference set for July 26, 2021 at 3:00 p.m. is vacated. (cmadr, ) |
| Jul 22, 2021 | 38 | Motion for Leave (3) Docket Text: Joint MOTION for Leave to SET ALTERNATIVE DISPUTE RESOLUTION SESSION WITH MAGISTRATE JUDGE HEGARTY by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Jul 19, 2021 | 37 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 19 July 2021. At the request of the parties, the Court will hold a Discovery Conference on July 26, 2021, at 3:00 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, ) |
| Jul 6, 2021 | N/A | Reassigning Judge (0) Docket Text: REASSIGNING JUDGE. 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-00599-RMR-MEH. (Text Only Entry) (evana, ) |
| Jun 17, 2021 | 35 | Protective Order (8) Docket Text: STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 6/17/2021. (jgonz, ) |
| Jun 16, 2021 | 34 | Order on Motion for Protective Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 June 2021. Before the Court is the parties' Stipulated Motion for Entry of Stipulated Protective Order [32] and the proposed stipulated protective order. For good cause shown, the Motion is granted. For issuance of the stipulated protective order, the parties are directed to send an editable copy (i.e., Word) of the proposed order to hegarty_chambers@cod.uscourts.gov.(cmadr, ) |
| Jun 15, 2021 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [32] Stipulated MOTION for Protective Order filed by Osprey Packs, Inc. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 6/15/2021. Text Only Entry (cmasec) |
| Jun 15, 2021 | 32 | Exhibit A (8) |
| Jun 15, 2021 | 32 | Main Document (4) Docket Text: Stipulated MOTION for Protective Order by Plaintiff Osprey Packs, Inc.. (Attachments: # (1) Exhibit A)(Graham, Daniel) |
| Jun 4, 2021 | 31 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 4 June 2021. Before the Court is the parties' notice of proposed stipulated protective order. ECF [30]. If the parties wish for the Court to enter the stipulated protective order, they must do so by requesting that relief in a motion. (cmadr, ) |
| Jun 2, 2021 | 30 | Notice (Other) (8) Docket Text: NOTICE Of Proposed Stipulated Protective Order. by Plaintiff Osprey Packs, Inc. (Graham, Daniel) |
| May 19, 2021 | 29 | Order (2) Docket Text: Stipulated Rule 502(d) ORDER by Magistrate Judge Michael E. Hegarty on 19 May 2021. (cmadr, ) |
| May 12, 2021 | 28 | Notice (Other) (2) Docket Text: NOTICE of Stipulated Rule 502(d) Order by Plaintiff Osprey Packs, Inc. (Graham, Daniel) |
| May 10, 2021 | 27 | Scheduling Order (16) Docket Text: SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 10 May 2021. (cmadr, ) |
| May 10, 2021 | 26 | Scheduling Conference (2) Docket Text: COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 5/10/2021. FTR: A501. (cthom, ) |
| May 4, 2021 | 25 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Eric Anthony Caligiuri on behalf of Aether, LLCAttorney Eric Anthony Caligiuri added to party Aether, LLC(pty:dft) (Caligiuri, Eric) |
| May 4, 2021 | 24 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Marvin Gelfand on behalf of Aether, LLCAttorney Marvin Gelfand added to party Aether, LLC(pty:dft) (Gelfand, Marvin) |
| May 3, 2021 | 23 | Proposed Scheduling Order (16) Docket Text: Proposed Scheduling Order by Plaintiff Osprey Packs, Inc.. (Graham, Daniel) |
| Apr 24, 2021 | N/A | ADVISORY Notice to Attorney(s) (0) Docket Text: ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Sabrina J. Danielson 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) |
| Apr 20, 2021 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 4/20/2021. Text Only Entry (cmasec) |
| Apr 20, 2021 | N/A | Case Reassigned (0) Docket Text: CASE REASSIGNED pursuant to Minute Order [19]. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 21-cv-00599-CMA. (Text Only Entry) (cmadr, ) |
| Apr 20, 2021 | 19 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 20 April 2021. Pursuant to the consent form filed by the parties declining consent under the D.C.Colo.LCivR 40.1(c) (ECF [18]), the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72 and D.C.Colo.LCivR 72.1(c). (cmadr, ) |
| Apr 19, 2021 | 18 | Notice (Other) (3) Docket Text: NOTICE OF ELECTION CONCERNING CONSENT/NON-CONSENT TO US MAGISTRATE JUDGE JURISDICTION by Plaintiff Osprey Packs, Inc. (Graham, Daniel) |
| Apr 6, 2021 | 17 | Statement (2) Docket Text: STATEMENT Fed Rule Civ. Pro. 7.1 by Defendant Aether, LLC. (Smith, J.) |
| Apr 6, 2021 | 16 | Answer to Complaint (14) Docket Text: ANSWER to [1] Complaint, and Jury Demand by Aether, LLC.(Smith, J.) |
| Mar 24, 2021 | 15 | Order on Motion to Withdraw as Attorney (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 24 March 2021. The Motion to Withdraw as Counsel by Elizabeth Manno [14] is granted. Ms. Manno's representation of Plaintiff in this case is terminated. Plaintiff will continue to be represented by Daniel Albert Nicholas Graham, Michael Alex Sink, and Sabrina J. Danielson of Perkins Coie LLP.(cmadr, ) |
| Mar 23, 2021 | 14 | Proposed Order (PDF Only) (1) |
| Mar 23, 2021 | 14 | Main Document (3) Docket Text: MOTION to Withdraw as Attorney by Plaintiff Osprey Packs, Inc.. (Attachments: # (1) Proposed Order (PDF Only))(Manno, Elizabeth) |
| Mar 18, 2021 | 13 | Order on Motion for Extension of Time to Answer or Otherwise Respond (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 18 March 2021. For good cause shown, Defendant's "Unopposed Motion for Extension of Time for Defendant to File Its Answer or Other Response to Complaint" [12] is granted. Defendant shall file its answer or other response to the operative Complaint on or before April 6, 2021.(cmadr, ) |
| Mar 17, 2021 | 12 | Proposed Order (PDF Only) Granting Unopposed Motion for Extension to Answer or R (1) |
| Mar 17, 2021 | 12 | Main Document (3) Docket Text: MOTION for Extension of Time to File Answer or Otherwise Respond re [1] Complaint, by Defendant Aether, LLC. (Attachments: # (1) Proposed Order (PDF Only) Granting Unopposed Motion for Extension to Answer or Respond to Complaint)(Smith, J.) |
| Mar 17, 2021 | 11 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by J. Mark Smith on behalf of Aether, LLCAttorney J. Mark Smith added to party Aether, LLC(pty:dft) (Smith, J.) |
| Mar 3, 2021 | 10 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Osprey Packs, Inc.. Aether, LLC served on 3/2/2021, answer due 3/23/2021. (Graham, Daniel) |
| Mar 2, 2021 | 9 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Michael Alex Sink on behalf of Osprey Packs, Inc.Attorney Michael Alex Sink added to party Osprey Packs, Inc.(pty:pla) (Sink, Michael) |
| Mar 2, 2021 | 8 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Daniel Albert Nicholas Graham on behalf of Osprey Packs, Inc.Attorney Daniel Albert Nicholas Graham added to party Osprey Packs, Inc.(pty:pla) (Graham, Daniel) |
| Mar 2, 2021 | 7 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Sabrina J. Danielson on behalf of Osprey Packs, Inc.Attorney Sabrina J. Danielson added to party Osprey Packs, Inc.(pty:pla) (Danielson, Sabrina) |
| Mar 2, 2021 | 6 | Order (2) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 2 March 2021. Consent Form due by 4/20/2021. Proposed Scheduling Order due 5/3/2021. Scheduling Conference set for 5/10/2021 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) |
| Mar 2, 2021 | N/A | Administrative Notice (0) Docket Text: Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jtorr, ) |
| Mar 1, 2021 | 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. (jtorr, ) |
| Mar 1, 2021 | 3 | Magistrate Judge Consent Form (4) |
| Mar 1, 2021 | 3 | Main Document (2) Docket Text: SUMMONS issued by Clerk. (Attachments: # (1) Magistrate Judge Consent Form) (jtorr, ) |
| Mar 1, 2021 | N/A | Case Assigned to Judge (0) Docket Text: Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) |
| Mar 1, 2021 | 1 | Corporate Disclosure (2) |
| Mar 1, 2021 | 1 | Summons (2) |
| Mar 1, 2021 | 1 | Civil Case Cover Sheet (1) |
| Mar 1, 2021 | 1 | Exhibit A (8) |
| Mar 1, 2021 | 1 | Main Document (15) Docket Text: COMPLAINT against Aether, LLC (Filing fee $ 402,Receipt Number 1082-7740713)Attorney Elizabeth M. Manno added to party Osprey Packs, Inc., a Colorado corporation(pty:pla), filed by Osprey Packs, Inc., a Colorado corporation. (Attachments: # (1) Exhibit A, # (2) Civil Case Cover Sheet, # (3) Summons, # (4) Corporate Disclosure)(Manno, Elizabeth) Modified on 3/2/2021 to correct docket text (trvo, ). |
