Case number 1:17-cv-01523
Phoenix Entertainment Partners, LLC v. Opperman et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 14, 2018 | 54 | Order on Motion for Attorney Fees (7) Docket Text: ORDER that this case is now DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that Opperman's, Tripolar's, Xcessive Throttle's, Marina Enterprises', & 7545's Motion for Attorney Fees Under 35 U.S.C. § 1117(a) and Colo.Rev. Stat. § 13-17-102 filed April 10, 2018 ECF No. [50] is DENIED, by Judge Wiley Y. Daniel on 6/14/2018. (evana, ) |
| May 15, 2018 | 53 | Exhibit B - USPTO Document (6) |
| May 15, 2018 | 53 | Exhibit A - Declaration of Jonathan Phillips (3) |
| May 15, 2018 | 53 | Main Document (7) Docket Text: REPLY to Response to [50] MOTION for Attorney Fees filed by Defendants 7545 Inc., Marina Enterprises, Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc.. (Attachments: # (1) Exhibit A - Declaration of Jonathan Phillips, # (2) Exhibit B - USPTO Document)(Phillips, Jonathan) |
| May 1, 2018 | 52 | Exhibit A - Declaration of Kurt J. Slep (4) |
| May 1, 2018 | 52 | Main Document (14) Docket Text: RESPONSE to [50] MOTION for Attorney Fees filed by Plaintiff Phoenix Entertainment Partners, LLC. (Attachments: # (1) Exhibit A - Declaration of Kurt J. Slep)(Harrington, James) |
| Apr 11, 2018 | 51 | Notice of Supplemental Authorities (2) Docket Text: NOTICE of Supplemental Authorities concerning Eleventh Circuit applying Octane Fitness to Lanham Act re: [50] MOTION for Attorney Fees by Defendants 7545 Inc., Marina Enterprises, Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc. (Phillips, Jonathan) |
| Apr 10, 2018 | 50 | Exhibit D - Declaration re: Fees (32) |
| Apr 10, 2018 | 50 | Exhibit C - Email from James Harrington (2) |
| Apr 10, 2018 | 50 | Exhibit B - Declaration of David Opperman (2) |
| Apr 10, 2018 | 50 | Exhibit A - Letter from Kurt Slep (5) |
| Apr 10, 2018 | 50 | Main Document (16) Docket Text: MOTION for Attorney Fees by Defendants 7545 Inc., Marina Enterprises, Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc.. (Attachments: # (1) Exhibit A - Letter from Kurt Slep, # (2) Exhibit B - Declaration of David Opperman, # (3) Exhibit C - Email from James Harrington, # (4) Exhibit D - Declaration re: Fees)(Phillips, Jonathan) |
| Apr 9, 2018 | 49 | Notice of Voluntary Dismissal of Case (2) Docket Text: NOTICE of Voluntary Dismissal of Case (Amended Dismissal With Prejudice) by Plaintiff Phoenix Entertainment Partners, LLC (Harrington, James) |
| Mar 29, 2018 | 48 | 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. (evana, ) |
| Mar 29, 2018 | 47 | Order Dismissing Case (1) Docket Text: ORDER DISMISSING CASE In accordance with Plaintiff's Notice of Voluntary Dismissal of Case filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) on March 28, 2018 ECF No. [46], it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE. It is FURTHER ORDERED that in light of the dismissal of the case, the pending motions to dismiss ECF Nos. [22], [23], and [33] are DENIED AS MOOT, by Judge Wiley Y. Daniel on 3/29/2018. (evana, ) |
| Mar 28, 2018 | 46 | Notice of Voluntary Dismissal of Case (2) Docket Text: NOTICE of Voluntary Dismissal of Case without prejudice by Plaintiff Phoenix Entertainment Partners, LLC (Harrington, James) |
| Mar 28, 2018 | 45 | Order (1) Docket Text: ORDER re: [44] Notice of Voluntary Dismissal of Party filed by Phoenix Entertainment Partners, LLC, Coleman Commercial Property, Inc. (a Colorado corporation) is DISMISSED WITH PREJUDICE, by Judge Wiley Y. Daniel on 3/28/2018. (evana, ) |
| Mar 28, 2018 | 44 | Notice of Dismissal of Party (2) Docket Text: NOTICE of Voluntary Dismissal of Party Coleman Commercial Property Inc. by Plaintiff Phoenix Entertainment Partners, LLC (Harrington, James) |
| Feb 20, 2018 | 43 | Order (1) Docket Text: ORDER re: [40] Notice of Voluntary Dismissal of Party filed by Phoenix Entertainment Partners, LLC, it is ORDERED that Defendant Ned Kelly Inc. (a Colorado corporation) is DISMISSED WITH PREJUDICE, by Judge Wiley Y. Daniel on 2/20/2018. (evana, ) |
| Feb 20, 2018 | 42 | Exhibit Slip opinion (20) |
| Feb 20, 2018 | 42 | Main Document (2) Docket Text: NOTICE of Supplemental Authorities re: [23] MOTION to Dismiss for Failure to State a Claim , [22] MOTION to Dismiss for Failure to State a Claim by Plaintiff Phoenix Entertainment Partners, LLC (Attachments: # (1) Exhibit Slip opinion)(Harrington, James) |
| Feb 13, 2018 | 41 | Notice of Supplemental Authorities (2) Docket Text: NOTICE of Supplemental Authorities (Response to Defendants' Notice) re: [23] MOTION to Dismiss for Failure to State a Claim , [35] Notice of Supplemental Authorities, [22] MOTION to Dismiss for Failure to State a Claim by Plaintiff Phoenix Entertainment Partners, LLC (Harrington, James) |
| Feb 13, 2018 | 40 | Notice of Dismissal of Party (2) Docket Text: NOTICE of Voluntary Dismissal of Party Ned Kelly Inc. by Plaintiff Phoenix Entertainment Partners, LLC (Harrington, James) |
| Feb 13, 2018 | 39 | Minute Order (1) Docket Text: MINUTE ORDER re: [24] Notice of Settlement filed by Ned Kelly Inc. by Magistrate Judge Michael E. Hegarty on 02/13/2018. Dismissal Paper or Status Report status report detailing why they have failed to comply with the Courts deadline due by 2/14/2018. (mdave, ) |
| Feb 13, 2018 | 38 | Order on Motion to Amend/Correct/Modify (1) Docket Text: MINUT ORDER granting [36] Agreed Motion to Modify Scheduling Order by Magistrate Judge Michael E. Hegarty on 02/13/2018. Discovery due by 6/11/2018. Dispositive Motions due by 7/20/2018. (mdave, ) |
| Feb 12, 2018 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [36] Joint MOTION to Amend/Correct/Modify filed by 7545 Inc., Coleman Commercial Property, Inc., Tripolar, LLC, Xcessive Throttle Inc., David Opperman, Marina Enterprises, Inc. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 2/12/18. Text Only Entry (rkeec) |
| Feb 12, 2018 | 36 | Proposed Order (PDF Only) (1) |
| Feb 12, 2018 | 36 | Main Document (3) Docket Text: Joint MOTION to Amend/Correct/Modify by Defendants 7545 Inc., Coleman Commercial Property, Inc., Marina Enterprises, Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc.. (Attachments: # (1) Proposed Order (PDF Only))(Phillips, Jonathan) |
| Feb 5, 2018 | 35 | Notice of Supplemental Authorities (2) Docket Text: NOTICE of Supplemental Authorities re: [23] MOTION to Dismiss for Failure to State a Claim , [22] MOTION to Dismiss for Failure to State a Claim , [33] MOTION to Dismiss for Failure to State a Claim by Defendants 7545 Inc., Coleman Commercial Property, Inc., Marina Enterprises, Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc. (Phillips, Jonathan) |
| Oct 8, 2017 | 34 | Reply to Response to Motion (10) Docket Text: REPLY to Response to [23] MOTION to Dismiss for Failure to State a Claim , [22] MOTION to Dismiss for Failure to State a Claim , [33] MOTION to Dismiss for Failure to State a Claim filed by Defendants 7545 Inc., Coleman Commercial Property, Inc., Marina Enterprises, Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc.. (Phillips, Jonathan) |
| Oct 8, 2017 | 33 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim by Defendant Tripolar, LLC. (Phillips, Jonathan) |
| Oct 8, 2017 | 32 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Phillips, Jonathan) |
| Oct 8, 2017 | 31 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Jonathan Lucas Allen Phillips on behalf of Tripolar, LLCAttorney Jonathan Lucas Allen Phillips added to party Tripolar, LLC(pty:dft) (Phillips, Jonathan) |
| Oct 4, 2017 | 30 | Scheduling Order (10) Docket Text: SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 10/5/2017. Discovery due by 3/9/2018. Dispositive Motions due by 4/20/2018. (tsher, ) |
| Oct 2, 2017 | 29 | Scheduling Conference (1) Docket Text: COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty. Scheduling Conference held on 10/2/2017. FTR: Courtroom A501. (mdave, ) |
| Sep 28, 2017 | 28 | Response to Motion (18) Docket Text: RESPONSE to [23] MOTION to Dismiss for Failure to State a Claim , [22] MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Phoenix Entertainment Partners, LLC. (Harrington, James) |
| Sep 25, 2017 | N/A | Minute Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 09/25/2017. Plaintiffs counsel, James Harrington, may appear by telephone at the Scheduling Conference on 10/2/2017 at 9:45 a.m. Counsel shall call my chambers at (303) 844-4507 at the appointed time. (mdave, ) |
| Sep 25, 2017 | 26 | Proposed Scheduling Order (8) Docket Text: Proposed Scheduling Order by Plaintiff Phoenix Entertainment Partners, LLC. (Harrington, James) |
| Sep 22, 2017 | 25 | Minute Order (1) Docket Text: MINUTE ORDER re: [24] Notice of Settlement filed by Ned Kelly Inc. by Magistrate Judge Michael E. Hegarty on 09/22/2017. Dismissal Paper on behalf of defendant Ned Kelly, Inc. due by 10/23/2017. (mdave, ) |
| Sep 21, 2017 | 24 | Notice of Settlement (3) Docket Text: NOTICE of Settlement by Defendant Ned Kelly Inc. (Sears, Spencer) |
| Sep 7, 2017 | 23 | Exhibit A - Letter from Phoenix (4) |
| Sep 7, 2017 | 23 | Main Document (12) Docket Text: MOTION to Dismiss for Failure to State a Claim by Defendants 7545 Inc., Coleman Commercial Property, Inc., Marina Enterprises, Inc., Xcessive Throttle Inc.. (Attachments: # (1) Exhibit A - Letter from Phoenix)(Phillips, Jonathan) |
| Sep 7, 2017 | 22 | Motion to Dismiss for Failure to State a Claim (13) Docket Text: MOTION to Dismiss for Failure to State a Claim by Defendant David Opperman. (Phillips, Jonathan) |
| Sep 5, 2017 | 21 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Phillips, Jonathan) |
| Sep 5, 2017 | 20 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Phillips, Jonathan) |
| Sep 5, 2017 | 19 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Phillips, Jonathan) |
| Sep 5, 2017 | 18 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Phillips, Jonathan) |
| Aug 18, 2017 | 17 | 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 Defendant Coleman Commercial Property, Inc.. Coleman Commercial Property, Inc. answer due 9/7/2017. (Phillips, Jonathan) |
| Aug 18, 2017 | 16 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Jonathan Lucas Allen Phillips on behalf of Coleman Commercial Property, Inc.Attorney Jonathan Lucas Allen Phillips added to party Coleman Commercial Property, Inc.(pty:dft) (Phillips, Jonathan) |
| Aug 17, 2017 | 15 | Order on Motion to Continue (1) Docket Text: MINUTE ORDER granting [13] Joint Motion to Continue Scheduling Conference by Magistrate Judge Michael E. Hegarty on 08/17/2017. The Scheduling Conference set for 8/23/2017 is VACATED and RESET for 10/2/2017 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, ) |
| Aug 16, 2017 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [13] Joint MOTION to Continue Scheduling Conference filed by Phoenix Entertainment Partners, LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 8/16/17. Text Only Entry (rkeec) |
| Aug 16, 2017 | 13 | Motion to Continue (3) Docket Text: Joint MOTION to Continue Scheduling Conference by Plaintiff Phoenix Entertainment Partners, LLC. (Harrington, James) |
| Aug 16, 2017 | N/A | Notice of Noncompliance with Court Procedures/Rules (0) Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: [11] Stipulation for Extension of Time to Answer/Respond to Complaint, [10] Notice of Entry of Appearance,, filed by attorney Jonathan Phillips. 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) (evana, ) |
| Aug 16, 2017 | 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 Marina Enterprises, Inc., Xcessive Throttle Inc., 7545 Inc., David Opperman. Marina Enterprises, Inc. answer due 9/7/2017; Xcessive Throttle Inc. answer due 9/7/2017; 7545 Inc. answer due 9/7/2017; David Opperman answer due 9/7/2017. (Phillips, Jonathan) |
| Aug 16, 2017 | 10 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Jonathan Lucas Allen Phillips on behalf of 7545 Inc., Marina Enterprises, Inc., David Opperman, Xcessive Throttle Inc.Attorney Jonathan Lucas Allen Phillips added to party 7545 Inc.(pty:dft), Attorney Jonathan Lucas Allen Phillips added to party Marina Enterprises, Inc.(pty:dft), Attorney Jonathan Lucas Allen Phillips added to party David Opperman(pty:dft), Attorney Jonathan Lucas Allen Phillips added to party Xcessive Throttle Inc.(pty:dft) (Phillips, Jonathan) |
| Jul 13, 2017 | 9 | Minute Order (1) Docket Text: MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 07/13/2017. Scheduling Conference is RESET for 8/23/2017 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, ) |
| Jul 7, 2017 | 8 | Order Reassigning Case (2) Docket Text: ORDER TRANSFERRING CASE. Case transferred to Judge Wiley Y. Daniel. Judge Christine M. Arguello no longer assigned to case. By Judge Christine M. Arguello on 07/07/2017. (athom, ) |
| Jun 27, 2017 | 7 | Minute Order (2) Docket Text: MINUTE ORDER Setting Scheduling Conference by Magistrate Judge Michael E. Hegarty on 6/27/2017. Scheduling Conference set for 8/22/2017 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) |
| Jun 26, 2017 | 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. FURTHER, 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, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED BY Judge Christine M. Arguello on 6/26/2017. Text Only Entry (cmasec) |
| Jun 23, 2017 | 5 | Magistrate Judge Consent Form (4) |
| Jun 23, 2017 | 5 | Summons (2) |
| Jun 23, 2017 | 5 | Summons (2) |
| Jun 23, 2017 | 5 | Summons (2) |
| Jun 23, 2017 | 5 | Summons (2) |
| Jun 23, 2017 | 5 | Summons (2) |
| Jun 23, 2017 | 5 | Summons (2) |
| Jun 23, 2017 | 5 | Main Document (2) Docket Text: SUMMONS issued by Clerk. (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Summons, # (5) Summons, # (6) Summons, # (7) Magistrate Judge Consent Form) (dbera, ) |
| Jun 22, 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. (dbera, ) |
| Jun 22, 2017 | N/A | Case Assigned to Judge (0) Docket Text: Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (dbera, ) |
| Jun 22, 2017 | 2 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Harrington, James) |
| Jun 22, 2017 | 1 | Summons 7545 (2) |
| Jun 22, 2017 | 1 | Summons Xcessive Throttle (2) |
| Jun 22, 2017 | 1 | Summons Marina (2) |
| Jun 22, 2017 | 1 | Summons Tripolar (2) |
| Jun 22, 2017 | 1 | Summons CCPI (2) |
| Jun 22, 2017 | 1 | Summons Ned Kelly (2) |
| Jun 22, 2017 | 1 | Summons David Opperman (2) |
| Jun 22, 2017 | 1 | Civil Cover Sheet (1) |
| Jun 22, 2017 | 1 | Main Document (22) Docket Text: COMPLAINT against 7545 Inc., Coleman Commercial Property, Inc., Marina Enterprises, Inc., Ned Kelly Inc., David Opperman, Tripolar, LLC, Xcessive Throttle Inc. (Filing fee $ 400,Receipt Number 1082-5581982)Attorney James Michael Harrington added to party Phoenix Entertainment Partners, LLC(pty:pla), filed by Phoenix Entertainment Partners, LLC. (Attachments: # (1) Civil Cover Sheet, # (2) Summons David Opperman, # (3) Summons Ned Kelly, # (4) Summons CCPI, # (5) Summons Tripolar, # (6) Summons Marina, # (7) Summons Xcessive Throttle, # (8) Summons 7545)(Harrington, James) |
