Case number 1:21-cv-02732
SEBO America, LLC v. Tumicks LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 31, 2022 | 36 | Default Judgment (2) Docket Text: DEFAULT JUDGMENT in favor of SEBO America, LLC and against Tumicks LLC pursuant to [35] Order Granting in Part and Denying in Part Plaintiff's Motion for Default Judgment, by Clerk on 3/31/2022. (ebuch) |
| Mar 30, 2022 | 35 | Order (18) Docket Text: ORDER re: [22] Plaintiff SEBO America, LLC's Motion for Default Judgment is GRANTED IN PART, to the extent stated below, and otherwise is DENIED; The Clerk shall enter Final Judgment in favor of Plaintiff on the following claims: Federal Trademark Infringement (Count One); False Advertisement (Count Three); (3) Unfair Competition (Count Four); (4) Common Law Unfair Competition (Count Five); (5) Common Law Trademark Infringement (Count Six); and Colorado Consumer Protection Act (Count Seven). Further, the Court ORDERS a Permanent Injunction in Plaintiff's favor, enjoining Defendant Tumicks LLC from using the SEBO Trademarks in the United States in commerce to which Plaintiffs trademark protection extends. Defendant is also enjoined from representing that it is an authorized vendor of goods bearing the SEBO Trademarks. ORDERED that Defendant shall deliver to Plaintiff a written accounting which details the gains and profits realized by Defendant through its use of any of the SEBO Trademarks since July 1, 2021. SO ORDERED by Judge Christine M. Arguello on 3/30/2022. (sphil, ) |
| Mar 24, 2022 | 34 | Supplement/Amendment (8) Docket Text: SUPPLEMENT/AMENDMENT to [22] MOTION for Default Judgment as to Tumicks LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Mar 21, 2022 | N/A | Order on Motion to Continue (0) Docket Text: MINUTE ORDER: Plaintiff's Third Motion to Continue Scheduling Conference [30] is GRANTED. The Scheduling Conference set for 4/6/2022 at 10:30 AM is hereby VACATED. Plaintiff shall contact the chambers of Magistrate Judge Nina Y. Wang within three (3) business days of the court's ruling on Plaintiff's Motion for Default Judgment [22], should further scheduling in this case be necessary. By Magistrate Judge Nina Y. Wang on 3/21/2022. Text Only Entry (nywlc3, ) |
| Mar 17, 2022 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [30] Third MOTION to Continue filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 3/17/2022. Text Only Entry (cmasec) |
| Mar 17, 2022 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [30] Third MOTION to Continue filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 3/17/2022. Text Only Entry (cmasec) |
| Mar 16, 2022 | 30 | Motion to Continue (4) Docket Text: Third MOTION to Continue by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Mar 10, 2022 | N/A | Order (0) Docket Text: ORDER: Upon review of the [1] Complaint and [22] Plaintiff's Motion for Default Judgment, the Court finds that the Motion for Default Judgment inadequately briefs Plaintiff's damages. See Herzfeld v. Parker, 100 F.R.D. 770, 773 (D. Colo. 1984) (holding that default judgment cannot be entered until the amount of damages has been ascertained). Plaintiff is DIRECTED to supplement its [22] Motion for Default Judgment by 3/24/2022. Therein, Plaintiff shall brief what amount it seeks to recover in damages, as well as the basis for said damages, and to submit a supporting affidavit and/or other documentation. Plaintiff shall also brief what authority, if any, the Court has to enjoin a non-party or order it to pay damages to Plaintiff. Hawkinson v. Obrien, No. 18-CV-03022-PAB-KMT, 2020 WL 3619557, at *4 (D. Colo. July 2, 2020) (finding default judgment inappropriate where non-parties separately claim ownership of property). SO ORDERED by Judge Christine M. Arguello on 3/10/2022. Text Only Entry (cmasec) |
| Mar 3, 2022 | N/A | Order (0) Docket Text: ORDER: Discharging [26] Order to Show Cause pursuant to the filing of [27] Plaintiff's Response to Order to Show Cause. SO ORDERED by Judge Christine M. Arguello on 3/3/2022. Text Only Entry (cmasec) |
| Feb 25, 2022 | 27 | Declaration of Plaintiff's Attorney (2) |
| Feb 25, 2022 | 27 | Exhibit (8) |
| Feb 25, 2022 | 27 | Affidavit (3) |
| Feb 25, 2022 | 27 | Main Document (6) Docket Text: RESPONSE TO ORDER TO SHOW CAUSE re [26] by Plaintiff SEBO America, LLC. (Attachments: # (1) Affidavit, # (2) Exhibit, # (3) Declaration of Plaintiff's Attorney)(Sturman, Jeffrey) |
| Feb 4, 2022 | N/A | Order to Show Cause (0) Docket Text: ORDER TO SHOW CAUSE: This matter is before the Court sua sponte. Upon reviewing the filings in this case for purposes of entering a default judgment, the Court notes that the only allegation in the complaint relevant to personal jurisdiction is paragraph 16 in which it is generally alleged that "Defendant is subject to personal jurisdiction in this judicial district as Plaintiff is being damaged by Defendant's tortious conduct within this judicial district." The Declaration accompanying the [22] Motion for Default Judgment indicates only that Plaintiff's counsel placed "orders for numerous goods bearing the SEBO Trademarks from Defendants Amazon store" with the shipping of such goods to be made to Colorado. The Court needs further briefing from Plaintiff as to how these facts are sufficient to demonstrate that Defendant "purposefully directed its activities at residents of Colorado" so as to subject Defendant to either the personal or general jurisdiction of this Federal Court. See, Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 514 F.3d 1063, 1070 (10th Cir. 2008). It is therefore ORDERED that Plaintiff shall have up to and including 2/25/2022 to submit briefing on the issue of jurisdiction. SO ORDERED by Judge Christine M. Arguello on 2/4/2022. Text Only Entry (cmasec) |
| Feb 3, 2022 | N/A | Order on Motion to Continue (0) Docket Text: MINUTE ORDER: Plaintiff's Second Motion to Continue Scheduling Conference [23] is hereby GRANTED. The Telephonic Scheduling Conference is RESET for 4/6/2022 at 10:30 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. The Proposed Scheduling Order is due 3/30/2022. By Magistrate Judge Nina Y. Wang on 2/3/2022. Text Only Entry (nywlc3, ) |
| Feb 2, 2022 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [23] Second MOTION to Continue Scheduling Conference filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 2/2/2022. Text Only Entry (cmasec) |
| Feb 1, 2022 | 23 | Motion to Continue (4) Docket Text: Second MOTION to Continue Scheduling Conference by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Dec 27, 2021 | 22 | Declaration (3) |
| Dec 27, 2021 | 22 | Exhibit (3) |
| Dec 27, 2021 | 22 | Main Document (17) Docket Text: MOTION for Default Judgment as to Tumicks LLC by Plaintiff SEBO America, LLC. (Attachments: # (1) Exhibit, # (2) Declaration)(Sturman, Jeffrey) |
| Dec 13, 2021 | N/A | Order (0) Docket Text: ORDER: In light of Defendant's default, the Court vacates the Preliminary Injunction Hearing set for 9:00 a.m. on Thursday, 12/16/2021, but extends the TRO to allow Plaintiff time to file a Motion for Default Judgment. Plaintiff shall file a Motion for Default Judgment on or before 12/27/2021. FURTHER ORDERED that [14] Plaintiff's Motion for Leave to Appear Via Telephone at Preliminary Injunction Hearings is DENIED as moot. SO ORDERED by Judge Christine M. Arguello on 12/13/2021. Text Only Entry (cmasec) |
| Dec 13, 2021 | N/A | Order on Motion to Continue (0) Docket Text: MINUTE ORDER: Plaintiff's Motion to Continue Scheduling Conference [16] is hereby GRANTED. The Scheduling Conference is RESET for 2/8/2022 at 11:00 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. The Proposed Scheduling Order is due 2/1/2022. By Magistrate Judge Nina Y. Wang on 12/13/2021. Text Only Entry (nywlc3, ) |
| Dec 10, 2021 | N/A | Clerk's Entry of Default (0) Docket Text: Clerk's ENTRY OF DEFAULT as to Tumicks LLC re [15] MOTION for Entry of Default as to Tumicks LLC, by Clerk. Text Only Entry (evana, ) |
| Dec 10, 2021 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [16] First MOTION to Continue Scheduling Conference filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/10/2021. Text Only Entry (cmasec) |
| Dec 10, 2021 | 19 | Receipt (1) Docket Text: RECEIPT for $5,000, Receipt Number COX101430, by Plaintiff SEBO America, LLC re: [13] Order, (evana, ) |
| Dec 9, 2021 | 16 | Motion to Continue (4) Docket Text: First MOTION to Continue Scheduling Conference by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Dec 9, 2021 | 15 | Proposed Order (PDF Only) (1) |
| Dec 9, 2021 | 15 | Exhibit (2) |
| Dec 9, 2021 | 15 | Main Document (4) Docket Text: MOTION for Entry of Default as to Tumicks LLC by Plaintiff SEBO America, LLC. (Attachments: # (1) Exhibit, # (2) Proposed Order (PDF Only))(Sturman, Jeffrey) |
| Dec 9, 2021 | 14 | Motion for Leave (4) Docket Text: MOTION for Leave to Appear via Telephone [13] Order, by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Dec 3, 2021 | 13 | Order (5) Docket Text: TEMPORARY RESTRAINING ORDER. Granting [9] MOTION for Temporary Restraining Order filed by SEBO America, LLC. This Court will hold a hearing for resolution on the Plaintiff's request for a preliminary injunction on Thursday, December 16, 2021 at 9:00AM. It is FURTHER ORDERED that the Motion Hearing set for December 9, 2021 at 9:00AM is VACATED, by Judge Christine M. Arguello on 12/3/2021. (evana, ) |
| Nov 30, 2021 | N/A | Order (0) Docket Text: ORDER re [9] Motion for Temporary Restraining Order. A Motion Hearing is set for 12/9/2021, at 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. SO ORDERED by Judge Christine M. Arguello on 11/30/2021. Text Only Entry (cmasec) |
| Nov 5, 2021 | 11 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Tumicks LLC served on 11/4/2021, answer due 11/25/2021. (Sturman, Jeffrey) |
| Oct 27, 2021 | 10 | Notice (Other) (3) Docket Text: NOTICE of Related Cases by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Oct 23, 2021 | 9 | Proposed Order (PDF Only) (4) |
| Oct 23, 2021 | 9 | Affidavit (8) |
| Oct 23, 2021 | 9 | Declaration (2) |
| Oct 23, 2021 | 9 | Exhibit (32) |
| Oct 23, 2021 | 9 | Main Document (17) Docket Text: MOTION for Temporary Restraining Order by Plaintiff SEBO America, LLC. (Attachments: # (1) Exhibit, # (2) Declaration, # (3) Affidavit, # (4) Proposed Order (PDF Only))(Sturman, Jeffrey) |
| Oct 13, 2021 | 8 | Scheduling Order (1) Docket Text: ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 10/13/2021. Proposed Scheduling Order due 12/8/2021. Scheduling Conference set for 12/15/2021 11:00 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. (alave, ) |
| Oct 12, 2021 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). 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 10/12/2021. Text Only Entry (cmasec) |
| Oct 12, 2021 | 6 | 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, ) |
| Oct 12, 2021 | 5 | Magistrate Judge Consent Form (4) |
| Oct 12, 2021 | 5 | Main Document (1) Docket Text: SUMMONS issued by Clerk. (Attachments: # (1) Magistrate Judge Consent Form) (jtorr, ) |
| Oct 11, 2021 | N/A | Case Assigned to Judge (0) Docket Text: Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (jtorr, ) |
| Oct 11, 2021 | 3 | Summons Request (1) Docket Text: SUMMONS REQUEST as to Tumicks LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Oct 11, 2021 | 2 | Corporate Disclosure Statement (3) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Sturman, Jeffrey) |
| Oct 11, 2021 | 1 | Complaint (30) Docket Text: COMPLAINT against Tumicks LLC (Filing fee $ 402,Receipt Number ACODC-8118405)Attorney Jeffrey Michael Sturman added to party SEBO America, LLC(pty:pla), filed by SEBO America, LLC.(Sturman, Jeffrey) |
