Alfwear v. L.L. Bean

Utah District Court
Judge:	Dale A Kimball
Referred:	Brooke C Wells
Case #:	2:17-cv-01100
Nature of Suit	840 Property Rights - Trademark
Cause	15:1051 Trademark Infringement

Case Filed:	Oct 02, 2017
Terminated:	Nov 01, 2018

Last checked: Saturday Mar 31, 2018 3:13 AM MDT

Defendant L.L. Bean	Represented By Mark A. Miller Dorsey & Whitney LLP contact info Dawn Marie David Quinn Emanuel Urquhart & Sullivan contact info Nathaniel A. Bessey Brann & Isaacson contact info Stacy O. Stitham Brann & Isaacson contact info
Plaintiff Alfwear	Represented By S. Brandon Owen Ray Quinney & Nebeker contact info Trent H. Baker Baker & Associates PLLC contact info Adam Kenji Richards Ray Quinney & Nebeker contact info

GPO Aug 13 2018
2018. (eat)MEMORANDUM DECISION AND ORDER granting Defendant's 34 Motion to Compel. Plaintiff is ORDERED to provide the discovery responses within 30 days from the date of this order. Signed by Magistrate Judge Brooke C. Wells on 8/13/

1.	Utah-based retailer Alfwear files trademark infringement lawsuit against L.L. Bean over similar slogan (pressherald.com)
	Submitted Fri 10/06/2017

Docket last updated: 7 hours ago

Thursday, November 01, 2018
46		46 misc Report Regarding Patent and Trademark Thu 11/01 2:59 PM Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (eat) Related: [-]
45		45 1 pgs order Order on Motion to Dismiss Thu 11/01 2:52 PM ORDER granting 44 Stipulated Motion to Dismiss. All claims, counterclaims, and defenses made in this Civil Action by Alfwear against L. L. Bean and by L.L. Bean against Alfwear are hereby dismissed with prejudice. Alfwear and L. L. Bean shall each bear their own costs and attorneys' fees. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case. Signed by Judge Dale A. Kimball on 11/1/2018. (eat) Related: [-]
44		44 motion Dismiss Thu 11/01 2:34 PM Stipulated MOTION to Dismiss with Prejudice filed by Plaintiff Alfwear.(Owen, S.) Related: [-]
		Att: 1 Text of Proposed Order Granting Parties' Order of Dismissal
Friday, October 05, 2018
43		43 1 pgs order Order on Motion to Stay Fri 10/05 9:26 AM ORDER granting 42 Stipulated Motion to Extend Stay of Case until 11/1/2018, pending settlement negotiations. The parties shall file on or before 11/1/2018, a stipulated dismissal or a proposed amended case scheduling order. Signed by Magistrate Judge Brooke C. Wells on 10/5/2018. (eat) Related: [-]
Thursday, October 04, 2018
42		42 motion Stay Thu 10/04 2:01 PM Stipulated MOTION to Stay re41 Order on Motion to Stay,, Order on Motion to Vacate,30 Scheduling Order,, Terminate Motions, filed by Plaintiff Alfwear. Motions referred to Brooke C. Wells.(Owen, S.) Related: [-]
		Att: 1 Text of Proposed Order Granting Stipulated Motion to Extend Stay of Case Pending Settlement Negotiations
Tuesday, August 21, 2018
41		41 1 pgs order Order on Motion to Stay Order on Motion to Vacate Tue 08/21 11:15 AM ORDER granting 40 Stipulated Motion to Stay Case until 10/4/2018, pending settlement negotiations; and finding as moot 36 Motion to Vacate Mediation Deadline. The parties shall file on or before 10/4/2018, a stipulated dismissal or a proposed amended case scheduling order. Signed by Magistrate Judge Brooke C. Wells on 8/21/2018. (eat) Related: [-]
Monday, August 20, 2018
40		40 motion Stay Mon 08/20 3:12 PM Stipulated MOTION to Stay re30 Scheduling Order,, Terminate Motions, - Pending Deadlines during Settlement Negotiations - filed by Plaintiff Alfwear. Motions referred to Brooke C. Wells.(Owen, S.) Related: [-]
		Att: 1 Text of Proposed Order Granting Stipulated Motion to Modify Scheduling Order
Monday, August 13, 2018
39		39 4 pgs respm Memorandum in Opposition to Motion Mon 08/13 9:54 AM MEMORANDUM in Opposition re36 MOTION to Vacate25 Scheduling Order, and Memorandum in Support - Mediation Deadline - filed by Defendant L.L. Bean.(Miller, Mark) Related: [-]
		Att: 1 Text of Proposed Order Proposed Order
38		38 5 pgs order Order on Motion for Short Term Discovery Order on Motion to Compel Memorandum Decision Mon 08/13 9:17 AM MEMORANDUM DECISION AND ORDER granting Defendant's 34 Motion to Compel. Plaintiff is ORDERED to provide the discovery responses within 30 days from the date of this order. Signed by Magistrate Judge Brooke C. Wells on 8/13/2018. (eat) Related: [-]
Friday, August 03, 2018
37		37 utility Motions Referred Fri 08/03 9:41 AM MOTIONS REFERRED -36 MOTION to Vacate Mediation Deadline re25 Scheduling Order. Motions referred to Brooke C. Wells. (eat) Related: [-]
Thursday, August 02, 2018
36		36 motion Vacate Thu 08/02 10:34 AM MOTION to Vacate25 Scheduling Order, and Memorandum in Support - Mediation Deadline - filed by Plaintiff Alfwear. (Owen, S.) Related: [-]
Friday, July 20, 2018
35		35 4 pgs respm Memorandum in Opposition to Motion Fri 07/20 1:21 PM MEMORANDUM in Opposition re34 MOTION for Short Form Discovery re: Identification of Alfwear's Basis for Date of First Use MOTION to Compel filed by Plaintiff Alfwear.(Owen, S.) Related: [-]
		Att: 1 Text of Proposed Order Denying Bean's Short Form Discovery Motion to Compel Identification of Alfwear's Basis for Date of First Use
Friday, July 13, 2018
34		34 motion Short Form Discovery Fri 07/13 5:08 PM MOTION for Short Form Discovery re: Identification of Alfwear's Basis for Date of First Use filed by Defendant L.L. Bean. Motions referred to Brooke C. Wells.(Miller, Mark) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Text of Proposed Order
Thursday, June 07, 2018
33		33 answer Answer to Complaint Thu 06/07 12:49 PM First Amended ANSWER to Complaint with Jury Demand filed by L.L. Bean.(Miller, Mark) Related: [-]
32		32 order Order on Motion for Leave to File Thu 06/07 10:02 AM DOCKET TEXT ORDER granting 31 Motion for Leave to File. Because Defendant's motion is unopposed and on account of good cause shown, the court GRANTS Defendant's Motion for Leave to File First Amended Answer. The Amended Answer is to be filed forthwith. So ordered by Magistrate Judge Brooke C. Wells on 6/7/18. No attached document. (mjw) Related: [-]
Wednesday, June 06, 2018
31		31 motion Leave to File Document Wed 06/06 2:45 PM MOTION for Leave to File First Amended Answer and Memorandum in Support filed by Defendant L.L. Bean. Motions referred to Brooke C. Wells.(Miller, Mark) Related: [-]
		Att: 1 Exhibit 1 - Proposed First Amended Answer
Monday, June 04, 2018
30		30 order Scheduling Order ~Util - Terminate Motions Mon 06/04 10:33 AM ORDER granting 25 Stipulated Motion to Modify Scheduling Order: Expert Discovery due by 1/25/2019. Dispositive or Potentially Dispositive Motions due by 2/15/2019. Signed by Magistrate Judge Brooke C. Wells on 6/4/18. (dla) Related: [-]
Friday, June 01, 2018
29		29 motion Amend/Correct Fri 06/01 3:15 PM Stipulated MOTION to Amend/Correct25 Scheduling Order, filed by Plaintiff Alfwear. Motions referred to Brooke C. Wells.(Richards, Adam) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, February 27, 2018
28		28 order Order on Motion to Withdraw as Attorney Tue 02/27 9:49 AM DOCKET TEXT ORDER granting 27 Motion to Withdraw as Attorney. Attorney Dawn Marie David withdrawn from case for Defendant L.L. Bean. Signed by Judge Dale A. Kimball on 2/27/2018. No attached document. (eat) Related: [-]
27		27 motion Withdraw as Attorney Tue 02/27 9:40 AM MOTION to Withdraw as Attorney Dawn David filed by Defendant L.L. Bean. Motions referred to Brooke C. Wells.(Miller, Mark) Related: [-]
26		26 notice Notice of Change of Address Tue 02/27 9:39 AM NOTICE of Change of Address by Mark A. Miller (Miller, Mark) Related: [-]
Monday, January 29, 2018
25		25 order Scheduling Order Mon 01/29 4:21 PM SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 4/1/2018. Joinder of Parties due by 4/1/2018. Discovery due by 1/11/2019. Motions due by 2/1/2019. 5 Day Jury Trial set for 7/1/2019 at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. (See order for other deadlines.) Signed by Magistrate Judge Evelyn J. Furse on 1/29/18. (jwt) Related: [-]
Friday, January 19, 2018
24		24 misc Attorney Planning Meeting Fri 01/19 4:27 PM REPORT OF ATTORNEY PLANNING MEETING.(Owen, S.) Related: [-]
		Att: 1 Text of Proposed Order - Scheduling Order and Order Vacating Hearing
Monday, January 08, 2018
23		23 misc Rule 7 Corporate Disclosure Statement Mon 01/08 1:21 PM CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Alfwear. (Owen, S.) Related: [-]
Friday, December 15, 2017
22		22 misc Rule 7 Corporate Disclosure Statement Fri 12/15 6:05 PM CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant L.L. Bean. (Miller, Mark) Related: [-]
21		21 answer Answer to Complaint Fri 12/15 6:04 PM Defendant's ANSWER to Complaint with Jury Demand filed by L.L. Bean.(Miller, Mark) Related: [-]
Thursday, December 14, 2017
20		20 order Order Referring Case to Magistrate Judge Thu 12/14 2:53 PM ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 12/14/2017. (eat) Related: [-]
Wednesday, December 13, 2017
19		19 notice Notice of IPT Wed 12/13 4:35 PM NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at[LINK:http://www.utd.uscourts.gov/usdc-forms] , should be prepared 21 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report ; and (b) e-mail a Proposed Scheduling Order to[LINK:ipt@utd.uscourts.gov] 21 days before the scheduled hearing. See instructions at[LINK:http://www.utd.uscourts.gov/attorney-planning-meeting-and-report] If counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at[LINK:ipt@utd.uscourts.gov] to make arrangements. Initial Pretrial Conference set for 2/14/2018 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) Related: [-]
18		18 1 pgs order Order on Motion for Admission Pro Hac Vice Wed 12/13 11:35 AM ORDER granting 14 Motion for Admission Pro Hac Vice of Nathaniel Bessey for L.L. Bean. Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 12/13/2017. (eat) Related: [-]
17		17 1 pgs order Order on Motion for Admission Pro Hac Vice Wed 12/13 11:32 AM ORDER granting 13 Motion for Admission Pro Hac Vice of Stacy O. Stitham for L.L. Bean. Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 12/13/2017. (eat) Related: [-]
16		16 utility Reassignment to District Judge Wed 12/13 10:56 AM All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las) Related: [-]
15		15 misc Received Consent /Reassignment Form Wed 12/13 10:55 AM RECEIVED Consent/Reassignment Form from Defendant L.L. Bean. (las) Related: [-]
Wednesday, December 06, 2017
14		14 motion Admission Pro Hac Vice (fee collected during entry) Wed 12/06 4:26 PM MOTION for Admission Pro Hac Vice of Nathaniel Bessey , Registration fee $ 250, receipt number 1088-2896128, filed by Defendant L.L. Bean.(Miller, Mark) Related: [-]
		Att: 1 Exhibit Application,
		Att: 2 Exhibit ECF,
		Att: 3 Text of Proposed Order
13		13 motion Admission Pro Hac Vice (fee collected during entry) Wed 12/06 4:22 PM MOTION for Admission Pro Hac Vice of Stacy O. Stitham , Registration fee $ 250, receipt number 1088-2896111, filed by Defendant L.L. Bean.(Miller, Mark) Related: [-]
		Att: 1 Exhibit Application,
		Att: 2 Exhibit ECF,
		Att: 3 Text of Proposed Order
12		12 notice Notice of Appearance Wed 12/06 3:35 PM NOTICE of Appearance by Adam Kenji Richards on behalf of Alfwear (Richards, Adam) Related: [-]
11		11 notice Notice of Appearance Wed 12/06 3:29 PM NOTICE of Appearance by S. Brandon Owen on behalf of Alfwear (Owen, S.) Related: [-]
10		10 misc Received Consent /Reassignment Form Wed 12/06 9:24 AM RECEIVED Consent/Reassignment Form from Plaintiff Alfwear. (las) Related: [-]
Tuesday, December 05, 2017
9		9 notice Notice From the Court re Initial Scheduling Tue 12/05 9:58 AM NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) Related: [-]
8		8 notice Notice of ADR Tue 12/05 9:57 AM NOTICE OF ADR, e-mailed or mailed to Plaintiff Alfwear, Defendant L.L. Bean. (las) Related: [-]
7		7 notice Notice of Presiding Magistrate Assignment Tue 12/05 9:57 AM NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use[LINK:the form on this link] or use the included form for non-efilers and send it to consents@utd.uscourts.gov within 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Alfwear, Defendant L.L. Bean. Form due by 12/20/2017. (las) Related: [-]
Friday, December 01, 2017
6		6 notice Notice of Appearance Fri 12/01 9:19 AM NOTICE of Appearance by Dawn Marie David on behalf of L.L. Bean (David, Dawn) Related: [-]
5		5 notice Notice of Appearance Fri 12/01 9:17 AM NOTICE of Appearance by Mark A. Miller on behalf of L.L. Bean (Miller, Mark) Related: [-]
Friday, October 20, 2017
4		4 service Waiver of Service Executed Fri 10/20 1:05 PM WAIVER OF SERVICE Returned Executed filed by Alfwear as to L.L. Bean Waiver sent on 10/16/2017, answer due 12/15/2017. (Baker, Trent) Related: [-]
Monday, October 02, 2017
3		3 misc Report Regarding Patent and Trademark Mon 10/02 4:19 PM Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (tlh) Related: [-]
2		2 8 pgs cmp Complaint Mon 10/02 11:47 AM COMPLAINT against L.L. Bean (Filing fee $ 400, receipt number 1088-2853155) filed by Alfwear. Assigned to Magistrate Judge Evelyn J. Furse (Baker, Trent) Related: [-]
		Att: 1 Civil Cover Sheet cover,
		Att: 2 Exhibit A,
		Att: 3 Exhibit B,
		Att: 4 Exhibit C,
		Att: 5 Exhibit D
1		1 misc Remark - New Case Mon 10/02 8:58 AM Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff Alfwear is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts[LINK:PDF version] and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) Related: [-]

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