Vitality Apparel Holdings Inc. et al v. Buffbunny, LLC
| Colorado District Court | |
| Judge: | Gordon P Gallagher |
| Case #: | 1:24-cv-01395 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:44 Trademark Infringement |
| Case Filed: | May 17, 2024 |
| Last checked: Wednesday Nov 13, 2024 1:30 AM MST |
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Defendant
Buffbunny, LLC
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Represented By
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Plaintiff
LODO IP, LLC
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Represented By
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Plaintiff
Vitality Apparel Holdings Inc.
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Represented By
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| Docket last updated: 21 minutes ago |
| Tuesday, October 29, 2024 | ||
| 34 | 34
respm
Reply to Response to Motion
Tue 10/29 8:36 AM
REPLY to Response to22 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim filed by Defendant Buffbunny, LLC. (Ring, Sarah) |
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| Monday, October 28, 2024 | ||
| 33 | 33
respm
Surreply
Mon 10/28 4:15 PM
SURREPLY re22 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim filed by Defendant Buffbunny, LLC. (Ring, Sarah) |
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| Tuesday, October 22, 2024 | ||
| 32 | 32
order
Order on Motion to Stay Order on Motion to Continue
Tue 10/22 5:34 PM
ORDER by Magistrate Judge Susan Prose on 10/22/2024, granting ECF Nos.29 and30 , Joint Motions to Stay Discovery and to Continue the Scheduling Conference pending the ECF 22 motion to dismiss which raises questions of personal jurisdiction. The court is persuaded that the parties have met the factors of String Cheese Incident, LLC v. Stylus Shows, Inc. , No. 1:02-cv-01934-LTB-PAC, 2006 WL 894955 at *2 (D. Colo. Mar. 30, 2006), as required to show such a stay is warranted in the court's discretion. In particular, Plaintiff joins in the requests to stay discovery and to continue the scheduling conference, and a motion to dismiss that raises jurisdictional issues weighs in favor of staying discovery in this case until those issues are resolved. See, e.g., Lucero v. City of Aurora , No. 23-cv-00851-GPG-SBP, 2023 WL 5957126, at *2 (D. Colo. Sept. 13, 2023). Under these circumstances, a stay does not unduly prejudice any party. The court therefore exercises its discretion to stay discovery ( Wang v. Hsu , 919 F.2d 130, 130 (10th Cir. 1990)) pending the resolution of the ECF 22 motion to dismiss. The scheduling conference set for 10/23/2024 is VACATED and discovery is stayed pending the ruling on Motion No. 22. Text Only Entry (sbplc1) |
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| 31 | 31
order
Memorandum
Tue 10/22 1:49 PM
MEMORANDUM regarding29 Joint MOTION to Stay Discovery filed by Buffbunny, LLC, and30 Joint MOTION to Continue Scheduling Conference filed by Buffbunny, LLC. Motions referred to Magistrate Judge Susan Prose by District Judge Gordon P Gallagher on 10/22/2024. Text Only Entry (dclem) |
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| 30 | 30
motion
Continue
Tue 10/22 1:42 PM
Joint MOTION to Continue Scheduling Conference by Defendant Buffbunny, LLC. (Deese, Elliott) |
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| 29 | 29
motion
Stay
Tue 10/22 1:32 PM
Joint MOTION to Stay Discovery by Defendant Buffbunny, LLC. (Deese, Elliott) |
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| Friday, October 18, 2024 | ||
| 28 | 28
order
Order Referring Case to Magistrate Judge
Fri 10/18 11:00 AM
ORDER REFERRING CASE to Magistrate Judge Susan Prose. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P Gallagher on 10/18/2024. Text Only Entry (sphil, ) |
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| 27 | 27
misc
Letter Reassigning Case
Fri 10/18 10:12 AM
CASE REASSIGNED Pursuant to26 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 24-cv-01395-GPG. (Text Only Entry) (ccuen, ) |
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| Thursday, October 17, 2024 | ||
| 26 | 26
misc
Consent to Jurisdiction of Magistrate Judge
Thu 10/17 5:27 PM
CONSENT to Jurisdiction of Magistrate Judge by Defendant Buffbunny, LLC All parties do not consent.. (Deese, Elliott) |
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| Tuesday, October 15, 2024 | ||
| 25 | 25
order
Order
Tue 10/15 4:36 PM
ORDER by Magistrate Judge Susan Prose on 10/15/2024. In ECF No. 11, the court set a deadline of 8/8/2024 for the parties to file their consent/non-consent (ECF No. 4-1, form) to magistrate judge jurisdiction. The parties have not yet filed their consent or non-consent. Sua sponte, the court extends the deadline to 10/17/2024. If the parties do not file by that date, the court will assume the parties do not consent and will have a district judge assigned to the case. Text Only Entry (sbplc1) |
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| Monday, October 14, 2024 | ||
| 24 | 24
16
pgs
respm
Response to Motion
Mon 10/14 3:33 PM
RESPONSE to22 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim filed by Plaintiffs LODO IP, LLC, Vitality Apparel Holdings Inc..(Milgrom, Amanda) |
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Att: 1
Affidavit Affidavit of Taylor Dilk
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| Monday, September 30, 2024 | ||
| 23 | 23
notice
Notice of Entry of Appearance
Mon 09/30 2:58 PM
NOTICE of Entry of Appearance of Elliott J. Deese by Elliott J. Deese on behalf of Buffbunny, LLCAttorney Elliott J. Deese added to party Buffbunny, LLC(pty:dft) (Deese, Elliott) |
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| Monday, September 23, 2024 | ||
| 22 | 22
motion
Dismiss
Mon 09/23 5:37 PM
MOTION to Dismiss Plaintiffs' Second Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim by Defendant Buffbunny, LLC.(Ring, Sarah) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Proposed Order (PDF Only) Proposed Order
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| Tuesday, July 30, 2024 | ||
| 21 | 21
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Tue 07/30 10:11 AM
ORDER by Magistrate Judge Susan Prose on 7/30/2024, granting20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re19 Amended Complaint. Buffbunny, LLC answer due 9/23/2024. In light of this extension, the Telephonic Scheduling Conference is RESET to 10/23/2024 at 09:30 AM in Courtroom C205 before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. Proposed Scheduling Order due 10/16/2024. Text Only Entry (sbplc1) |
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| Monday, July 29, 2024 | ||
| 20 | 20
motion
Extension of Time to File Answer or Otherwise Respond
Mon 07/29 2:39 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re19 Amended Complaint by Defendant Buffbunny, LLC.(Ring, Sarah) |
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Att: 1
Proposed Order (PDF Only) Proposed Order
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| Wednesday, July 24, 2024 | ||
| 19 | 19
cmp
Amended Complaint
Wed 07/24 10:56 AM
AMENDED COMPLAINT against Buffbunny, LLC, filed by Vitality Apparel Holdings Inc., LODO IP, LLC.(Milgrom, Amanda) |
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| Tuesday, July 23, 2024 | ||
| 18 | 18
order
Order on Motion to Amend/Correct/Modify
Tue 07/23 3:05 PM
ORDER by Magistrate Judge Susan Prose on 7/23/2024, granting Plaintiff's17 Unopposed Motion to Amend Complaint. Plaintiff shall file a clean version of the amended complaint within three business days of the date of this order. Text Only Entry (sbplc1) |
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| Monday, July 22, 2024 | ||
| 17 | 17
motion
Amend/Correct/Modify
Mon 07/22 6:05 PM
MOTION to Amend/Correct/Modify First Amended Complaint by Plaintiffs LODO IP, LLC, Vitality Apparel Holdings Inc..(Milgrom, Amanda) |
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Att: 1
Exhibit Exhibit 1 - Proposed Second Amended Complaint,
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Att: 2
Proposed Order (PDF Only) Exhibit 2 - Proposed Order
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| Friday, June 28, 2024 | ||
| 16 | 16
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Fri 06/28 2:16 PM
ORDER by Magistrate Judge Susan Prose on 6/28/2024, granting15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re14 Amended Complaint. Buffbunny, LLC answer due 8/19/2024. In light of this extension, the Telephonic Scheduling Conference is VACATED and RESET to 9/18/2024, at 09:30 AM in Courtroom C205 before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. Proposed Scheduling Order due 9/11/2024. Text Only Entry (sbplc1) |
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| Thursday, June 27, 2024 | ||
| 15 | 15
motion
Extension of Time to File Answer or Otherwise Respond
Thu 06/27 3:55 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re14 Amended Complaint by Defendant Buffbunny, LLC.(Ring, Sarah) |
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Att: 1
Proposed Order (PDF Only) Proposed Order
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| Tuesday, June 18, 2024 | ||
| 14 | 14
cmp
Amended Complaint
Tue 06/18 11:35 AM
AMENDED COMPLAINT against Buffbunny, LLC, filed by Vitality Apparel Holdings Inc., LODO IP, LLC.(Milgrom, Amanda) |
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| 13 | 13
order
Order on Motion to Amend/Correct/Modify
Tue 06/18 8:22 AM
ORDER by Magistrate Judge Susan Prose on 6/18/2024, granting12 Plaintiffs' Unopposed Motion to Amend Complaint. Plaintiffs shall file a clean version of the ECF No. 12-1 proposed amended complaint within five (5) days of this order. Text Only Entry (sbplc1) |
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| Thursday, June 13, 2024 | ||
| 12 | 12
motion
Amend/Correct/Modify
Thu 06/13 12:45 PM
MOTION to Amend/Correct/Modify Complaint by Plaintiffs LODO IP, LLC, Vitality Apparel Holdings Inc..(Milgrom, Amanda) |
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Att: 1
Exhibit Exhibit 1 - Proposed Amended Complaint,
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Att: 2
Proposed Order (PDF Only) Proposed Order
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| Tuesday, June 11, 2024 | ||
| 11 | 11
2
pgs
order
Order
Tue 06/11 2:13 PM
ORDER SETTING CONSENT DEADLINE AND SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 6/11/2024. Consent Form due by 8/8/2024. Proposed Scheduling Order due 8/15/2024. Telephonic Scheduling Conference set for 8/22/2024, at 09:00 AM MDT in Courtroom C205 before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. (trvo, ) |
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| Monday, June 10, 2024 | ||
| 10 | 10
notice
Notice of Entry of Appearance
Mon 06/10 12:10 PM
NOTICE of Entry of Appearance of Leela Madan by Leela Madan on behalf of Buffbunny, LLCAttorney Leela Madan added to party Buffbunny, LLC(pty:dft) (Madan, Leela) |
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| Friday, June 07, 2024 | ||
| 9 | 9
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Fri 06/07 12:07 PM
ORDER by Magistrate Judge Susan Prose on 6/7/2024, granting6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. Buffbunny, LLC's answer is due 7/15/2024. Text Only Entry (sbplc1) |
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| Thursday, June 06, 2024 | ||
| 8 | 8
notice
Notice of Entry of Appearance
Thu 06/06 9:57 AM
NOTICE of Entry of Appearance by Colleen Kwiatkowski on behalf of Buffbunny, LLC (Kwiatkowski, Colleen) |
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| 7 | 7
notice
Notice of Entry of Appearance
Thu 06/06 9:04 AM
NOTICE of Entry of Appearance Of Colleen Kwiatkowski by Colleen Kwiatkowski on behalf of Buffbunny, LLCAttorney Colleen Kwiatkowski added to party Buffbunny, LLC(pty:dft) (Kwiatkowski, Colleen) |
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| Wednesday, June 05, 2024 | ||
| 6 | 6
motion
Extension of Time to File Answer or Otherwise Respond
Wed 06/05 3:44 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant Buffbunny, LLC.(Ring, Sarah) |
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Att: 1
Proposed Order (PDF Only) Proposed Order
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| 5 | 5
notice
Notice of Entry of Appearance
Wed 06/05 3:38 PM
NOTICE of Entry of Appearance Of Sarah J. Ring by Sarah J. Ring on behalf of All Defendants Attorney Sarah J. Ring added to party Buffbunny, LLC(pty:dft) (Ring, Sarah) |
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| Friday, May 17, 2024 | ||
| 4 | 4
misc
Summons Issued
Fri 05/17 3:27 PM
SUMMONS issued by Clerk. (blaws) |
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Att: 1
Magistrate Judge Consent Form
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| 3 | 3
misc
Report re: Patent/Trademark
Fri 05/17 3:25 PM
Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (blaws) |
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| 2 | 2
misc
Case Assigned to Judge
Fri 05/17 3:24 PM
Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (blaws) |
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| 1 | 1
24
pgs
cmp
Complaint
Fri 05/17 2:13 PM
COMPLAINT against Buffbunny, LLC (Filing fee $ 405,Receipt Number ACODC-9692347)Attorney Amanda L. Milgrom added to party LODO IP, LLC(pty:pla), Attorney Amanda L. Milgrom added to party Vitality Apparel Holdings Inc.(pty:pla), filed by Vitality Apparel Holdings Inc., LODO IP, LLC.(Milgrom, Amanda) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Exhibit Trademark Report
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