ReportHost LLC v. Spectora Inc.

Colorado District Court
Judge:	Philip A Brimmer
Case #:	1:24-cv-01813
Nature of Suit	820 Property Rights - Copyrights
Cause	17:101 Copyright Infringement

Case Filed:

Jun 28, 2024

Docket
Parties (2)

Last checked: Wednesday Dec 25, 2024 1:35 AM MST

Defendant Spectora Inc.	Represented By Matthew A. Morr Ballard Spahr LLP contact info Benjamin Nichols Simler Ballard Spahr LLP contact info Lynn E. Rzonca Ballard Spahr LLP contact info
Plaintiff ReportHost LLC	Represented By Ethan Vodde Vodde Ip PLLC contact info Kevin S. McPherson Mcpherson Law PLLC contact info Joel G. MacMull Mandelbaum Barrett PC contact info

Docket last updated: 9 hours ago

Friday, January 17, 2025
43		43 order Order Fri 01/17 9:52 AM ORDER by Magistrate Judge Susan Prose on 1/17/2025. By order of 12/2/2024 [ECF 42], this court sua sponte extended the deadline for either party to file a motion for leave to restrict the documents that Spectora filed at ECF 34 and its attachments as Level One restricted. The extended deadline was 12/13/2024. Neither side timely filed a motion for leave to restrict those documents. Accordingly, the Clerk's office is requested to lift the restriction on ECF Nos. 34 and its attachments. If either side believes these documents should be restricted, they may promptly file a motion to reconsider that complies with Local Rule 7.2. Text Only Entry (sbplc1) Related: [-]
Monday, December 02, 2024
42		42 order Order on Motion for Leave to Restrict Mon 12/02 5:29 PM ORDER by Magistrate Judge Susan Prose on 12/2/2024, granting25 ,28 , and40 Motions for Leave to Restrict. The motions are unopposed or joint (27 notes Plaintiff's non-opposition to25 ) and seek to protect a confidential settlement agreement and communications concerning the same. This court is satisfied that the requirements of Local Rule 7.2 are satisfied. The Clerk's office is requested to maintain ECF Nos. 15, 15-1, 16-1, and 35-4 as Level One restricted. This ruling, however, does not apply to how such information will be handled in hearings, orders, or trial. ECF No. 28-1 and 40-2 are accepted as public, redacted versions of respectively ECF No. 15 and ECF No. 35-4. The parties agree that the other documents filed as restricted at ECF Nos. 15, 16, and 35 should be public. The Clerk's office is accordingly requested to make public Nos. 15-2 through 15-5, 16, 16-2 through 16-7, 35, and 35-1 through 35-3. Going forward, the parties shall please file as restricted only the specific documents that they wish to be restricted; if necessary, a filing should be separated into two docket entries - one for public documents, the other for restricted. It does not appear that either party has filed a motion to restrict ECF No. 34 or its attachments. This court sua sponte extends the time to do so under Local Rule 7.2 to 12/13/2024. Text Only Entry (sbplc1) Related: [-]
Friday, November 08, 2024
41		41 order Memorandum Fri 11/08 1:08 PM MEMORANDUM regarding40 Unopposed MOTION for Leave to Restrict filed by ReportHost LLC. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 11/08/2024. Text Only Entry (pabsec, ) Related: [-]
40		40 motion Leave to Restrict Fri 11/08 1:05 PM Unopposed MOTION for Leave to Restrict by Plaintiff ReportHost LLC.(Vodde, Ethan) Related: [-]
		Att: 1 Proposed Document Proposed Redacted Public Version of 35-4
Monday, November 04, 2024
39		39 respm Reply to Response to Motion Mon 11/04 12:37 PM REPLY to Response to 37 MOTION for Leave to35 Restricted Document - Level 1, File Surreply filed by Plaintiff ReportHost LLC. (Vodde, Ethan) Related: [-]
Monday, October 28, 2024
38		38 respm Brief in Opposition to Motion Mon 10/28 8:34 AM BRIEF in Opposition to 37 MOTION for Leave to35 Restricted Document - Level 1, filed by Defendant Spectora Inc..(Simler, Benjamin) Related: [-]
		Att: 1 Exhibit A - Email Exchange Between Counsel
Wednesday, October 23, 2024
37		37 motion Leave Mon 10/28 8:32 AM PLAINTIFF REPORTHOST'S MOTION FOR LEAVE TO FILE SURREPLY IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANT SPECTORA'S SPECIAL MOTION TO DISMISS (DKT.16 ) by Plaintiff ReportHost LLC. (Public entry for restricted document35 filed on 10/23/2024) (dgumb, ) Related: [-]
35		35 misc Restricted Doc. - Level 1 - Viewable by Case Participants & Court Wed 10/23 10:56 AM RESTRICTED DOCUMENT - Level 1: Motion for Leave to File Surreply by Plaintiff ReportHost LLC..(Vodde, Ethan) Related: [-]
		Att: 1 Proposed Document Proposed Surreply,
		Att: 2 Affidavit Declaration in Support,
		Att: 3 Exhibit Ex 1 to Declaration,
		Att: 4 Exhibit Ex 2 to Declaration
Friday, October 18, 2024
34		34 misc Restricted Doc. - Level 1 - Viewable by Case Participants & Court Fri 10/18 1:41 PM RESTRICTED DOCUMENT - Level 1: Reply in Support of Defendant Spectora, Inc.'s Special Motion to Dismiss Count V of the Complaint (Doc. 16, 18) by Defendant Spectora Inc...(Simler, Benjamin) Related: [-]
		Att: 1 Affidavit Declaration of B. Auerbach,
		Att: 2 Exhibit 6 - Excerpts of email and attachment from E. Vodde to B. Auerbach
33		33 respm Reply to Response to Motion Fri 10/18 1:34 PM REPLY to Response to 17 MOTION to Dismiss Counts I-V of the Complaint filed by Defendant Spectora Inc.. (Simler, Benjamin) Related: [-]
Wednesday, October 16, 2024
32		32 order Minute Order Wed 10/16 9:27 AM MINUTE ORDER by Chief Judge Philip A. Brimmer on 10/16/2024 re:29 Defendant Spectora, Inc.'s Reply to ReportHost's Opposition to Defendant's Motion to Dismiss and31 Defendant Spectora, Inc.'s Reply to ReportHost's Opposition to Defendant's Special Motion to Dismiss are STRICKEN for failure to comply with D.C.COLO.LCivR 10.1(e), which states that "[a]ll pleadings and documents shall be double spaced." Defendant Spectora, Inc. may file a compliant reply on or before October 18, 2024 . Text Only Entry (pabsec, ) Related: [-]
Tuesday, October 15, 2024
31		31 misc Restricted Doc. - Level 1 - Viewable by Case Participants & Court Tue 10/15 10:49 AM RESTRICTED DOCUMENT - Level 1: Reply in Support of Defendant Spectora, Inc.'s Special Motion to Dismiss Count V of the Complaint (Doc. 16) by Defendant Spectora Inc...(Simler, Benjamin) Related: [-]
		Att: 1 Affidavit Declaration of B. Auerbach,
		Att: 2 Exhibit 6 - Excerpts of email and attachment from E. Vodde to B. Auerbach
30		30 order Memorandum Tue 10/15 10:37 AM MEMORANDUM regarding28 Joint MOTION for Leave to Restrict filed by Spectora Inc. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 10/15/2024. Text Only Entry (pabsec, ) Related: [-]
29		29 respm Reply to Response to Motion Tue 10/15 10:35 AM REPLY to Response to 17 MOTION to Dismiss filed by Defendant Spectora Inc.. (Simler, Benjamin) Related: [-]
28		28 motion Leave to Restrict Tue 10/15 10:23 AM Joint MOTION for Leave to Restrict by Defendant Spectora Inc..(Simler, Benjamin) Related: [-]
		Att: 1 Proposed Document Redacted Public Version of Doc. 15 (Motion to Dismiss)
Monday, October 07, 2024
27		27 respm Response to Motion Mon 10/07 11:42 AM RESPONSE to25 MOTION for Leave to Restrict filed by Plaintiff ReportHost LLC. (Vodde, Ethan) Related: [-]
Wednesday, October 02, 2024
26		26 order Memorandum Wed 10/02 1:38 PM MEMORANDUM regarding25 MOTION for Leave to Restrict filed by Spectora Inc. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 10/2/2024. Text Only Entry (pablc6, ) Related: [-]
25		25 motion Leave to Restrict Wed 10/02 1:19 PM MOTION for Leave to Restrict by Defendant Spectora Inc.. (Simler, Benjamin) Related: [-]
Tuesday, October 01, 2024
24		24 order Order on Motion to Stay Tue 10/01 8:57 AM ORDER by Magistrate Judge Susan Prose on 10/1/2024, granting the20 Joint Motion to Stay discovery pending the ECF 16 special motion to dismiss which raises questions pursuant to C.R.S. s. 13 20-1101 the Colorado Anti-SLAPP statute. 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. Normally, this court does not stay discovery simply because a defendant challenges the legal sufficiency of claims in a motion to dismiss. See, e.g., Lucero v. City of Aurora , No. 23-cv-00851-GPG-SBP, 2023 WL 5957126, at 2 (D. Colo. Sept. 13, 2023). However, Plaintiff joins in the request, arguing a stay will conserve party and judicial resources and will not prejudice any party. The parties also note that non-party discovery (i.e., subpoenaed discovery) may be involved, and it is in the non-parties' interest to not require discovery before knowing the outcome of the special motion to dismiss. Under these circumstances, 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 16 special motion to dismiss. The scheduling conference set for 10/8/2024 before Magistrate Judge Prose is therefore VACATED. Text Only Entry (sbplc1) Related: [-]
Monday, September 30, 2024
23		23 respm Brief in Opposition to Motion Mon 09/30 4:03 PM BRIEF in Opposition to 18 MOTION to Dismiss Count V Pursuant to C.R.S. � 13 20-1101 filed by Plaintiff ReportHost LLC.(Vodde, Ethan) Related: [-]
		Att: 1 Affidavit Decl. of Ethan Vodde,
		Att: 2 Exhibit Ex 2,
		Att: 3 Exhibit Ex 3,
		Att: 4 Exhibit Ex 4,
		Att: 5 Exhibit Ex 5,
		Att: 6 Exhibit Ex 6,
		Att: 7 Exhibit Ex 7,
		Att: 8 Exhibit Ex 8,
		Att: 9 Exhibit Ex 9,
		Att: 10 Exhibit Ex 10
22		22 respm Brief in Opposition to Motion Mon 09/30 3:50 PM BRIEF in Opposition to 17 MOTION to Dismiss Counts I-V filed by Plaintiff ReportHost LLC. (Vodde, Ethan) Related: [-]
21		21 order Memorandum Mon 09/30 10:49 AM MEMORANDUM regarding20 Joint MOTION to Stay re8 Scheduling Order,,,, filed by Spectora Inc.. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 9/30/2024. Text Only Entry (pabsec, ) Related: [-]
20		20 motion Stay Mon 09/30 10:26 AM Joint MOTION to Stay re8 Scheduling Order,,,, by Defendant Spectora Inc.. (Simler, Benjamin) Related: [-]
Wednesday, September 18, 2024
19		19 notice Notice of Entry of Appearance Wed 09/18 9:49 AM NOTICE of Entry of Appearance on Behalf of ReportHost LLC by Joel G. MacMull on behalf of ReportHost LLCAttorney Joel G. MacMull added to party ReportHost LLC(pty:pla) (MacMull, Joel) Related: [-]
Monday, September 09, 2024
18		18 motion Dismiss Mon 09/09 4:42 PM DEFENDANT SPECTORA, INC.'S SPECIAL MOTION TO DISMISS COUNT V PURSUANT TO C.R.S. � 13 20-1101 filed by Defendant Spectora Inc.. (Public Entry for Restricted Document16 filed 9/9/2024) Text only Entry (dgumb, ) Modified on 9/9/2024 to add text(dgumb, ) Related: [-]
17		17 motion Dismiss Mon 09/09 4:39 PM Defendant Spectora, Inc.'s Motion to Dismiss Counts I-V of the Complaint filed by Defendant Spectora Inc.. (Public Entry for Restricted Document15 filed 9/9/2024). Text only Entry. (dgumb, ) Related: [-]
16		16 misc Restricted Doc. - Level 1 - Viewable by Case Participants & Court Mon 09/09 4:24 PM RESTRICTED DOCUMENT - Level 1: Spectora Inc.'s ANTISLAPP MOTION (Special Motion to Dismiss) by Defendant Spectora Inc...(Morr, Matthew) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit
15		15 misc Restricted Doc. - Level 1 - Viewable by Case Participants & Court Mon 09/09 4:21 PM RESTRICTED DOCUMENT - Level 1: Defendant Spectora, Inc.'s Motion to Dismiss Counts I-V of the Complaint by Defendant Spectora Inc...(Morr, Matthew) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit
14		14 notice Notice of Entry of Appearance Mon 09/09 11:58 AM NOTICE of Entry of Appearance by Lynn E. Rzonca on behalf of Spectora Inc.Attorney Lynn E. Rzonca added to party Spectora Inc.(pty:dft) (Rzonca, Lynn) Related: [-]
Friday, September 06, 2024
13		13 notice Notice of Entry of Appearance Fri 09/06 3:24 PM NOTICE of Entry of Appearance by Matthew A. Morr on behalf of Spectora Inc.Attorney Matthew A. Morr added to party Spectora Inc.(pty:dft) (Morr, Matthew) Related: [-]
Thursday, August 29, 2024
12		12 order Order Referring Case to Magistrate Judge Thu 08/29 9:16 AM ORDER REFERRING CASE to Magistrate Judge Susan Prose for non-dispositive matters . 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 non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 8/29/2024. Text Only Entry (pabsec, ) Related: [-]
Wednesday, August 28, 2024
11		11 misc Letter Reassigning Case Wed 08/28 4:06 PM CASE REASSIGNED Pursuant to10 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 24-cv-01813-PAB. (Text Only Entry) (ccuen, ) Related: [-]
Tuesday, August 27, 2024
10		10 misc Consent to Jurisdiction of Magistrate Judge Tue 08/27 4:20 PM CONSENT to Jurisdiction of Magistrate Judge by Defendant Spectora Inc. All parties do not consent.. (Simler, Benjamin) Related: [-]
9		9 misc Corporate Disclosure Statement Tue 08/27 4:18 PM CORPORATE DISCLOSURE STATEMENT. (Simler, Benjamin) Related: [-]
Friday, July 19, 2024
8		8 order Scheduling Order Fri 07/19 4:50 PM Order Setting Consent Deadline and Scheduling Conference, by Magistrate Judge Susan Prose on 7/19/2024. If the parties have not done so already, they shall complete and file the Magistrate Judge Consent Form on or before September 24, 2024 . The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on October 8, 2024 at 9:30 a.m. , in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. 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. The parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than five business days prior to the scheduling conference. The parties shall also email the proposed Scheduling Order in Word format to Magistrate Judge Prose at[LINK:Prose_Chambers@cod.uscourts.gov] . (angar, ) Related: [-]
Thursday, July 11, 2024
7		7 service Waiver of Return of Service - Executed - Complaint Thu 07/11 10:21 AM WAIVER OF SERVICE Returned Executed by ReportHost LLC. Spectora Inc. waiver sent on 7/10/2024, answer due 9/9/2024. (McPherson, Kevin) Related: [-]
Friday, June 28, 2024
6		6 misc Summons Issued Fri 06/28 2:05 PM SUMMONS issued by Clerk. (efoga, ) Related: [-]
		Att: 1 Magistrate Judge Consent Form
5		5 misc Case Assigned to Judge Fri 06/28 2:04 PM Case assigned to Magistrate Judge Susan Prose. Text Only Entry (efoga, ) Related: [-]
4		4 misc Report re: Copyright Fri 06/28 2:02 PM Report re Copyright: Report on the filing of an action emailed separately to the Director of the Copyright Office. (efoga, ) Related: [-]
3		3 notice Notice (Other) Fri 06/28 12:47 PM NOTICE AO 121, Report on Copyright by Plaintiff ReportHost LLC (Vodde, Ethan) Related: [-]
2		2 misc Corporate Disclosure Statement Fri 06/28 12:36 PM CORPORATE DISCLOSURE STATEMENT. (Vodde, Ethan) Related: [-]
1		1 24 pgs cmp Complaint Fri 06/28 12:36 PM COMPLAINT against Spectora Inc. (Filing fee $ 405,Receipt Number ACODC-9753350)Attorney Ethan Vodde added to party ReportHost LLC(pty:pla), filed by ReportHost LLC.(Vodde, Ethan) Related: [-]
		Att: 1 Summons,
		Att: 2 Civil Cover Sheet

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