Kindig-It Design v. Creative Controls

Application Number	Patent Number	External Links
-	US8544904	Espacenet Google Patents
-	US8894109	Espacenet Google Patents

Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff Kindig-It Design 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 PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (eat) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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COMPLAINT against Creative Controls (Filing fee $ 400, receipt number 1088-2166203), filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright App (kindigit.com), # 4 Exhibit D- Copyright App (1964 Cadillac), # 5 Exhibit E- Copyright App (Hess Camaro), # 6 Exhibit F - Copyright App (Blue Truck), # 7 Exhibit G- Copyright App (1956 Chevy), # 8 Exhibit H - who-is search, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (Compagni, Frank) (Entered: 11/25/2014)

2014-11-25

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Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (eat) (Entered: 11/25/2014)

2014-11-25

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Report on the Filing of an action mailed to the Register of Copyrights Office. (Attachments: # 1 Supplement Copy of Complaint) (eat) (Entered: 11/25/2014)

2014-11-25

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RESTRICTED DOCUMENTSummons Issued Electronically as to Creative Controls. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 11/25/2014)

2014-11-25

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RESTRICTED DOCUMENT SUMMONS Returned Executed by Kindig-It Design as to Creative Controls served on 11/26/2014, answer due 12/17/2014. (Compagni, Frank) (Entered: 12/10/2014)

2014-12-10

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Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Transfer filed by Defendant Creative Controls. (Attachments: # 1 Affidavit Declaration) Attorney Michael R. McCarthy added to party Creative Controls(pty:dft)(McCarthy, Michael) (Entered: 01/20/2015)

2015-01-20

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Defendant's MOTION for Admission Pro Hac Vice of Thomas N. Young, Registration fee $ 15, receipt number 1088-2194790, filed by Defendant Creative Controls. (Attachments: # 1 Exhibit A - PHV Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order)(McCarthy, Michael) (Entered: 01/22/2015)

2015-01-22

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Defendant's MOTION for Admission Pro Hac Vice of Michael M. Jacob, Registration fee $ 15, receipt number 1088-2194805, filed by Defendant Creative Controls. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order Proposed Order)(McCarthy, Michael) (Entered: 01/22/2015)

2015-01-22

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ORDER granting 8 Motion for Admission Pro Hac Vice of Thomas N. Young for Creative Controls. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 1/23/2015. (las) (Entered: 01/26/2015)

2015-01-26

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ORDER granting 9 Motion for Admission Pro Hac Vice of Michael M. Jacob for Creative Controls. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 1/23/2015. (las) (Entered: 01/26/2015)

2015-01-26

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MOTION for Leave to File Amended Complaint filed by Plaintiff Kindig-It Design. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Amended Complaint)(Compagni, Frank) (Entered: 02/13/2015)

2015-02-13

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ORDER granting 12 Motion for Leave to File Amended Complaint. Signed by Judge Robert J. Shelby on 2/17/2015. (las) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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AMENDED COMPLAINT against Creative Controls with Jury Demand., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing) (Compagni, Frank) (Entered: 02/17/2015)

2015-02-17

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Plaintiff's MEMORANDUM in Opposition re 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Transfer filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 02/20/2015)

2015-02-20

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Plaintiff's MEMORANDUM in Opposition re 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Transfer filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 02/20/2015)

2015-02-20

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DOCKET TEXT ORDER denying without prejudice 7 Motion to Dismiss for Lack of Jurisdiction. Motion may be refiled in response to the Amended Complaint. Signed by Judge Robert J. Shelby on 2/20/2015. No attached document. (las) Modified on 2/20/2015 - Correction to docket text(mjm). (Entered: 02/20/2015)

2015-02-20

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Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer filed by Defendant Creative Controls. (Attachments: # 1 Affidavit Declaration)(McCarthy, Michael) (Entered: 03/06/2015)

2015-03-06

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Stipulated MOTION to Stay of the Parties' Rule 26(f) Conference filed by Defendant Creative Controls. (Attachments: # 1 Text of Proposed Order)(McCarthy, Michael) (Entered: 03/31/2015)

2015-03-31

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ORDER granting 18 Motion to Stay the Parties' Rule 26(f) conference. If the Court denies CCIs Motion for Dismissal and/or Transfer and CCIs Answer becomes due under Rule 12(a)(4)(A), CCI will serve its Answer within 14 days after notice of the Courts denial, with no extensions of time being available, and the parties will hold their Rule 26(f) conference by no later than 14 days after CCIs answer is served. Signed by Judge Robert J. Shelby on 3/31/2015. (las) (Entered: 03/31/2015)

2015-03-31

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Plaintiff's MEMORANDUM in Opposition re 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 04/01/2015)

2015-04-01

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NOTICE OF HEARING ON MOTION re: 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/21/2015 at 3:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 04/08/2015)

2015-04-08

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REPLY to Response to Motion re 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 04/15/2015)

2015-04-15

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MOTION for Leave to File Amended and Supplemental Complaint and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Second Amended Complaint)(Compagni, Frank) (Entered: 06/02/2015)

2015-06-02

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MEMORANDUM in Opposition re 23 MOTION for Leave to File Amended and Supplemental Complaint and Memorandum in Support filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 06/19/2015)

2015-06-19

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ORDER denying without prejudice 17 Motion to Dismiss for Lack of Jurisdiction ; granting 23 Motion for Leave to File Amended Complaint. The court strikes the July 21, 2015 hearing. Signed by Judge Robert J. Shelby on 6/29/2015. (las) (Entered: 06/29/2015)

2015-06-29

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AMENDED COMPLAINT against All Defendants with Jury Demand. New Defendants: Speedway Motors, Inc. and Rutter's Rod Shop, Inc.., filed by Kindig-It Design. (Attachments: # 1 Exhibit A- US Patent 8544904, # 2 Exhibit B- US Patent 8894109, # 3 Exhibit C- Copyright Reg (kindigit.com), # 4 Exhibit D- Copyright Reg (1964 Cadillac), # 5 Exhibit E- Copyright Reg (Hess Camaro), # 6 Exhibit F - Copyright Reg (Blue Truck), # 7 Exhibit G- Copyright Reg (1956 Chevy), # 8 Exhibit H - who-is listing, # 9 Exhibit I - Silenthand.co, # 10 Exhibit J- ebay listing, # 11 Exhibit K- ebay smooth door handles, # 12 Exhibit L- Speedway Catalog, # 13 Exhibit M- speedwaymotors.com whois, # 14 Exhibit N- speedway website, # 15 Exhibit O- Rutters whois, # 16 Exhibit P- Rutters website) (Compagni, Frank) (Entered: 06/30/2015)

2015-06-30

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RESTRICTED DOCUMENTSummons Issued Electronically as to Rutter's Rod Shop. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 06/30/2015)

2015-06-30

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RESTRICTED DOCUMENTSummons Issued Electronically as to Speedway Motors. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 06/30/2015)

2015-06-30

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RESTRICTED DOCUMENT SUMMONS Returned Executed by Kindig-It Design as to Rutter's Rod Shop served on 6/30/2015, answer due 7/21/2015. (Compagni, Frank) (Entered: 07/07/2015)

2015-07-07

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RESTRICTED DOCUMENT SUMMONS Returned Executed by Kindig-It Design as to Speedway Motors served on 7/1/2015, answer due 7/22/2015. (Compagni, Frank) (Entered: 07/07/2015)

2015-07-07

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MOTION to Dismiss and/or MOTION to Change Venue filed by Defendant Creative Controls. (Attachments: # 1 Declaration of Thomas R. Stowers)(McCarthy, Michael). Added MOTION to Change Venue and removed unnecessary text on 9/2/2015 (alt) (Entered: 07/17/2015)

2015-07-17

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MOTION to Dismiss and/or MOTION to Change Venue filed by Defendant Creative Controls. (Attachments: # 1 Declaration of Thomas R. Stowers)(McCarthy, Michael). Added MOTION to Change Venue and removed unnecessary text on 9/2/2015 (alt) (Entered: 07/17/2015)

2015-07-17

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Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 07/22/2015)

2015-07-22

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AFFIDAVIT/DECLARATION of Thomas R. Stowers in Support re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 07/22/2015)

2015-07-22

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Creative Controls identifying N/A as Corporate Parent. (McCarthy, Michael) (Entered: 07/29/2015)

2015-07-29

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NOTICE OF CONVENTIONAL FILING of Defendant Creative Controls, Inc.'s Motion to Supplement Its 12(b)(2) Motion to Dismiss and Declaration of Thomas R. Stowers in Support filed by Defendant Creative Controls (McCarthy, Michael) (Entered: 07/31/2015)

2015-07-31

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DECLARATION of Sarah E. Jelsema re 35 Notice of Conventional Filing filed by Creative Controls. (McCarthy, Michael) (Entered: 07/31/2015)

2015-07-31

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SEALED DOCUMENT SEALED MOTION to Supplement Its 12(B)(2) Motion to Dismiss and Memorandum in Support filed by Defendant Creative Controls. Document is linked to 31 (las) Modified on 9/8/2015 (ss). (Entered: 08/03/2015)

2015-07-31

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SEALED DOCUMENTDeclaration of Thomas R. Stowers in Support re 37 SEALED DOCUMENT SEALED MOTION to Supplement its 12(B)(2) Motion to Dismiss and Memorandum in Support filed by Defendant Creative Controls. (las) (Entered: 08/03/2015)

2015-07-31

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REDACTION Defendant Creative Controls, Inc.'s Motion to Supplement Its 12(b)(2) Motion to Dismiss by Defendant Creative Controls. (Attachments: # 1 Exhibit A -- Kindig Website)(McCarthy, Michael) (Entered: 08/04/2015)

2015-08-04

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REDACTION Declaration of Thomas R. Stowers in Support of Defendant Creative Controls, Inc.'s Motion to Supplement Its 12(b)(2) Motion to Dismiss by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/04/2015)

2015-08-04

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Plaintiff's MEMORANDUM in Opposition re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 08/10/2015)

2015-08-10

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Plaintiff's MEMORANDUM in Opposition re 31 MOTION to Dismiss Defendant Creative Controls, Inc.'s Motion to Dismiss and/or Transfer Plaintiff's Supplemental and Second Amended Complaint Under Rules 12(B)(2), (3) and (6) filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 08/14/2015)

2015-08-14

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REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Jill N. Parrish. Judge Robert J. Shelby no longer assigned to the case. Case number will now read 2:14-cv-00867-JNP. Please make changes to document captions accordingly. (rks) (Entered: 08/21/2015)

2015-08-21

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REPLY to Response to Motion re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/27/2015)

2015-08-27

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AFFIDAVIT/DECLARATION of Thomas R. Stowers in Support re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/27/2015)

2015-08-27

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REPLY to Response to Motion re 31 MOTION to Dismiss Defendant Creative Controls, Inc.'s Motion to Dismiss and/or Transfer Plaintiff's Supplemental and Second Amended Complaint Under Rules 12(B)(2), (3) and (6) filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/31/2015)

2015-08-31

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AFFIDAVIT/DECLARATION of Thomas R. Stowers in Support re 31 MOTION to Dismiss Defendant Creative Controls, Inc.'s Motion to Dismiss and/or Transfer Plaintiff's Supplemental and Second Amended Complaint Under Rules 12(B)(2), (3) and (6) filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/31/2015)

2015-08-31

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AFFIDAVIT/DECLARATION of Sarah E. Jelsema in Support re 31 MOTION to Dismiss Defendant Creative Controls, Inc.'s Motion to Dismiss and/or Transfer Plaintiff's Supplemental and Second Amended Complaint Under Rules 12(B)(2), (3) and (6) filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/31/2015)

2015-08-31

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Motions No Longer Referred: 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants (ss) (Entered: 09/01/2015)

2015-09-01

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DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge Jill N. Parrish on 8/31/15 (docket text only - no attached document) (alt) (Entered: 09/02/2015)

2015-09-02

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Order Referring Case to Magistrate Judge

2015-09-02

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NOTICE OF HEARING ON MOTION re: 31 MOTION to Dismiss MOTION to Change Venue : (Notice generated by ss) Motion Hearing set for 9/24/2015 at 02:30 PM in Rm 8.200 before Judge Jill N. Parrish. (ss) (Entered: 09/09/2015)

2015-09-09

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NOTICE of Appearance by Sarah E. Jelsema on behalf of Creative Controls (Jelsema, Sarah) (Entered: 09/10/2015)

2015-09-10

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Plaintiff's MOTION for Leave to File Surreply in Opposition to Motion to Dismiss and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 09/10/2015)

2015-09-10

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DOCKET TEXT ORDER: Before the Court is Kindig-It Design, Inc.'s Ex Parte Motion for Leave to File a Surreply. 54 It appears this was not served on opposing parties to the proceeding. The motion makes no indication as to why it is appropriate for the Court to consider this on an ex parte basis. The motion is DENIED without prejudice. The Court would be willing to reconsider the motion upon refiling containing a required proof of service. Signed by Judge Jill N. Parrish on 9/11/15. No attached document. (wh) (Entered: 09/11/2015)

2015-09-11

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Order on Motion for Leave to File

2015-09-11

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Plaintiff's MOTION for Leave to File TO FILE A SURREPLY and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 09/14/2015)

2015-09-14

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Motions No Longer Referred: 56 Plaintiff's MOTION for Leave to File TO FILE A SURREPLY and Memorandum in Support This is related to a dispositive motion and will be handled by Judge Parrish. (ss) (Entered: 09/15/2015)

2015-09-15

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DOCKET TEXT ORDER - All defendants in this case are hereby ordered to file their response, if any, to Kindig-It Design, Inc.'s Motion for Leave a Surreply 56 by 9/21/15. No attached document. Signed by Judge Jill N. Parrish on 9/15/15. (ss) (Entered: 09/15/2015)

2015-09-15

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Order

2015-09-15

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NOTICE OF FILING of Intent Not to File an Opposition re 56 Plaintiff's MOTION for Leave to File TO FILE A SURREPLY and Memorandum in Support filed by Defendant Creative Controls. (Jelsema, Sarah) (Entered: 09/16/2015)

2015-09-16

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DOCKET TEXT ORDER granting 56 Motion for Leave to File a Surreply. The surreply that was attached as Exh 1 to the motion will be filed by the Court. Signed by Judge Jill N. Parrish on 9/22/15. No attached document. (ss) (Entered: 09/22/2015)

2015-09-22

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SURREPLY in Opposition re 31 MOTION to Dismiss MOTION to Change Venue filed by Plaintiff Kindig-It Design. (ss) (Entered: 09/22/2015)

2015-09-22

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Order on Motion for Leave to File

2015-09-22

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Minute Entry for proceedings held before Judge Jill N. Parrish. Motion Hearing held on 9/24/2015 re 31 MOTION to Dismiss MOTION to Change Venue filed by Creative Controls. After hearing arguments from counsel, Court took the matter under advisement. Court will issue a written ruling. Attorney for Plaintiff: Frank W. Compagni and Bretton Crockett, Attorney for Defendant: Sarah E. Jelsema and Michael McCarthy. Court Reporter: Patti Walker.(ss) (Entered: 09/24/2015)

2015-09-24

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ORDER For Supplemental Briefing on Creative Controls' 31 MOTION to Dismiss MOTION to Change Venue. The Court hereby ORDERS that the parties submit simultaneous supplemental memoranda addressing the following: 1) Whether Tenth Circuit or Federal Circuit law governs the personal jurisdiction analysis in this case. 2) Whether Creative Controls website constitutes an offer to sell the allegedly infringing products. 3) Whether any such offers to sell were made in Utah (to individuals other than those related to Kindig-It). The requested supplemental memoranda must be submitted by October 12, 2015. The argument sections may not exceed 15 pages. Signed by Judge Jill N. Parrish on 10/1/15. (ss) (Entered: 10/01/2015)

2015-10-01

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NOTICE OF WITHDRAWAL OF COUNSEL of Sarah E. Jelsema filed by Sarah E. Jelsema on behalf of Creative Controls (Jelsema, Sarah) (Entered: 10/02/2015)

2015-10-02

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Supplemental MEMORANDUM in Support re 31 MOTION to Dismiss MOTION to Change Venue filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 10/12/2015)

2015-10-12

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Supplemental MEMORANDUM in Opposition re 31 MOTION to Dismiss MOTION to Change Venue filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit 1-Email, # 2 Exhibit 2- Catalog)(Compagni, Frank) (Entered: 10/12/2015)

2015-10-12

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MEMORANDUM DECISION AND ORDER - granting in part and denying in part 31 Motion to Dismiss; denying 31 Motion to Change Venue. Signed by Judge Jill N. Parrish on 1/20/16. (ss)

2016-01-20

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ORDER: parties are to submit simultaneous supplemental memoranda re 32 MOTION to Stay the Claims Against the Retailer Defendants by 2/5/16. Signed by Judge Jill N. Parrish on 1/28/16 (alt) (Entered: 01/28/2016)

2016-01-28

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Creative Controls, Inc.'s ANSWER to 26 Amended Complaint,,, and Statement of Affirmative Defenses filed by Creative Controls.(McCarthy, Michael) (Entered: 02/03/2016)

2016-02-03

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Supplemental BRIEF re 32 Defendant's MOTION to Stay the Claims Against the Retailer Defendants filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 02/05/2016)

2016-02-05

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Supplemental BRIEF re 32 Defendant's MOTION to Stay the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 02/05/2016)

2016-02-05

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ORDER denying as moot 32 Motion to Stay Claims. Signed by Judge Jill N. Parrish on 2/19/16 (alt) (Entered: 02/22/2016)

2016-02-22

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REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Compagni, Frank) (Entered: 02/22/2016)

2016-02-22

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Defendant's MOTION to Withdraw as Attorney for Creative Controls, Inc. filed by Defendant Creative Controls. (Attachments: # 1 Affidavit Declaration of MRM, # 2 Text of Proposed Order) Motions referred to Brooke C. Wells.(McCarthy, Michael) (Entered: 02/23/2016)

2016-02-23

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DOCKET TEXT ORDER taking under advisement 74 Motion to Withdraw as Attorney. The Court has reviewed the Motion to Withdraw as Attorney. Upon review, the Court notes the Motion does not contain any discussion regarding the effect a withdrawal will have on counsel admitted pro hac vice in this case. Therefore, counsel for Creative Controls, Inc. is to submit a supplemental memorandum by Friday, February 26, 2016 that addresses whether counsel admitted pro hac vice has been notified of this motion and any effect withdrawal will have on the representation. IT IS SO ORDERED. Signed by Magistrate Judge Brooke C. Wells on 2/24/2016. No attached document. (lam) (Entered: 02/24/2016)

2016-02-24

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Order on Motion to Withdraw as Attorney

2016-02-24

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Supplemental MEMORANDUM in Support re 74 Defendant's MOTION to Withdraw as Attorney for Creative Controls, Inc. filed by Defendant Creative Controls. (Attachments: # 1 Affidavit Supplemental Declaration of Michael R. McCarthy in Support of Motion for Withdrawal of Counsel)(McCarthy, Michael) (Entered: 02/26/2016)

2016-02-26

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MEMORANDUM in Opposition re 74 Defendant's MOTION to Withdraw as Attorney for Creative Controls, Inc. filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 02/29/2016)

2016-02-29

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ORDER granting in part 74 Motion to Withdraw as Attorney: Counsel may withdraw once new local counsel for Creative Controls has been secured and has entered an appearance in this case. Dft has 30 days from the issuance of this order to secure new local counsel. Signed by Magistrate Judge Brooke C. Wells on 3/2/16 (alt) (Entered: 03/02/2016)

2016-03-02

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NOTICE of Subpoena by Kindig-It Design (Attachments: # 1 Exhibit Subpoena) (Compagni, Frank) (Entered: 03/03/2016)

2016-03-03

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ORDER VACATING 78 Order on 74 Motion to Withdraw as Attorney in order for counsel to file Reply. Signed by Magistrate Judge Brooke C. Wells on 3/3/16 (alt) (Entered: 03/03/2016)

2016-03-03

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REPLY to Response to Motion re 74 Defendant's MOTION to Withdraw as Attorney for Creative Controls, Inc. filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 03/03/2016)

2016-03-03

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SCHEDULING ORDER: Amended Pleadings due by 6/15/2016. Joinder of Parties due by 6/15/2016. Expert Discovery due by 3/3/2017. Motions due by 4/5/2017. Signed by Magistrate Judge Evelyn J. Furse on 3/3/16 (alt) (Entered: 03/04/2016)

2016-03-04

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Set Hearing per 82 Order: Possible Scheduling Conference set for 4/14/2017 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish (alt)

2016-03-04

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DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Jill N. Parrish on 3/7/2016. (jds) (Entered: 03/07/2016)

2016-03-07

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NOTICE of Appearance by Jonathan O. Hafen on behalf of Speedway Motors (Hafen, Jonathan) (Entered: 03/08/2016)

2016-03-08

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MOTION for Admission Pro Hac Vice of Charles J. Meyer, Registration fee $ 15, receipt number 1088-2454188, filed by Defendant Speedway Motors. (Attachments: # 1 Exhibit A-Application for Admission PHV, # 2 Exhibit B-ECF Registration Form, # 3 Exhibit C-Proposed Order PHV)(Hafen, Jonathan) (Entered: 03/09/2016)

2016-03-09

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ORDER granting 85 Motion for Admission Pro Hac Vice of Charles J. Meyer for Speedway Motors. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Brooke C. Wells on 3/10/16 (alt) (Entered: 03/10/2016)

2016-03-10

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ANSWER to 26 Amended Complaint,,,, CROSSCLAIM against Creative Controls, COUNTERCLAIM against Kindig-It Design filed by Speedway Motors.(Meyer, Charles) (Entered: 03/11/2016)

2016-03-11

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ORDER granting 74 Motion to Withdraw as Attorney. Attorneys Thomas N. Young, Michael M. Jacob, and Michael R. McCarthy withdrawn from case for Creative Controls. Signed by Magistrate Judge Brooke C. Wells on 3/11/16 (alt) (Entered: 03/15/2016)

2016-03-15

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RESTRICTED DOCUMENT RETURN OF SERVICE Executed for Subpoena to Produce Documents served on Kelly Nixon, Registered Agent of eBay Inc. on 03/07/2016, filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 04/01/2016)

2016-04-01

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Kindig-It Design. (Attachments: # 1 Text of Proposed Order)(Compagni, Frank) (Entered: 04/04/2016)

2016-04-04

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MOTION for Sanctions for Failure to Comply filed by Plaintiff Kindig-It Design. Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 04/14/2016)

2016-04-14

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RESPONSE to Motion re 90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Speedway Motors. (Meyer, Charles) (Entered: 05/02/2016)

2016-05-02

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MOTION for Default Judgment as to defendant(s) Creative Controls, Inc. filed by Defendant Speedway Motors. (Meyer, Charles) (Entered: 05/02/2016)

2016-05-02

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REQUEST to Submit for Decision re 91 MOTION for Sanctions for Failure to Comply filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 05/03/2016)

2016-05-03

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Motions No Longer Referred: 91 MOTION for Sanctions for Failure to Comply. Judge Parrish will handle this motion. (ss) (Entered: 05/03/2016)

2016-05-03

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ORDER TO SHOW CAUSE: Creative Controls is hereby ORDERED TO SHOW CAUSE why Kindigs Motion for Sanctions (Docket 91) and Speedways Motion for Default Judgment (Docket 93) should not be granted. Creative Controls must respond accordingly by May 13, 2016. Additionally, Creative Controls must comply with the courts order and obtain counsel in this case. Creative Controls is provided notice that failure to comply with this order will result in sanctions including, but not limited to, an award of attorneys fees and entry of default judgment against it. See Klein-Becker USA, LLC, v. Englert, 711 F.3d 1153 (10th Cir. 2013). Signed by Judge Jill N. Parrish on 5/4/16. (jlw) (Entered: 05/04/2016)

2016-05-04

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REPLY to Response to Motion re 90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF DEFENDANT SPEEDWAY MOTORS, INC. filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 05/16/2016)

2016-05-16

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ORDER granting 91 Motion for Sanctions; granting 93 Motion for Default Judgment. Signed by Judge Jill N. Parrish on 5/18/16. (jlw) (Entered: 05/18/2016)

2016-05-18

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Clerk's ENTRY OF DEFAULT CERTIFICATE as to Creative Controls. (jlw) (Entered: 05/19/2016)

2016-05-19

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NOTICE OF HEARING ON MOTION re: 90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by ss) Motion Hearing set for 6/7/2016 at 10:00 AM in Rm 8.200 before Judge Jill N. Parrish. (ss) (Entered: 05/23/2016)

2016-05-23

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ORDER granting 90 Motion to Dismiss Counterclaim of Defendant Speedway Motors, Inc. under Rule 12(B)(6). Signed by Judge Jill N. Parrish on 6/3/16. (ss)

2016-06-03

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NOTICE VACATING MOTION HEARING set for 6/7/16 at 10:00 am before Judge Jill N. Parrish. The hearing was vacated pursuant to 101 Order. (Notice generated by ss) (ss)

2016-06-03

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Stipulated MOTION to Amend/Correct 82 Scheduling Order filed by Plaintiff Kindig-It Design. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Compagni, Frank) Modified on 7/27/2016 by changing from motion to amend/correct to motion for scheduling order (jlw). (Entered: 07/26/2016)

2016-07-26

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ORDER granting 102 Motion for Amended Scheduling Order. Amended Pleadings due by 10/12/2016. Joinder of Parties due by 10/12/2016. Discovery due by 3/9/2017. Plaintiff is directed to file a new scheduling order within 14 days of ruling on claim construction. The Court will set trial deadlines in that order or through a case management conference. See order for further details. Signed by Magistrate Judge Brooke C. Wells on 7/27/16. (jlw) (Entered: 07/27/2016)

2016-07-27

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NOTICE of Subpoena by Kindig-It Design (Attachments: # 1 Exhibit Subpoena) (Crockett, Bretton) (Entered: 07/28/2016)

2016-07-28

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NOTICE of Voluntary Dismissal of Speedway Motors, Inc. filed by Plaintiff Kindig-It Design (Compagni, Frank) (Entered: 09/28/2016)

2016-09-28

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MOTION for Default Judgment as to defendant(s) Creative Controls, Inc. filed by Cross Claimant Speedway Motors, Counter Claimant Speedway Motors. (Attachments: # 1 Affidavit Meyer Declaration, # 2 Exhibit Purchase Order)(Meyer, Charles) (Entered: 10/11/2016)

2016-10-11

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NOTICE of Subpoena by Kindig-It Design (Attachments: # 1 Exhibit Subpoena) (Crockett, Bretton) (Entered: 11/23/2016)

2016-11-23

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ORDER TO SHOW CAUSE: The court, therefore, ORDERS Speedway Motors to show cause why the court should not exclude the requested attorney fees from the default judgment and enter a judgment in the amount of $14,000. If Speedway Motors choses to respond, it should file a brief that provides the legal basis for an attorney fee award and describes which fees are recoverable. It should also provide any billing records and invoices to substantiate its claim to attorney fees. The court is not inclined to review billing documents in camera as the declaration of Charles J. Meyer suggests. Speedway Motors shall respond by December 12, 2016. Signed by Judge Jill N. Parrish on 12/1/16. (jlw) (Entered: 12/01/2016)

2016-12-01

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RESPONSE TO ORDER TO SHOW CAUSE re 108 Order to Show Cause,, filed by Speedway Motors. (Meyer, Charles) (Entered: 12/02/2016)

2016-12-02

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DEFAULT JUDGMENT in favor of Cross-Claimant Speedway Motors and against Cross- Defendant Creative Controls in the amount of $14,000 with interest on the total judgment to accrue at the legal rate pursuant to 28 U.S.C. ยง 1961(a) from the date of this judgment until paid in full. Signed by Judge Jill N. Parrish on 12/2/2016. (eat) (Entered: 12/02/2016)

2016-12-02

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NOTICE of Limited Appearance by Randall B. Bateman on behalf of Creative Controls (Bateman, Randall) Modified by adding Limited text on 3/30/2017 (blh). (Entered: 03/27/2017)

2017-03-27

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NOTICE of Limited Appearance by J. Mark Gibb on behalf of Creative Controls (Gibb, J.) Modified by adding Limited text on 3/30/2017 (blh). (Entered: 03/27/2017)

2017-03-27

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MOTION for Hearing re Request for Evidentiary Hearing Regarding Entry of Default Judgment and Memorandum in Support filed by Defendant Creative Controls. Motions referred to Brooke C. Wells.(Gibb, J.) (Entered: 03/27/2017)

2017-03-27

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Motions No Longer Referred: 113 MOTION for Hearing re Request for Evidentiary Hearing Regarding Entry of Default Judgment and Memorandum in Support Judge Parrish will handle this motion. (ss) (Entered: 03/28/2017)

2017-03-28

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NOTICE VACATING SCHEDULING CONFERENCE H set for 4/14/17 at 2:00 pm before Judge Jill N. Parrish (Notice generated by ss)Hearing will be set on pending motions (ss)

2017-03-30

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NOTICE OF HEARING: (Notice generated by ss) Evidentiary Hearing re: 113 Entry of Default Judgment as to Creative Controls, set for 5/4/2017 at 10:00 AM in Rm 8.200 before Judge Jill N. Parrish. (ss) (Entered: 04/03/2017)

2017-04-03

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MEMORANDUM in Opposition re 113 MOTION for Hearing re Request for Evidentiary Hearing Regarding Entry of Default Judgment and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Michigan Complaint, # 2 Exhibit Letter, # 3 Exhibit Email, # 4 Exhibit Letter, # 5 Exhibit Email, # 6 Exhibit Motion to Enforce, # 7 Exhibit Order, # 8 Exhibit Letter, # 9 Exhibit Email, # 10 Exhibit Letter)(Compagni, Frank) (Entered: 04/10/2017)

2017-04-10

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MOTION to Compel DEFENDANTS RESPONSES TO PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST SET OF INTERROGATORIES filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Discovery Requests, # 2 Exhibit Letter, # 3 Exhibit Email, # 4 Exhibit Email, # 5 Exhibit Letter, # 6 Exhibit Motion to Enforce, # 7 Exhibit Letter, # 8 Exhibit Email, # 9 Exhibit Letter, # 10 Exhibit Emails, # 11 Text of Proposed Order Granting Short Form Motion to Compel) Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 04/10/2017)

2017-04-10

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NOTICE VACATING EVIDENTIARY HEARING set for 5/4/17 at 10:00 am before Judge Jill N. Parrish (Notice generated by ss)Motion needs to be resolved prior to hearing. Hearing will be reset at a later date. (ss)

2017-04-11

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Defendant's MEMORANDUM in Opposition re 117 MOTION to Compel DEFENDANTS RESPONSES TO PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST SET OF INTERROGATORIES filed by Cross Defendant Creative Controls, Defendant Creative Controls. (Attachments: # 1 Exhibit A to Opposition, # 2 Text of Proposed Order Order Denying Motion to Compel) Attorney Randall B. Bateman added to party Creative Controls(pty:crd)(Bateman, Randall) (Entered: 04/14/2017)

2017-04-14

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NOTICE of Entry of Supplemental Limited Appearance As Counsel for Creative Controls, Inc. by Creative Controls (Gibb, J.) (Entered: 04/14/2017)

2017-04-14

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NOTICE of Appearance by Randall B. Bateman on behalf of Creative Controls (Bateman, Randall) (Entered: 04/17/2017)

2017-04-17

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REPLY to Response to Motion re 113 MOTION for Hearing re Request for Evidentiary Hearing Regarding Entry of Default Judgment and Memorandum in Support filed by Cross Defendant Creative Controls, Defendant Creative Controls. (Attachments: # 1 Exhibit A - Communications of Dressell, # 2 Exhibit B - December 21 Reply, # 3 Exhibit C - January 16 1st Set of Requests, # 4 Exhibit D - Plaintiff's Opposition to Stay, # 5 Exhibit E - Declaration of Thomas Stowers, # 6 Exhibit F - Dressell Letter April 6, 2017, # 7 Exhibit G - 2015 Year End Report, # 8 Exhibit H - Discovery Requests)(Bateman, Randall) (Entered: 04/17/2017)

2017-04-17

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REPLY to Response to Motion re 117 MOTION to Compel DEFENDANTS RESPONSES TO PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST SET OF INTERROGATORIES filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 04/17/2017)

2017-04-17

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Motions No Longer Referred: 117 MOTION to Compel DEFENDANTS RESPONSES TO PLAINTIFFS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST SET OF INTERROGATORIES, 113 MOTION for Hearing re Request for Evidentiary Hearing Regarding Entry of Default Judgment and Memorandum in Support . (ksb) (Entered: 04/20/2017)

2017-04-20

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MEMORANDUM DECISION denying 117 Motion to Compel. Signed by Judge Jill N. Parrish on 4/21/17. (jlw)

2017-04-21

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ORDER granting 113 Motion for Evidentiary Hearing Regarding Entry of Default Judgment. Kindig-It shall file a brief with the court outlining the basis for its claim for damages and the law regarding the measure of damages under the remaining causes of action in this suit by May 8, 2017. Creative Controls may file a responsive brief by May 15, 2017 if it wishes to do so. Signed by Judge Jill N. Parrish on 4/21/17. (jlw) (Entered: 04/21/2017)

2017-04-21

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NOTICE OF HEARING: (Notice generated by Clerk) Evidentiary Hearing set for 5/22/2017 at 09:00 AM in Rm 8.200 before Judge Jill N. Parrish. The court will hear evidence and argument regarding the amount of damages to award. (jlw) (Entered: 04/21/2017)

2017-04-21

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AMENDED NOTICE OF HEARING: (Notice generated by ss) Evidentiary Hearing set for 6/9/2017 at 09:00 AM in Rm 8.200 before Judge Jill N. Parrish. Hearing was moved at request of defendant counsel. (ss) (Entered: 05/01/2017)

2017-05-01

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SECOND AMENDED NOTICE OF HEARING: (Notice generated by ss) Evidentiary Hearing RESET for 6/16/2017 at 09:00 AM in Rm 8.200 before Judge Jill N. Parrish. Hearing reset at request of counsel. (ss) (Entered: 05/01/2017)

2017-05-01

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DOCKET TEXT ORDER No attached document. The court amends the briefing schedule for the evidentiary hearing as follows: Kindig-It shall file a brief with the court outlining the basis for its claim for damages and the law regarding the measure of damages under the remaining causes of action in this suit by May 26, 2017. Creative Controls may file a responsive brief by June 9, 2017 if it wishes to do so. Signed by Judge Jill N. Parrish on 5/1/17. (ksb) (Entered: 05/01/2017)

2017-05-01

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Order

2017-05-01

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Evidentiary BRIEF filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration on Dave Kindit, # 2 Exhibit Brock Declaration, # 3 Exhibit Letter from T Young, # 4 Exhibit Stowers Affidavit, # 5 Exhibit Stower Transcript, # 6 Exhibit Email from L Dressell, # 7 Exhibit CCI Discovery Response, # 8 Exhibit Declaration of Karl Cannon, # 9 Exhibit Kindig-it Website, # 10 Exhibit Comparisons of Photos)(Compagni, Frank) (Entered: 05/26/2017)

2017-05-26

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Evidentiary BRIEF re 130 Brief, filed by Defendant Creative Controls. (Attachments: # 1 Exhibit Declaration of Thomas Stowers, # 2 Exhibit Declaration of Anthony Budge)(Bateman, Randall) (Entered: 06/09/2017)

2017-06-09

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DECLARATION of Daniel T. Rondeau re 131 Brief filed by Creative Controls. (Gibb, J.) (Entered: 06/09/2017)

2017-06-09

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Remark: Counsel for the plaintiff left a voicemail message with the court's case manager today. Counsel inquired as to whether the court would permit a disabled witness to testify via telephone at the June 16, 2017 hearing. The court notes that it will not entertain ex parte requests of this nature. The plaintiff may file a request supported by facts and legal authority if it wishes to do so. (ksb) (Entered: 06/13/2017)

2017-06-13

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MEMORANDUM re 131 Brief filed by Kindig-It Design. (Attachments: # 1 Exhibit Supp Declaration of Karl R. Cannon, # 2 Exhibit Supp Declaration of Jerry Brock, # 3 Exhibit Supp Declaration of Frank Compagni)(Compagni, Frank) (Entered: 06/13/2017)

2017-06-13

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OBJECTIONS to Plaintiff's Supplemental Memorandum, Dkt. No. 134 to 134 Memorandum (NOT to motion) to Plaintiff's Supplemental Memorandum, Dkt. No. 134 filed by Creative Controls. (Gibb, J.) (Entered: 06/14/2017)

2017-06-14

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DOCKET TEXT ORDER. No attached document. The court orders that the parties shall comply with the following time constraints for the hearing to be held on June 16, 2017: the plaintiff shall have a total of 4 hours to present evidence and cross-examine the defendant's witnesses, and the defendant shall have a total of three hours to present evidence and cross-examine the plaintiff's witnesses. Court staff will operate a chess clock to enforce these time constraints. Time permitting, each side may present a brief closing argument. If there is no extra time, or if the parties agree to forgo closing arguments, the court will set a deadline for the parties to file a short legal brief with the court. Signed by Judge Jill N. Parrish on 6/14/17. (ksb) (Entered: 06/14/2017)

2017-06-14

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Plaintiff's MEMORANDUM re 135 Objections by Creative Controls, Inc. to Plaintiff's Supplemental Memorandum filed by Kindig-It Design. (Compagni, Frank) (Entered: 06/14/2017)

2017-06-14

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Order

2017-06-14

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Emergency MOTION for Out-of-State Non-Party Witness Jerry E. Brock to Testify by Telephone or Video Conference filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Airline Confirmation, # 2 Exhibit Physician Letter, # 3 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 06/15/2017)

2017-06-15

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DOCKET TEXT ORDER. No attached document. If Creative Controls has any objection to the recently filed Emergency MOTION for Out-of-State Non-Party Witness Jerry E. Brock to Testify by Telephone or Video Conference 138, the court orders it to file a response to the motion by 2:00 PM today. Signed by Judge Jill N. Parrish on 6/15/17. (ksb) (Entered: 06/15/2017)

2017-06-15

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Defendant's MEMORANDUM in Opposition re 138 Emergency MOTION for Out-of-State Non-Party Witness Jerry E. Brock to Testify by Telephone or Video Conference filed by Defendant Creative Controls. (Gibb, J.) (Entered: 06/15/2017)

2017-06-15

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DOCKET TEXT ORDER granting 138 Kindig-It's motion to allow Jerry Brock to testify by video conference. Based upon the court's understanding that Mr. Brock will testify by video conference and that Mr. Brock will have access to all relevant documents, the court GRANTS the motion for him to testify remotely. If either of these prerequisites are not met, the court may reconsider its ruling. Signed by Judge Jill N. Parrish on 6/15/17. No attached document. (ksb) (Entered: 06/15/2017)

2017-06-15

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Order

2017-06-15

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Order on Motion for Miscellaneous Relief

2017-06-15

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Minute Entry for proceedings held before Judge Jill N. Parrish. Evidentiary Hearing held on 6/16/2017. Counsel for all parties present. Witnesses called, sworn and testimony given. At the close of the hearing, Counsel were ordered to meet and come up with a joint list of exhibits that were offered and received during the hearing. Counsel should file a joint document, if parties can't agree to the exhibit, parties should file a stipulation as to the exhibits they agree on and file objections as to the ones that can't be agreed on. This is to be done by 6/29/17 at 5:00pm. Court set closing arguments for 7/10/17 at 10:30 AM in Rm 8.200. Attorney for Plaintiff: Frank Compagni, Brett Crockett, Attorney for Defendant: Randall Bateman, Mark Gibb. Court Reporter: Patti Walker.(ss) (Entered: 06/27/2017)

2017-06-16

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STIPULATION re 142 Evidentiary Hearing, Set Hearings,,,,,, Joint Exhibit List by Creative Controls, Kindig-It Design. (Compagni, Frank) (Entered: 06/29/2017)

2017-06-29

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OBJECTIONS to Plaintiff's Exhibits to 142 Evidentiary Hearing, Set Hearings,,,,,, to Plaintiff's Exhibits filed by Creative Controls. (Bateman, Randall) (Entered: 06/29/2017)

2017-06-29

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OBJECTIONS to Creative Controls, Inc.'s Opposition Memorandum on Damages and Evidence Presented at the Evidentiary Hearing to 142 Evidentiary Hearing, Set Hearings,,,,,, to Creative Controls, Inc.'s Opposition Memorandum on Damages and Evidence Presented at the Evidentiary Hearing filed by Kindig-It Design. (Compagni, Frank) (Entered: 06/29/2017)

2017-06-29

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DOCKET TEXT ORDER. No attached document. The court orders plaintiff Kindig-It Design to show cause why its claims against defendant Rutters Rod Shop should not be dismissed for failure to prosecute. Kindig-It shall respond by July 28, 2017. Failure to respond will result in dismissal of the claims against Rutter's. Signed by Judge Jill N. Parrish on 7/11/17. (ksb) (Entered: 07/11/2017)

2017-07-11

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on 6/16/17 before Judge Jill Parrish. Court Reporter/Transcriber Patti Walker, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017. Release of Transcript Restriction set for 10/10/2017. (jlw) Modified on 2/20/2018 by removing restricted text(jlw). (Entered: 07/11/2017)

2017-07-11

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing - part 2 held on 6/16/17 before Judge Jill Parrish. Court Reporter/Transcriber Laura Robinson NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017. Release of Transcript Restriction set for 10/10/2017. (jlw) Modified on 7/20/2017 by correcting name of court reporter (jlw). Modified by removing restricted text(jlw). (Entered: 07/11/2017)

2017-07-11

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Order

2017-07-11

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REQUEST for ALLOCATED ATTORNEYS FEES PURSUANT TO COURT ORDER filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Second Supplemental Declaration of Frank W. Compagni)(Compagni, Frank) (Entered: 07/25/2017)

2017-07-25

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NOTICE of Voluntary Dismissal of Rutter's Rod Shop, Inc. filed by Plaintiff Kindig-It Design (Compagni, Frank) (Entered: 07/25/2017)

2017-07-25

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on 7/10/17 before Judge Jill Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/25/2017. (jlw) Modified on 2/20/2018 by removing restricted text (jlw). (Entered: 07/27/2017)

2017-07-27

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Defendant's RESPONSE re 150 Request,Defendant CCI's Opposing Memorandum to Plaintiff's Request for Attorneys' Fees and Costs and CCI's Objection to KIDI's Evidence Including the Second Supplemental Declaration of Frank W. Compagni and Attached Exhibits filed by Creative Controls. (Gibb, J.) (Entered: 07/31/2017)

2017-07-31

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Plaintiff's RESPONSE re 154 Response (NOT to motion),,Plaintiffs Response To Creative Control, Inc.s Opposition To Kindig-Its Request For Attorneys Fees And Costs And Objection To Plaintiff Kindig-Its Submitted Evidence Including Second Supplemental Declaration Of Frank W. Compagni Regarding Kindig-Its Attorneys Fees And Costs And Related Exhibits filed by Kindig-It Design. (Compagni, Frank) (Entered: 08/03/2017)

2017-08-03

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DEFAULT JUDGMENT: Plaintiff Kindig-It Design, Inc. is awarded a default judgment against defendant Creative Controls, Inc. in the amount of $9,989.75 with interest to accrue at the legal rate pursuant to 28 U.S.C. Section 1961(a) from the date of this default judgment until paid in full. Signed by Judge Jill N. Parrish on 10/19/17. (dla) (Entered: 10/20/2017)

2017-10-20

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ORDER Fixing Attorney Fee Award: the court awards a total of $6,489.75 in attorney fees as the proper amount allocated to the deceptive trade practices cause of action. Signed by Judge Jill N. Parrish on 10/19/17. (dla) (Entered: 10/20/2017)

2017-10-20

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FINAL JUDGMENT: On 12/2/2016, the court entered a default judgment in favor of cross-claimant Speedway Motors, Inc. and against cross-defendant Creative Controls, Inc. On 10/20/2017, the court entered a default judgment in favor of plaintiff Kindig-It Design, Inc. and against Creative Controls, Inc.IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of Speedway Motors, Inc. and against cross-defendant Creative Controls, Inc. in the amount of $14,000; and in favor of plaintiff Kindig-It Design, Inc. and against Creative Controls, Inc. in the amount of $9,989.75. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case. Signed by Judge Jill N. Parrish on 10/20/17. (dla) (Entered: 10/20/2017)

2017-10-20

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Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: # 1 Exhibit Final Judgment) (dla) (Entered: 10/20/2017)

2017-10-20

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Report on the Final Decision of an action mailed to the Register of Copyrights Office. (Attachments: # 1 Supplement Final Judgment) (dla) (Entered: 10/20/2017)

2017-10-20

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SATISFACTION OF JUDGMENT re 158 Judgment,, entered In favor of Kindig-It Design Against Creative Controls by Kindig-It Design. (Compagni, Frank) (Entered: 01/22/2018)

2018-01-22

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Overview

Parties

Defendant

Rutter's Rod Shop Follow

Represented By

Plaintiff

Kindig-It Design Follow

Represented By

Cross Defendant

Creative Controls Follow

Represented By

Counter Claimant

Speedway Motors Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (eat) (Entered: 11/25/2014)

Report on the Filing of an action mailed to the Register of Copyrights Office. (Attachments: # 1 Supplement Copy of Complaint) (eat) (Entered: 11/25/2014)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Creative Controls. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 11/25/2014)

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kindig-It Design as to Creative Controls served on 11/26/2014, answer due 12/17/2014. (Compagni, Frank) (Entered: 12/10/2014)

Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Transfer filed by Defendant Creative Controls. (Attachments: # 1 Affidavit Declaration) Attorney Michael R. McCarthy added to party Creative Controls(pty:dft)(McCarthy, Michael) (Entered: 01/20/2015)

MOTION for Leave to File Amended Complaint filed by Plaintiff Kindig-It Design. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Amended Complaint)(Compagni, Frank) (Entered: 02/13/2015)

ORDER granting 12 Motion for Leave to File Amended Complaint. Signed by Judge Robert J. Shelby on 2/17/2015. (las) (Entered: 02/17/2015)

Plaintiff's MEMORANDUM in Opposition re 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Transfer filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 02/20/2015)

Plaintiff's MEMORANDUM in Opposition re 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Transfer filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 02/20/2015)

Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer filed by Defendant Creative Controls. (Attachments: # 1 Affidavit Declaration)(McCarthy, Michael) (Entered: 03/06/2015)

Stipulated MOTION to Stay of the Parties' Rule 26(f) Conference filed by Defendant Creative Controls. (Attachments: # 1 Text of Proposed Order)(McCarthy, Michael) (Entered: 03/31/2015)

Plaintiff's MEMORANDUM in Opposition re 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit Declaration of Mark Anthony Zarate)(Compagni, Frank) (Entered: 04/01/2015)

NOTICE OF HEARING ON MOTION re: 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/21/2015 at 3:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 04/08/2015)

REPLY to Response to Motion re 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or transfer filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 04/15/2015)

MOTION for Leave to File Amended and Supplemental Complaint and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Second Amended Complaint)(Compagni, Frank) (Entered: 06/02/2015)

MEMORANDUM in Opposition re 23 MOTION for Leave to File Amended and Supplemental Complaint and Memorandum in Support filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 06/19/2015)

ORDER denying without prejudice 17 Motion to Dismiss for Lack of Jurisdiction ; granting 23 Motion for Leave to File Amended Complaint. The court strikes the July 21, 2015 hearing. Signed by Judge Robert J. Shelby on 6/29/2015. (las) (Entered: 06/29/2015)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Rutter's Rod Shop. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 06/30/2015)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Speedway Motors. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 06/30/2015)

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kindig-It Design as to Rutter's Rod Shop served on 6/30/2015, answer due 7/21/2015. (Compagni, Frank) (Entered: 07/07/2015)

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kindig-It Design as to Speedway Motors served on 7/1/2015, answer due 7/22/2015. (Compagni, Frank) (Entered: 07/07/2015)

MOTION to Dismiss and/or MOTION to Change Venue filed by Defendant Creative Controls. (Attachments: # 1 Declaration of Thomas R. Stowers)(McCarthy, Michael). Added MOTION to Change Venue and removed unnecessary text on 9/2/2015 (alt) (Entered: 07/17/2015)

MOTION to Dismiss and/or MOTION to Change Venue filed by Defendant Creative Controls. (Attachments: # 1 Declaration of Thomas R. Stowers)(McCarthy, Michael). Added MOTION to Change Venue and removed unnecessary text on 9/2/2015 (alt) (Entered: 07/17/2015)

Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 07/22/2015)

AFFIDAVIT/DECLARATION of Thomas R. Stowers in Support re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 07/22/2015)

CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Creative Controls identifying N/A as Corporate Parent. (McCarthy, Michael) (Entered: 07/29/2015)

NOTICE OF CONVENTIONAL FILING of Defendant Creative Controls, Inc.'s Motion to Supplement Its 12(b)(2) Motion to Dismiss and Declaration of Thomas R. Stowers in Support filed by Defendant Creative Controls (McCarthy, Michael) (Entered: 07/31/2015)

DECLARATION of Sarah E. Jelsema re 35 Notice of Conventional Filing filed by Creative Controls. (McCarthy, Michael) (Entered: 07/31/2015)

*SEALED DOCUMENT* SEALED MOTION to Supplement Its 12(B)(2) Motion to Dismiss and Memorandum in Support filed by Defendant Creative Controls. Document is linked to 31 (las) Modified on 9/8/2015 (ss). (Entered: 08/03/2015)

**SEALED DOCUMENT**Declaration of Thomas R. Stowers in Support re 37 *SEALED DOCUMENT* SEALED MOTION to Supplement its 12(B)(2) Motion to Dismiss and Memorandum in Support filed by Defendant Creative Controls. (las) (Entered: 08/03/2015)

REDACTION Defendant Creative Controls, Inc.'s Motion to Supplement Its 12(b)(2) Motion to Dismiss by Defendant Creative Controls. (Attachments: # 1 Exhibit A -- Kindig Website)(McCarthy, Michael) (Entered: 08/04/2015)

REDACTION Declaration of Thomas R. Stowers in Support of Defendant Creative Controls, Inc.'s Motion to Supplement Its 12(b)(2) Motion to Dismiss by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/04/2015)

Plaintiff's MEMORANDUM in Opposition re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 08/10/2015)

REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Jill N. Parrish. Judge Robert J. Shelby no longer assigned to the case. Case number will now read 2:14-cv-00867-JNP. Please make changes to document captions accordingly. (rks) (Entered: 08/21/2015)

REPLY to Response to Motion re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/27/2015)

AFFIDAVIT/DECLARATION of Thomas R. Stowers in Support re 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/27/2015)

REPLY to Response to Motion re 31 MOTION to Dismiss Defendant Creative Controls, Inc.'s Motion to Dismiss and/or Transfer Plaintiff's Supplemental and Second Amended Complaint Under Rules 12(B)(2), (3) and (6) filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 08/31/2015)

Motions No Longer Referred: 32 Defendant's MOTION to Stay and Memorandum in Support the Claims Against the Retailer Defendants (ss) (Entered: 09/01/2015)

DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge Jill N. Parrish on 8/31/15 (docket text only - no attached document) (alt) (Entered: 09/02/2015)

Order Referring Case to Magistrate Judge

NOTICE OF HEARING ON MOTION re: 31 MOTION to Dismiss MOTION to Change Venue : (Notice generated by ss) Motion Hearing set for 9/24/2015 at 02:30 PM in Rm 8.200 before Judge Jill N. Parrish. (ss) (Entered: 09/09/2015)

NOTICE of Appearance by Sarah E. Jelsema on behalf of Creative Controls (Jelsema, Sarah) (Entered: 09/10/2015)

Plaintiff's MOTION for Leave to File Surreply in Opposition to Motion to Dismiss and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 09/10/2015)

Order on Motion for Leave to File

Plaintiff's MOTION for Leave to File TO FILE A SURREPLY and Memorandum in Support filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Compagni, Frank) (Entered: 09/14/2015)

Motions No Longer Referred: 56 Plaintiff's MOTION for Leave to File TO FILE A SURREPLY and Memorandum in Support This is related to a dispositive motion and will be handled by Judge Parrish. (ss) (Entered: 09/15/2015)

DOCKET TEXT ORDER - All defendants in this case are hereby ordered to file their response, if any, to Kindig-It Design, Inc.'s Motion for Leave a Surreply 56 by 9/21/15. No attached document. Signed by Judge Jill N. Parrish on 9/15/15. (ss) (Entered: 09/15/2015)

Order

NOTICE OF FILING of Intent Not to File an Opposition re 56 Plaintiff's MOTION for Leave to File TO FILE A SURREPLY and Memorandum in Support filed by Defendant Creative Controls. (Jelsema, Sarah) (Entered: 09/16/2015)

DOCKET TEXT ORDER granting 56 Motion for Leave to File a Surreply. The surreply that was attached as Exh 1 to the motion will be filed by the Court. Signed by Judge Jill N. Parrish on 9/22/15. No attached document. (ss) (Entered: 09/22/2015)

SURREPLY in Opposition re 31 MOTION to Dismiss MOTION to Change Venue filed by Plaintiff Kindig-It Design. (ss) (Entered: 09/22/2015)

Order on Motion for Leave to File

NOTICE OF WITHDRAWAL OF COUNSEL of Sarah E. Jelsema filed by Sarah E. Jelsema on behalf of Creative Controls (Jelsema, Sarah) (Entered: 10/02/2015)

Supplemental MEMORANDUM in Support re 31 MOTION to Dismiss MOTION to Change Venue filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 10/12/2015)

Supplemental MEMORANDUM in Opposition re 31 MOTION to Dismiss MOTION to Change Venue filed by Plaintiff Kindig-It Design. (Attachments: # 1 Exhibit 1-Email, # 2 Exhibit 2- Catalog)(Compagni, Frank) (Entered: 10/12/2015)

MEMORANDUM DECISION AND ORDER - granting in part and denying in part 31 Motion to Dismiss; denying 31 Motion to Change Venue. Signed by Judge Jill N. Parrish on 1/20/16. (ss)

ORDER: parties are to submit simultaneous supplemental memoranda re 32 MOTION to Stay the Claims Against the Retailer Defendants by 2/5/16. Signed by Judge Jill N. Parrish on 1/28/16 (alt) (Entered: 01/28/2016)

Creative Controls, Inc.'s ANSWER to 26 Amended Complaint,,, and Statement of Affirmative Defenses filed by Creative Controls.(McCarthy, Michael) (Entered: 02/03/2016)

Supplemental BRIEF re 32 Defendant's MOTION to Stay the Claims Against the Retailer Defendants filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 02/05/2016)

Supplemental BRIEF re 32 Defendant's MOTION to Stay the Claims Against the Retailer Defendants filed by Defendant Creative Controls. (McCarthy, Michael) (Entered: 02/05/2016)

ORDER denying as moot 32 Motion to Stay Claims. Signed by Judge Jill N. Parrish on 2/19/16 (alt) (Entered: 02/22/2016)

REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Compagni, Frank) (Entered: 02/22/2016)

Rutter's Rod Shop

Kindig-It Design

Creative Controls

Speedway Motors

RESTRICTED DOCUMENTSummons Issued Electronically as to Creative Controls. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 11/25/2014)

RESTRICTED DOCUMENT SUMMONS Returned Executed by Kindig-It Design as to Creative Controls served on 11/26/2014, answer due 12/17/2014. (Compagni, Frank) (Entered: 12/10/2014)

RESTRICTED DOCUMENTSummons Issued Electronically as to Rutter's Rod Shop. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 06/30/2015)

RESTRICTED DOCUMENTSummons Issued Electronically as to Speedway Motors. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 06/30/2015)

RESTRICTED DOCUMENT SUMMONS Returned Executed by Kindig-It Design as to Rutter's Rod Shop served on 6/30/2015, answer due 7/21/2015. (Compagni, Frank) (Entered: 07/07/2015)

RESTRICTED DOCUMENT SUMMONS Returned Executed by Kindig-It Design as to Speedway Motors served on 7/1/2015, answer due 7/22/2015. (Compagni, Frank) (Entered: 07/07/2015)

SEALED DOCUMENT SEALED MOTION to Supplement Its 12(B)(2) Motion to Dismiss and Memorandum in Support filed by Defendant Creative Controls. Document is linked to 31 (las) Modified on 9/8/2015 (ss). (Entered: 08/03/2015)

SEALED DOCUMENTDeclaration of Thomas R. Stowers in Support re 37 SEALED DOCUMENT SEALED MOTION to Supplement its 12(B)(2) Motion to Dismiss and Memorandum in Support filed by Defendant Creative Controls. (las) (Entered: 08/03/2015)

RESTRICTED DOCUMENT RETURN OF SERVICE Executed for Subpoena to Produce Documents served on Kelly Nixon, Registered Agent of eBay Inc. on 03/07/2016, filed by Plaintiff Kindig-It Design. (Compagni, Frank) (Entered: 04/01/2016)