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Electrology Laboratory, Inc. v. Kunze et al, No. 1:11-cv-01907 (D. Colo.)
Case Title: Electrology Laboratory, Inc. v. Kunze et al
Case Type: Civil Case
Court: U.S. District Court for the District of Colorado
Index Number(s): 1:2011cv1907, 1:11-cv-01907, 1:11-cv-01907-RM-KMT
Nature of Suit: Trademark
Judge: Raymond P. Moore
Magistrate Judge: Kathleen M. Tafoya
Case Opened: July 21, 2011
Case Closed March 14, 2016
Docket Entries
Date Filed Dkt # Entry Text
Aug 3, 2011 7 ORDER Setting Scheduling Conference for 11/1/2011 at 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 8/3/11. (mnf, )
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Oct 18, 2011 70 MINUTE ORDER granting 65 Motion to Amend Answer of Defendant Rock Creek Laser & Esthetics Institute. The 66 Amended Answer of Defendants Rock Creek Laser & Esthetics Institute is accepted as filed, pursuant to Fed. R. Civ. P. 15(a)(2). By Magistrate Judge Kathleen M. Tafoya on 10/18/11.(mnfsl, )
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Nov 15, 2011 82 ORDER PERMANENTLY ENJOINING DEFENDANTS RETHINK THE INK, LLC AND BARELASER, LLC. The caption in this case shall be amended to reflect the correct spelling of the name of defendant Rethink the Ink, LLC. The 56 Stipulation and Joint Motion for Approv al of Stipulation to Approve Consent Order and Resolve Case with Regard to BareLaser, LLC and Rethink the Inc. is granted. The 75 Joint Motion for Expedited Ruling on Motion to Approve Consent Order and Resolve Case with Regard to Barelaser, LLC an d Rethink the Inc., [sic] LLC is denied as moot. Pursuant to Fed. R. Civ. P. 41(a), all claims asserted by plaintiff against defendants Rethink the Ink, LLC and BareLaser, LLC are dismissed with prejudice, with each party to bear its own attorneys' fees and costs. By Judge Philip A. Brimmer on 11/15/11.(mnfsl, )
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Mar 12, 2012 103 MINUTE ORDER denying without prejudice 101 Joint Motion for Approval of Stipulation to Approve Protective. By Magistrate Judge Kathleen M. Tafoya on 3/12/12.(mnfsl, )
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Mar 14, 2012 106 ORDER granting 83 Plaintiff's Motion to Amend Verified Complaint. By Magistrate Judge Kathleen M. Tafoya on 3/14/12.(mnfsl, )
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Mar 14, 2012 108 MINUTE ORDER granting 84 Third-Party Defendants' Motion to Add Counterclaims. By Magistrate Judge Kathleen M. Tafoya on 3/14/12.(mnfsl, )
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May 3, 2012 134 MINUTE ORDER granting 131 Motion to Withdraw as Counsel for Defendant Rock Creek Laser and Esthetics Institute and Entry of Appearance of New Counsel by Magistrate Judge Kathleen M. Tafoya on 5/3/12.(pabcd)
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May 14, 2012 136 ORDER granting 110 Third-Party Defendant Ray Fluken's Motion to Add Additional Counterclaim. By Magistrate Judge Kathleen M. Tafoya on 5/14/12.(mnfsl, )
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May 15, 2012 138 MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 5/15/2012, granting 114 Motion to Compel, granting 117 Motion for Extension of Time, and denying 124 Motion for Protective Order. Discovery due by 7/31/2012. Dispositive Motions due by 8/31/2012. Final Pretrial Conference set for 10/31/2012 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (FTR: Courtroom C-201) (kmtcd)
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May 18, 2012 139 PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 5/18/2012. (kmtcd)
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May 25, 2012 140 MINUTE ORDER denying 129 Defendants and Third-Party Plaintiffs' Motion to Compel. By Judge Philip A. Brimmer on 5/25/12.(mnfsl, )
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Oct 22, 2012 162 ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT ROCK CREEK LASER & ESTHETICS INSTITUTE. The 156 Joint Motion for Order of Dismissal With Prejudice of All Claims Against Defendant Rock Creek Laser & Esthetics Institute is granted. Pursuant t o Fed. R. Civ. P. 41(a), all claims asserted against defendant Rock Creek Laser & Esthetics Institute are dismissed with prejudice, with each party to bear its own attorneys' fees and costs. By Judge Philip A. Brimmer on 10/22/12.(mnfsl, ) Modified on 10/23/2012 to correct text (mnfsl, ).
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Nov 13, 2012 170 ORDER SETTING CASE FOR TRIAL. Five-day Bench Trial set for 4/22/2013 at 08:30 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 4/5/2013 at 10:00 AM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 11/13/12. (mnfsl, )
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Mar 18, 2013 178 ORDER staying proceedings against Defendant/Third-Party Plaintiff Lorenzo P. Kunze until relief from the automatic stay in Bankruptcy Case No. 13-13936 is granted. By Magistrate Judge Kathleen M. Tafoya on 3/18/13. (dkals, )
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Mar 29, 2013 183 MINUTE ORDER. The 182 Stipulation and Joint Motion to Approve Stipulation Regarding Stay of Proceedings Regarding Remaining Claim is granted. The Final Trial Preparation Conference scheduled for 4/5/2013 and the trial set for 4/22/2013 are vacated . In light of the parties' agreement, Defendants' and Third-Party Plaintiffs' 151 Combined Motion for Summary Judgment Dismissing Plaintiff's Third Claim for Relief and Memorandum Brief in Support Thereof is withdrawn without prejudice. By Judge Philip A. Brimmer on 3/29/13.(mnfsl, )
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May 22, 2014 202 ORDER granting 185 Motion for Leave; denying as moot 195 Motion for Extension of Time ; granting 199 Motion to Lift Stay. On or before May 30, 2014, the parties shall jointly call Chambers at 303-335-2784 to reset a trial preparation conference and a five-day bench trial, by Judge Raymond P. Moore on 5/22/2014.(trlee, )
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Jun 2, 2014 207 ORDER setting case for trial: Trial Preparation Conference set for 11/21/2014 at 01:00 PM in Courtroom A 601 before Judge Raymond P. Moore. A five day Bench Trial is set to commence 12/1/2014 09:00 AM before Judge Raymond P. Moore. by Judge Raymond P. Moore on 6/2/2014. (trlee, )
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Dec 23, 2014 215 COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Motion Hearing held on 12/23/2014, denying 171 Motion for Order to Show Cause and 175 Motion for Sanctions, taking under advisement 203 Motion for Summary Judgment. Counsel to file simultaneous briefs regarding the third-party claims on or before 1/15/2015. Court Reporter: Tammy Hoffschildt. (cpear)
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Jan 23, 2015 228 AMENDED COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Docket entry 227 Courtroom Minutes re Trial Preparation Conference is amended only to reflect that the 203 Defendants and Third-Party Plaintiffs' Combined Motion for Summary Judgment Dismissing Plaintiff's Third Claim for Relief and Memorandum Brief in Support Thereof is DENIED. Court Reporter: Tammy Hoffschildt. (cpear)
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Mar 14, 2016 242 FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER: The Court finds in favor of Plaintiffs, in whole or in part, on eight of their 11 claims for relief. The Court further finds Mr. Kunze is entitled to relief on his counterclaim and third-party claim for breach of the Promissory Note given in partial payment for the purchase of ELI. Judgment shall enter pursuant to the order. Entered by Judge Raymond P. Moore on 3/14/2016. (cpear)
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