Colorado District Court, Case No. 1:00-cv-01803-WYD:
Appraisal Institute v. Horan, et al
Judge Wiley Y. Daniel, presiding

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Appraisal Institute, Plaintiff

K. C. Groves, Jr.
Ireland, Stapleton, Pryor & Pascoe, PC
Phone: +1 303 623 2700
Fax: +1 303 623 2062
E-Mail: kcgroves@irelandstapleton.com

v.
No Logo Dean Horan, Defendant

No attorney information is available for this party.

No Logo Horan & Company, Defendant

No attorney information is available for this party.

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Office Denver
Filed 9/12/2000
Jury Demand None
Demand $0
Nature of Suit 840 - Trademark
Cause Section 15 U.S.C. § 1051 Trademark Infringement
Jurisdiction Federal Question
Disposition Judgment - Judgment on Default
County XX US, Outside State
Terminated 5/10/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
 -- Filed: 9/12/2000, Entered: 9/13/2000 Filing Fee Received
FILING FEE PAID: on 9/12/00 in the amount of $ 150, receipt # 219505. (former empl)
 1 Filed: 9/12/2000, Entered: 9/13/2000 Complaint
COMPLAINT (Summons(es) issued) (former empl)
 2 Filed: 9/14/2000, Entered: 9/15/2000 Certificate Court Filing
CERTIFICATE by plaintiff of service of Instructions re Notice of Availability of Mag Judge upon defts (former empl)
 3 Filed: 9/15/2000, Entered: 9/18/2000 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Horan & Company on 9/14/00 by leaving with Dean Horan, owner and agent (lam)
 4 Filed: 9/15/2000, Entered: 9/18/2000 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Dean Horan on 9/14/00 (lam)
 5 Filed: 11/13/2000, Entered: 11/14/2000 Motion for Entry of Default
MOTION by plaintiff Appraisal Institute for entry of default against Dean Horan, Horan & Company (lam) Modified on 11/14/2000
 6 Filed: 11/14/2000, Entered: 11/15/2000 Clerk's Entry of Default
Notice of DEFAULT ENTERED against defendants Dean Horan, Horan & Company [5-1] (cc: all counsel) (lam)
 7 Filed: 1/17/2001, Entered: 1/19/2001 Order to Show Cause Court Filing
ORDER TO SHOW CAUSE: by Judge Wiley Y. Daniel returnable 2/2/01 by pla why this action should not be dismissed for failure to prosecute (cc: all counsel) (lam)
 8 Filed: 2/1/2001, Entered: 2/4/2001, Terminated: 4/5/2001 Motion for Default Judgment
MOTION by plaintiff Appraisal Institute for default judgment, req for injunctive relief & atty fees , and for and evidentiary hearing (incorporating authority) (lam)
 9 Filed: 2/1/2001, Entered: 2/4/2001 Response to Order to Show Cause
Response to ORDER to show cause by plaintiff Appraisal Institute [7-1] (lam)
 10 Filed: 4/5/2001, Entered: 4/10/2001 Order Court Filing
ORDER by Judge Wiley Y. Daniel setting hearing on motion for default judgment, req for injunctive relief & atty fees [8-1] 3:30 4/23/01, granting motion for and evidentiary hearing [8-2] Pla to file brief by 4-13-01 in support of req for injunctive relief. Pla to file stmt of monatary damages by 4-13-01. Pla to file brief in support of atty fees by 4-13-01 (cc: all counsel) ; entry date : 4/10/01 (erv)
 11 Filed: 4/13/2001, Entered: 4/16/2001 Notice (Other)
Withdrawal (NOTICE) by plaintiff Appraisal Institute of req for monetary damages re: order [10-1] (lam)
 12 Filed: 4/13/2001, Entered: 4/17/2001 Brief in Support of Motion
BRIEF by plaintiff Appraisal Institute supporting req for atty's fees [8-1] (lam)
 13 Filed: 4/13/2001, Entered: 4/18/2001 Brief in Support of Motion
BRIEF by plaintiff Appraisal Institute in support of motion req for injunctive relief & atty fees [8-1] (erv)
 14 Filed: 4/16/2001, Entered: 4/18/2001 Affidavit
Submission of original AFFIDAVIT of Joanne Ludovici-Lint to replace copy filed (as Exhibit 3 to pla's brief supporting req for atty's fees [12-1]) (lam)
 15 Filed: 4/20/2001, Entered: 4/24/2001 Supplement/Amendment
SUPPLEMENT by Pla Appraisal Institute to affidavit [14-1] (erv)
 16 Filed: 4/23/2001, Entered: 4/25/2001 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES (Hearing on Motion for Default Judgment) by Judge Wiley Y. Daniel: granting pla's motion for default judgment, req for injunctive relief & atty fees [8-1]; the amount of the atty's fees shall be determined by the court, a written order will issue ; entry date : 4/25/01 Court Reporter: Kara Spitler (lam)
 17 Filed: 4/27/2001, Entered: 5/1/2001, Terminated: 5/1/2001 Motion for Extension of Time
MOTION by Pla Appraisal Institute for additional time to Supplement the evidence submitted in camera at the 4-23-01 hrg and submission of Supplemental authority (Supporting its Request for Attorney's Fees and Costs) (erv)
 18 Filed: 5/1/2001, Entered: 5/3/2001 Order Court Filing
MINUTE ORDER : by Judge Wiley Y. Daniel granting motion for additional time to Supplement the evidence submitted in camera at the 4-23-01 hrg and submission of Supplemental authority [17-1], and ORDERED pltf to submit itemzied billing statemetns for April by 5/11/01 and provide statement of specific amount of additional fees and costs pltf is seeking: regarding [16-1] minutes (cc: all counsel) ; entry date : 5/3/01 (former empl)
 20 Filed: 5/10/2001, Entered: 5/16/2001 Order Court Filing
ORDER by Judge Wiley Y. Daniel granting motion for default judgment, req for injunctive relief & atty fees [8-1] for Default judgment against Dfts It is Further Ordered that the Dfts shall deliver up to csl for Pla for destruction, within 30 days of entry of final jgm herein, any and all advertising,promotional, and educational, or any other materials in their possession or control that bears any designation in violation of the injunction,It is further ordered that Pla shall be awarded attorney's fees in the amt of $8,226.25 for work completed on Pla's behalf by the law firm of Reinhart,Boerner,Van Deuren,NOrris & Rieselbach,P.C., and in the amt of $21,096.00 for work completed onthe Pla's behalf by the law firm of mcdermott,Will & Emery, It is Further Ordered that Pla shall file a bill of costs with the clerk of the ct by 5/14/01. The bill of costs shall be supported by any necessary affidavits, receipts, billing statements, or other documentation on the cost incurred inprosecuting this action. dismissing case (cc: all counsel) entry date : 5/16/01 (erv)
 19 Filed: 5/11/2001, Entered: 5/15/2001 Trial Exhibit
Notice of In Camera submission pursuant to the Minute Order of 4/30/01 [18-1] of supplmental EXHIBITS by plaintiff Appraisal Institute supporting pla's req for atty fees & costs & state of the amt of addl fees & costs being requested regarding [16-1] (lam)
 22 Filed: 5/14/2001, Entered: 5/16/2001 Statement
STATEMENT by plaintiff Appraisal Institute of proposed Bill of costs (erv)
 21 Filed: 5/16/2001, Entered: 5/16/2001 Certificate of Mailing
Amended CERTIFICATE OF MAILING BY CLERK OF COURT OF order [20-3] (erv)
 23 Filed: 5/18/2001, Entered: 5/21/2001 Motion to Amend/Correct/Modify
MOTION by Pla Apprasial Institute to amend 5/10/01 order [20-3] and corrected stmt of the amt of additional atty fees requested (erv)
 24 Filed: 5/22/2001, Entered: 5/24/2001 Order Court Filing
ORDER by Judge Wiley Y. Daniel: granting pla's motion to amend 5/10/01 order and corrected statment of the amt of addl attys' fees requested [20-3] [23-1]; that the fee amounts awarded through the 5/10/01 order shall be vacated, all other aspects of that order shall stand [20-3]; and pla shall be awarded attys' fees in the amount of $12,276.25 for work completed on pla's behalf by the law firm of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, P.C., and the amount of $24,408.79 for work completed on the pla's behalf by the law firm of McDermott, Will & Emery (cc: all counsel) ; entry date : 5/24/01 (lam)
 25 Filed: 5/23/2001, Entered: 5/24/2001 Default Judgment Court Filing
AMENDED DEFAULT JUDGMENT by James R. Manspeaker, Clerk, approved as to form by Judge Daniel and purs to Judge Daniel's [24-1] Order: that judgment is entered in favor of pla, Appraisal Institute, and against dfts, Dean Horan and Horan & Company; that the dfts and their employees, agents, etc. are permanently enjoined and restrained from using the SRA designation as set forth in this Amended Default Judgment; that the dfts shall deliver to pla's csl for destruction, any materials in their possession or control that bears any designation in violation of the injunction; that pla shall be awarded attys' fees in the amt of $12,276.25 for work completed on pla's behalf by the law firm of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, P.C., and in the amount of $24,408.79 for work completed on the pla's behalf by the law firm of McDermott, Will & Emery [32-1]; that post-judgment interest shall accrue on the total amount of $36,685.04 at the legal rate of 3.76% per annum from the date of entry of the Order and Default Judgment; and pla shall have its costs by filing of a bill of costs w/the clerk by 5/14/01 (per the Order and Default Judgment entered 5/16/01) (cc: all counsel); entry date : 5/24/01 (lam) Modified on 05/24/2001
 27 Filed: 5/29/2001, Entered: 6/4/2001 Costs Taxed
Bill of COSTS taxed judgment [25-1] for plaintiff Appraisal Institute in the amount of $ 2,936.84 against defendant Dean Horan, defendant Horan & Company (cc: all counsel) (erv)
 26 Filed: 5/30/2001, Entered: 6/1/2001 Costs Taxed
Bill of COSTS taxed judgment [25-1] for plaintiff Appraisal Institute in the amount of $ 389.35 against defendant (cc: all counsel) (erv)

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