Brinkerhoff Companies LLC v. Caldero LLC et al

Filing 10

Temporary Restraining ORDER granting #3 Motion for TRO Telephone Motion Hearing set for 3/19/2025 02:00 PM in Room 323 (Grand Junction) before District Judge Gordon P Gallagher. by District Judge Gordon P Gallagher on 3/12/2025.(gpglc4, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Gordon P. Gallagher
Civil Action No. 25-cv-00795-GPG-CYC
BRINKERHOFF COMPANIES LLC, a Colorado limited liability company,
Plaintiff(s),
v.
CALDERO LLC, a Colorado limited liability company, and
RENÉE BRINKERHOFF, an individual,
Defendants.
TEMPORARY RESTRAINING ORDER
Before the Court is the Ex Parte Motion for Temporary Restraining Order (D. 3). The
Court GRANTS the motion. The Court finds that specific facts in an affidavit clearly show that
immediate and irreparable injury, loss, or damage will result to the Plaintiff before Defendants can
be heard in opposition (D. 1-2; D. 1-5); and the movant's attorney certifies in writing its efforts
made to give notice to Defendants (D. 3 at 1). See Fed. R. Civ. P. 65(b)(1). A further written
order will issue at a later date.
It is ORDERED, pursuant to Fed. R. Civ. P. 65(b)(1), that:
•

Caldero LLC, as well as its owners, officers, employees, agents, servants and
attorneys; Renée Brinkerhoff; and those acting in active concert with Defendants
are temporarily ENJOINED from using the “LA LOMA” mark or any trademark,
service mark, trade name, or logo that is confusingly similar to “LA LOMA” in the
State of Colorado.

1

•

Caldero LLC, as well as its owners, officers, employees, agents, servants and
attorneys; Renée Brinkerhoff; and those acting in active concert with Defendants
are temporarily ENJOINED from causing a likelihood of confusion or
misunderstanding as to their affiliation, connection, or association with Plaintiff or
with any of the products and services offered by Plaintiff within the State of
Colorado.

•

This Order binds only those with actual notice of it.

•

No bond shall be required under Fed. R. Civ. P. 65(c).

•

Subject to further orders by this Court, this Temporary Restraining Order shall
expire on March 26, 2025, at 1:30 p.m.

It is FURTHER ORDERED that:
•

The parties shall appear before this Court for a telephone preliminary injunction
hearing on March 19, 2025, at 2:00 p.m. The parties are to contact Courtroom
Deputy Donald Clement at [e-mail] for further
assistance with the VTC.

•

Defendants shall file any response papers on or before March 17, 2025.

•

Plaintiff shall file any reply papers on or before March 18, 2025.

•

Prior to the Preliminary Injunction hearing, Defendants may move to vacate or
modify the temporary restraining order on two business days’ notice to Plaintiff.

•

That Plaintiff shall effectuate service of this Order upon Defendants on or before
March 14, 2024.

•

That Plaintiff shall file proof of service with this Court by March 14, 2025.
2

DATED March 12, 2025.
BY THE COURT:

Gordon P. Gallagher
United States District Judge

3