Centennial Fence Supply Company, LLC v. Toolguy.com
1:23-cv-02825
| D. Colo. | May 13, 2025Background
- Centennial Fence Supply Company LLC sued Toolguy.com, DrillBitWarehouse.com, Michael Aken, Alexander Aken, and John Does 1-10, alleging trademark infringement under the Lanham Act related to the “Puljak” mark.
- Defendants moved to dismiss, arguing lack of personal jurisdiction, improper venue, and failure to state a claim.
- The case was stayed pending resolution of the motion to dismiss, with limited discovery allowed only for domain registrar information.
- Centennial requested leave to conduct jurisdictional discovery, seeking information on Defendants’ sales, especially in Colorado, to support or refute jurisdiction.
- Defendants opposed the motion, citing the stay order, lack of conferral, and overbreadth/irrelevance of the requested discovery.
- The court reviewed the parties’ briefs and granted Centennial’s motion for limited, focused jurisdictional discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Stay Order Precludes Discovery | Stay order doesn’t bar jurisdictional discovery | Stay order prevents jurisdictional discovery | Stay order does not preclude jurisdictional discovery |
| Jurisdictional Conferral | Conferral attempted, sufficient under rules | Plaintiff did not properly confer | Conferral attempt was adequate given the circumstances |
| Basis for Jurisdictional Discovery | Sufficient factual basis for limited discovery | No adequate justification for discovery | Factual predicate sufficient for limited discovery |
| Scope of Discovery | Narrowed request to specific sales information | Request is overbroad/improper | Limited discovery granted, within 5 years before filing |
Key Cases Cited
- Sizova v. Nat’l Inst. of Standards & Tech., 282 F.3d 1320 (10th Cir. 2002) (prejudice occurs when relevant jurisdictional facts are controverted or can't be shown without discovery)
- Grynberg v. Ivanhoe Energy, Inc., 490 F. App’x 86 (10th Cir. 2012) (both sides should get discovery on factual issues raised by a jurisdictional motion)
- Dental Dynamics, LLC v. Jolly Dental Grp., LLC, 946 F.3d 1223 (10th Cir. 2020) (district courts have broad discretion in shaping discovery, including as to jurisdiction)
- Shrader v. Biddinger, 633 F.3d 1235 (10th Cir. 2011) (general jurisdiction requires commercial activity approaching physical presence)