Case number 1:20-cv-06677
KTM AG v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 8, 2022 | 240 | terminated case (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: On 5/23/2022, the court granted defendant Newlucky_US's motion to dismiss and vacate default judgment because plaintiff had presented no evidence that this court had either general or specific personal jurisdiction over Newlucky_US and because plaintiff failed to establish that it served defendant Newlucky_US with relevant filings. [237]. The court ordered the parties to meet and confer and file a joint status report by 6/30/2022 informing the court of how they intended to proceed with this action. The parties were unable to agree on a joint status report and submitted separate status reports. [238]; [239]. Both status reports agree that all issues in this matter related to defendant Newlucky_US were resolved by the court's prior order and that this case should be closed. However, plaintiff states that the court's prior order "resolves this matter with prejudice," whereas Newlucky_US asks the court to dismiss it from this case without prejudice so that it can pursue damages against plaintiff in a separate action. Ordinarily, dismissals for lack of personal jurisdiction and improper service are without prejudice. See Fed. R. Civ. P. 4(m); Sikhs for Justice v. Badal, 736 F.3d 743, 751 (7th Cir. 2013). Accordingly, the claims against defendant Newlucky_US are dismissed without prejudice. Final judgment will enter. Civil case terminated. (rao, ) |
| Jul 8, 2022 | 241 | entered judgment (2) Docket Text: ENTERED JUDGMENT Signed by the Honorable Martha M. Pacold on 7/8/2022: (rao, ) |
| Jun 30, 2022 | 238 | status report (2) Docket Text: STATUS Report by KTM AG (Hierl, Michael) |
| Jun 30, 2022 | 239 | status report (2) Docket Text: STATUS Report by newlucky_us (Rao, Weisun) |
| May 23, 2022 | 237 | order on motion to dismiss (1) Docket Text: ORDER: Defendant Newlucky_US's motion to dismiss and vacate default judgment [230] is granted. "The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b)." Fed. R. Civ. P. 55(c). "Under Federal Rule of Civil Procedure 60(b), a final judgment must be set aside if the court lacked personal jurisdiction." Trade Well Int'l v. United Central Bank, 825 F.3d 854, 859 (7th Cir. 2016). "A judgment is also void as to any party who was not adequately served." Id. (internal citations and quotations omitted). First, plaintiff has not established that this court has personal jurisdiction over Newlucky_US. Newlucky_US attached a sworn affidavit attesting that it has never made a sale in the state of Illinois. The only evidence to the contrary plaintiff presents is a screenshot of what appears to be an uncompleted sale to an Illinois shipping address, and it is unclear if plaintiff took the screenshot itself after attempting to purchase an item from Newlucky_US and ship it to an Illinois address. Plaintiff presents no other evidence establishing that this court has either general or specific personal jurisdiction over Newlucky_US. Second, although this court authorized electronic service of process over the defendants in this action, [24], Newlucky_US avers that it was never served with a copy of the complaint or plaintiff's motion for default and default judgment. Plaintiff attaches an affidavit from its attorney stating that its attorney sent emails containing relevant filings and orders to "the email addresses identified in Exhibit 1 to the Declaration of Hubert Trunkenpolz and Viktor Sigl and any email addresses provided for Defendants by third parties that include a link to said website." But plaintiff presents no evidence that one of these emails belonged to Newlucky_US or was associated with the account or that plaintiff otherwise served Newlucky_US with the relevant filings. Accordingly, the entry of default and default judgment is vacated as to defendant Newlucky_US only. Plaintiff is directed promptly to release funds restricted by this court's previous orders to Newlucky_US. Plaintiff is also ordered to return any funds recovered from Newlucky_US as a result of the default judgment by 6/9/2022. This case is reopened. Plaintiff and defendant Newlucky_US are directed to meet and confer and file a joint status report by 6/30/2022 informing the court of how they intend to proceed with this action. Signed by the Honorable Martha M. Pacold on 5/23/2022. Mailed notice (lxk, ) |
| May 9, 2022 | 236 | Main Document (16) Docket Text: REPLY by newlucky_us to Response, [234] Defendant's Reply in Support of Motion to Dismiss and to Vacate Default Judgement (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Rao, Weisun) |
| May 9, 2022 | 236 | Exhibit A (3) |
| May 9, 2022 | 236 | Exhibit B (2) |
| May 9, 2022 | 236 | Exhibit C (2) |
| May 9, 2022 | 236 | Exhibit D (9) |
| May 9, 2022 | 236 | Exhibit E (5) |
| May 9, 2022 | 236 | Exhibit F (2) |
| May 9, 2022 | 236 | Exhibit G (2) |
| May 4, 2022 | 235 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Kalbac, William) |
| May 2, 2022 | 234 | Main Document (12) Docket Text: RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendant's Motion to Dismiss and Vacate Default Judgment (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D)(Kalbac, William) |
| May 2, 2022 | 234 | Exhibit Exhibit A (16) |
| May 2, 2022 | 234 | Exhibit Exhibit B (8) |
| May 2, 2022 | 234 | Exhibit Exhibit C (2) |
| May 2, 2022 | 234 | Exhibit Exhibit D (1) |
| Apr 26, 2022 | 233 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Apr 22, 2022 | 232 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Apr 18, 2022 | 231 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant newlucky_us has filed a motion to vacate. [230]. Any future filings should be in Times New Roman 12-point font, double spaced. Plaintiff's response to defendant's motion to vacate [230] is due by 5/2/2022. Defendant's reply is due by 5/9/2022. (rao, ) |
| Apr 15, 2022 | 229 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant newlucky_us by Weisun Rao (Rao, Weisun) |
| Apr 15, 2022 | 230 | Main Document (8) Docket Text: MOTION by Defendant newlucky_us to dismiss , MOTION by Defendant newlucky_us to vacate default judgment (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Rao, Weisun) |
| Apr 15, 2022 | 230 | Exhibit A (3) |
| Apr 15, 2022 | 230 | Exhibit B (2) |
| Mar 28, 2022 | 228 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Mar 14, 2022 | 227 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Mar 9, 2022 | 226 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Mar 7, 2022 | 225 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Feb 22, 2022 | 224 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Feb 18, 2022 | 223 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Jan 25, 2022 | 222 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Jan 12, 2022 | 221 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Dec 17, 2021 | 220 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Dec 14, 2021 | 219 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Dec 6, 2021 | 218 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Nov 8, 2021 | 217 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Oct 21, 2021 | 216 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Oct 1, 2021 | 215 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Sep 20, 2021 | 214 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Kalbac, William) |
| Sep 16, 2021 | 213 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Sep 7, 2021 | 212 | return (2) Docket Text: RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 8750. (exr, ) |
| Sep 2, 2021 | 211 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Aug 31, 2021 | 210 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant marsknight-uk by Weisun Rao (Rao, Weisun) |
| Aug 26, 2021 | 209 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Aug 24, 2021 | N/A | mailed (0) Docket Text: MAILED original ten-thousand-dollar ($10,000) surety bond posted by KTM AG to plaintiff's counsel, Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd., 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail #7019 2280 0000 0962 8750. (exr, ) |
| Aug 24, 2021 | 205 | order on motion for default judgment (1) Docket Text: ORDER: In the court's 7/28/2021 minute entry, it gave all defendants until 8/6/2021 to object to plaintiff's motion for entry of default and default judgment [190]. See [193]. The lone defendant that objected, Racingboy8261, was dismissed with prejudice. See [202]. No other defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment [190]. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No current defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of Court to plaintiff's counsel, Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd., via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. (exr, ) |
| Aug 24, 2021 | 206 | order (13) Docket Text: FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. (exr, ) |
| Aug 24, 2021 | 207 | Patent/Trademark report (21) Docket Text: MAILED trademark report along with a certified copy of the final judgment order to Patent Trademark Office, Alexandria VA (exr, ) |
| Aug 24, 2021 | 208 | order (1) Docket Text: ORDER: The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of Court to plaintiff's counsel, Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd., 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. (exr, ) |
| Aug 20, 2021 | 201 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court, on its own, extends Racingboy8261's deadline to respond to plaintiff's complaint to 8/26/2021. This is a final extension. (rao, ) |
| Aug 20, 2021 | 202 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Aug 20, 2021 | 203 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 21 motor-pro and No. 95 racingboy8261 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [202] filed by plaintiff on 8/20/21. motor-pro and racingboy8261 terminated. (rao, ) |
| Aug 20, 2021 | 204 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit a new proposed default judgment order, which reflects the dismissals at [196], [200], [203], (along with all other prior dismissals), to this court's proposed order inbox by 8/23/2021. (rao, ) |
| Aug 13, 2021 | 199 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 233 (Hierl, Michael) |
| Aug 13, 2021 | 200 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 233 monton4shop is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [199] filed by Plaintiff on 8/13/2021. monton4shop terminated. (rao, ) |
| Aug 11, 2021 | 198 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant Racingboy8261's motion for extension of time to answer or otherwise plead [197] is granted. Racingboy8261 shall answer or otherwise respond to the complaint by 8/16/2021. Mailed notice (ber, ) |
| Aug 6, 2021 | 197 | Main Document (3) Docket Text: MOTION by Defendant racingboy8261 for extension of time to file answer regarding complaint[1] (Attachments: # (1) Exhibit A - Racingboy8261 listing)(Russell, Erin) |
| Aug 6, 2021 | 197 | Exhibit A - Racingboy8261 listing (19) |
| Aug 3, 2021 | 195 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Aug 3, 2021 | 196 | order (1) Docket Text: ORDER Defendants No. 99 Racingparts16; No. 125 Motor-US; and No. 136 Niree are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [195] filed by Plaintiff on 8/3/2021. Signed by the Honorable Martha M. Pacold on 8/3/2021: Mailed notice (ec, ) |
| Aug 2, 2021 | 194 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant racingboy8261 by Erin Kathryn Russell (Russell, Erin) |
| Jul 28, 2021 | 193 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [190] must enter an appearance and file a written objection by 8/6/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jul 27, 2021 | 189 | declaration (3) Docket Text: DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Jul 27, 2021 | 190 | motion for default judgment (2) Docket Text: MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A (Hierl, Michael) |
| Jul 27, 2021 | 191 | Main Document (15) Docket Text: MEMORANDUM by KTM AG in support of motion for default judgment[190] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Jul 27, 2021 | 191 | Exhibit 1 (117) |
| Jul 27, 2021 | 191 | Exhibit 2 (28) |
| Jul 27, 2021 | 192 | Main Document (3) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[190] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Jul 27, 2021 | 192 | Exhibit Hierl Exhibit 1 (84) |
| Jun 30, 2021 | 187 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Jun 30, 2021 | 188 | order (1) Docket Text: ORDER Defendants No. 108 luckmart and No. 215 letiteasy are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [187] filed by Plaintiff on 6/30/2021. Signed by the Honorable Martha M. Pacold on 6/30/2021: Mailed notice (ec, ) |
| Jun 17, 2021 | 186 | order (1) Docket Text: ORDER Defendants No. 37 nawensonparts; No. 132 Nawenson racing; No. 179 Sinkees; and No. 190 TOPMOUNT are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [185] filed by Plaintiff on 6/16/2021. Signed by the Honorable Martha M. Pacold on 6/17/2021: 6/17/2021 notice (ec, ) |
| Jun 16, 2021 | 185 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Jun 7, 2021 | 184 | order (1) Docket Text: ORDER Defendants No. 137 nordlichter and No. 140 OUMURS MOTORPARTS are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [182] filed by Plaintiff on 5/27/2021. Defendants No. 4 moto-car; No. 17 motocycle-world; No. 25 moto-speedy; No. 28 mototalk2011; No. 60 orange_tec; No. 72 popmotorcycle; No. 73 posbay2008; No. 81 princessbba; No. 82 pro_stickers2015; No. 83 pro-car-parts19; No. 85 pro-kodaskin; No. 93 racer_moto; No. 97 racing-knightmotor; No. 164 RockMute are hereby dismissed with prejudice pursuant to the Notice of Voluntary Dismissal [183] filed by Plaintiff on 6/4/2021. Signed by the Honorable Martha M. Pacold on 6/7/2021: Mailed notice (ec, ) |
| Jun 4, 2021 | 183 | notice of voluntary dismissal (3) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| May 27, 2021 | 182 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| May 20, 2021 | 179 | certificate of service (3) Docket Text: CERTIFICATE of Service by Robert Payton Mcmurray on behalf of KTM AG (Mcmurray, Robert) |
| May 20, 2021 | 180 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| May 20, 2021 | 181 | order (1) Docket Text: ORDER Defendants No. 118 Motokano; No. 193 TORUN TECH; No. 235 motofairing; No. 237 motogp888; and No. 241 myhongkong are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [180] filed by Plaintiff on 5/20/2021. Signed by the Honorable Martha M. Pacold on 5/20/2021: Mailed notice (ec, ) |
| May 19, 2021 | 178 | order on motion to enforce (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants PACASK, Remaiw moto, and TESWNE's motion to enforce the agreed settlement between plaintiff and defendants [177] is granted in part. The court directs plaintiff's counsel to promptly serve a copy of this court's 3/30/2021 order dismissing PACASK, Remaiw moto, and TESWNE with prejudice, see [162], on Amazon and to file a certificate of service on the docket. (rao, ) |
| May 15, 2021 | 177 | motion to enforce (3) Docket Text: MOTION by Defendants PACASK, Remaiw moto, TESWNE to enforce settlement agreement (Ju, Tianyu) |
| May 6, 2021 | 175 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| May 6, 2021 | 176 | order (1) Docket Text: ORDER Defendants No. 101 LIJINC; No. 115 MNBHD; and No. 153 PUHEB are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [175] filed by Plaintiff on 5/6/2021. Signed by the Honorable Martha M. Pacold on 5/6/2021: Mailed notice (ec, ) |
| May 4, 2021 | 173 | motion to withdraw (2) Docket Text: MOTION by Defendant MOTOKU to withdraw motion to compel[172] (Russell, Erin) |
| May 4, 2021 | 174 | order on motion to compel (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant MOTOKU's motion to withdraw motion to compel [173] is granted. Defendant MOTOKU's motion to compel [172] is withdrawn. (rao, ) |
| May 3, 2021 | 172 | motion to compel (4) Docket Text: MOTION by Defendant MOTOKU to compel Plaintiff to Provide to Amazon the Order Dismissing MOTOKU and vacating the Agreed Asset Restraint Order (Russell, Erin) |
| Apr 15, 2021 | 171 | order on motion to dismiss (1) Docket Text: ORDER Defendants No. 56 onlinetown2016; No. 178 shunyang_led; No. 194 Triumilynn; and No. 195 TT-OUTDO are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Stipulation of Voluntary Dismissal [170] filed by Plaintiff on 4/13/2021. Defendant Triumilynn's motion to dismiss [145] is denied as moot. Signed by the Honorable Martha M. Pacold on 4/15/2021: Mailed notice (ec, ) |
| Apr 13, 2021 | 170 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Apr 12, 2021 | 168 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate (Hierl, Michael) |
| Apr 12, 2021 | 169 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 174 shangzun is hereby dismissed without prejudice with leave to reinstate on or before 6/11/2021. In the event a motion to reinstate is not filed on or before 6/11/2021, the case shall be deemed, without further order of the Court, to be dismissed with prejudice against Defendant No. 174 shangzun. Defendant shangzun's motion to dismiss [138] is denied as moot. Each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal with leave to reinstate [168] filed by plaintiff on 4/12/2021. Shang Zun terminated. (rao, ) |
| Apr 6, 2021 | 167 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray (Mcmurray, Robert) |
| Apr 5, 2021 | 165 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal of Defendant No. 103 (Hierl, Michael) |
| Apr 5, 2021 | 166 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 103 LONGWEI1 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [165] filed by Plaintiff on 4/5/2021. LONGWEI1 terminated. (rao, ) |
| Mar 31, 2021 | 164 | notice of correction (1) Docket Text: NOTICE of Correction regarding Patent/Trademark report [163]. (rc, ) |
| Mar 30, 2021 | 161 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for extension of time to respond to Defendant Shang Zun's motion to dismiss [160] is granted. Plaintiff's response to Defendant Shang Zun's motion to dismiss [138] is due by 4/12/2021. Defendant's reply is due by 4/26/2021. (rao, ) |
| Mar 30, 2021 | 162 | order (1) Docket Text: ORDER: Defendants No. 142 PACASK, No. 160 Remaiw moto, and No. 188 TESWNE are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Stipulation of Voluntary Dismissal [159] filed by Plaintiff on 3/29/2021. Signed by the Honorable Martha M. Pacold on 3/30/2021: Mailed notice (rc, ) |
| Mar 30, 2021 | 163 | Patent/Trademark report (2) Docket Text: Entered in Error. (rc, ) Modified on 3/31/2021 (rc, ). |
| Mar 29, 2021 | 157 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Defendant No. 119 (Hierl, Michael) |
| Mar 29, 2021 | 158 | order on motion to dismiss/lack of jurisdiction (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 119 MOTOKU is hereby dismissed without prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [157] filed by Plaintiff on 3/29/2021. Defendant MOTOKU's motion to dismiss [95] is denied as moot. The Agreed Asset Restraint Order entered on 2/19/2021 [117] is vacated. MOTOKU terminated. (rao, ) |
| Mar 29, 2021 | 159 | stipulation of dismissal (2) Docket Text: STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice (Hierl, Michael) |
| Mar 29, 2021 | 160 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Hierl, Michael) |
| Mar 22, 2021 | 155 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate (Hierl, Michael) |
| Mar 22, 2021 | 156 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: ORDER Defendants No. 1 morriscarcam; No. 14 motorbrand18; and No. 69 placeholder_19 are hereby dismissed without prejudice with leave to reinstate on or before 5/21/2021, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal With Leave to Reinstate [155] filed by Plaintiff on 3/22/2021. In the event a motion to reinstate is not filed on or before 5/21/2021, the case shall be deemed, without further order of the Court, to be dismissed with prejudice against Defendants No. 1 morriscarcam; No. 14 motorbrand18, and No. 69 placeholder_19. The motions to dismiss filed by Defendants No. 1 morriscarcam [88], No. 14 motorbrand18 [89], and No. 69 placeholder_19 [90] are denied as moot. Signed by the Honorable Martha M. Pacold on 3/22/2021: Mailed notice (ec, ) |
| Mar 19, 2021 | 153 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 19, 2021 | 154 | order (1) Docket Text: ORDER: Defendants No. 109 Luixxuer and No. 122 Motorgogo are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [153] filed by Plaintiff on 3/19/2021. Signed by the Honorable Martha M. Pacold on 3/19/2021. Mailed notice (nsf, ) |
| Mar 18, 2021 | 152 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's response to Defendant Triumilynn's motion to dismiss [145] is due by 4/12/2021. Defendant's reply is due by 4/26/2021. (rao, ) |
| Mar 17, 2021 | N/A | order on motion for extension of time (0) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's second motion for extension of time to respond to Defendant MOTOKU's motion to dismiss [147] is granted. Plaintiff's response to Defendant MOTOKU's motion to dismiss [95] is due by 3/30/2021. Defendant's reply is due by 4/6/2021.(rao, ) |
| Mar 17, 2021 | 150 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time Plaintiff's Amended Second Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Hierl, Michael) |
| Mar 17, 2021 | 151 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's amended second motion for extension of time to respond to Defendant MOTOKU's motion to dismiss [150] is granted. Plaintiff's response to Defendant MOTOKU's motion to dismiss [95] is due by 3/30/2021. Defendant's reply is due by 4/6/2021. (rao, ) |
| Mar 16, 2021 | 146 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 16, 2021 | 147 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time Plaintiff's Second Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Hierl, Michael) |
| Mar 16, 2021 | 148 | order (1) Docket Text: ORDER Defendants No. 13 motoradiator; No. 19 motorparts-mall; and No. 100 radiatorfactory are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [146] filed by Plaintiff on 3/16/2021. Signed by the Honorable Martha M. Pacold on 3/16/2021: Mailed notice (ec, ) |
| Mar 13, 2021 | 145 | Main Document (9) Docket Text: MOTION by Defendant Triumilynn to dismiss (Attachments: # (1) Declaration of Edward Chen, # (2) Declaration Yongjun Xu)(Chen, Edward) |
| Mar 13, 2021 | 145 | Declaration of Edward Chen (11) |
| Mar 13, 2021 | 145 | Declaration Yongjun Xu (1) |
| Mar 12, 2021 | 143 | notice of voluntary dismissal (3) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 12, 2021 | 144 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: ORDER Defendants No. 8 motomart11; No. 12 motopros; No. 47 nice2boy; No. 106 LQMY; No. 131 NAVARMETools&Parts; No. 133 NCTHSTORE; No. 135 NiceCNC; No. 141 outdoorpowerequipment; No. 150 PRO BAT; and No. 220 lovehat are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [143] filed by Plaintiff on 3/12/2021. Defendants No. 47 nice2boy and No. 135 NiceCNC's motion to dismiss [66] is denied as moot. Signed by the Honorable Martha M. Pacold on 3/12/2021: Mailed notice (ec, ) |
| Mar 5, 2021 | 142 | status report (3) Docket Text: STATUS Report Joint Status Report by KTM AG (Hierl, Michael) |
| Mar 2, 2021 | 139 | terminate motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report and agreed motion to extend briefing schedule [129] filed by plaintiff and Defendant MOTOKU. The joint motion to extend briefing schedule [129] is granted. Plaintiff's response to Defendant MOTOKU's motion to dismiss [95] is due 3/16/2021; Defendant MOTOKU's reply is due 3/23/2021. (rao, ) |
| Mar 2, 2021 | 140 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff separately filed motions for extension of time to respond to the motions to dismiss for failure to state a claim filed by Defendants morriscarcam [88], motorbrand18 [89], and placeorder_19 [90]. See [135], [136], [137]. The motions for extension of time [135], [136], [137] are granted. Plaintiff's separate response briefs to each motion are due 3/22/2021. Defendants' separate reply briefs are due 4/5/2021. (rao, ) |
| Mar 2, 2021 | 141 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Pursuant to the joint briefing schedule proposed by the parties, Plaintiff's response to the motion to dismiss filed by Defendant Shang Zun [138] is due by 3/29/2021. Defendant's reply is due by 4/19/2021. (rao, ) |
| Mar 1, 2021 | 134 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The motion to dismiss [133] and notice of motion [132] filed by Defendant Shang Zun is stricken for failure to comply with this court's standing order and rules governing motion practice. Pursuant to the court's motion procedures, which are available on the court's website, "litigants are neither required nor permitted to notice motions for in-person presentment." Instead, "[m]otions shall be filed on the docket and must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." If defendant wishes to renew its motion to dismiss, it must refile it on the docket in a manner that complies with this court's orders, including by stating whether the motion is opposed and, if it is opposed, by conferring with the non-movant and submitting a joint proposed briefing schedule on the motion. Again, defendants are reminded that they are "no[t] permitted" to notice motions for presentment at this time. (rao, ) |
| Mar 1, 2021 | 135 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time to Respond to Defendant's Motion to Dismiss [Dkt. No. 88] (Hierl, Michael) |
| Mar 1, 2021 | 136 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time to Respond to Defendant's Motion to Dismiss [Dkt. No. 89] (Hierl, Michael) |
| Mar 1, 2021 | 137 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time to Respond to Defendant's Motion to Dismiss [Dkt. No. 90] (Hierl, Michael) |
| Mar 1, 2021 | 138 | Main Document (3) Docket Text: MOTION by Defendant Shang Zun to dismiss (Attachments: # (1) Memorandum of law, # (2) Declaration Attorney Declaration, # (3) Declaration Client Declaration, # (4) Exhibit)(Tung, Kevin) |
| Mar 1, 2021 | 138 | Memorandum of law (16) |
| Mar 1, 2021 | 138 | Declaration Attorney Declaration (3) |
| Mar 1, 2021 | 138 | Declaration Client Declaration (5) |
| Mar 1, 2021 | 138 | Exhibit (60) |
| Feb 28, 2021 | 132 | notice of motion (2) Docket Text: NOTICE of Motion by Kevin K. Tung for presentment of before Honorable Martha M. Pacold on 3/4/2021 at 09:30 AM. (Tung, Kevin) |
| Feb 28, 2021 | 133 | Main Document (3) Docket Text: MOTION by Defendant Shang Zun to dismiss (Attachments: # (1) Memorandum of law, # (2) Declaration Attorney Declaration, # (3) Declaration Client Declaration, # (4) Exhibit)(Tung, Kevin) |
| Feb 28, 2021 | 133 | Memorandum of law (16) |
| Feb 28, 2021 | 133 | Declaration Attorney Declaration (3) |
| Feb 28, 2021 | 133 | Declaration Client Declaration (5) |
| Feb 28, 2021 | 133 | Exhibit (60) |
| Feb 26, 2021 | 129 | status report (3) Docket Text: STATUS Report Joint Status Report and Agreed Motion to Extend Briefing Schedule by KTM AG (Hierl, Michael) |
| Feb 26, 2021 | 130 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 26, 2021 | 131 | order (1) Docket Text: ORDER: Defendants No. 11 motopartsport; No. 18 motornice_ar; No. 67 permile77; No. 68 phrider_cmt; No 76 powermoto; No. 80 prepareforyou; No. 98 racingmtp; No. 120 MotoParty; No. 155 QiangShangQiang; and No. 185 Sunshine'Store are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [130] filed by Plaintiff on 2/26/2021. Signed by the Honorable Martha M. Pacold on 2/26/2021: Mailed notice (rc, ) |
| Feb 25, 2021 | 126 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: In light of Plaintiff's voluntary dismissal [124], [125], Defendant sunfany's motion to dismiss and lift the asset restraint [91] is denied as moot. (rao, ) |
| Feb 25, 2021 | 127 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 25, 2021 | 128 | order (1) Docket Text: ORDER: Defendants No. 144 PHYUN Auto Parts; No. 151 pslcustomerservice; No. 205 johnson2; No. 207 juntao1; No. 218 logossou; No. 239 motorists; and No. 244 nicecar1 are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [127] filed by Plaintiff on 2/25/2021. Signed by the Honorable Martha M. Pacold on 2/25/2021: Mailed notice (rc, ) |
| Feb 24, 2021 | 124 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 24, 2021 | 125 | order (1) Docket Text: ORDER: Defendants No. 62 panpan0018; No. 104 loonpon; No. 161 Reminnber; No. 173 S-Golden Silk; No. 184 sunfany; and No. 186 Sunonee are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [124] filed by Plaintiff on 2/24/2021. Signed by the Honorable Martha M. Pacold on 2/24/2021: Mailed notice (rc, ) |
| Feb 23, 2021 | 122 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 23, 2021 | 123 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 159 RASNONE is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [122] filed by Plaintiff on 2/23/2021. RASNONE terminated. (rao, ) |
| Feb 19, 2021 | 115 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant Triumilynn's motion for extension of time to file and serve responsive pleading [104] is granted. Defendant Triumilynn is given until 3/12/2021 to answer or otherwise plead to Plaintiff's complaint. (rao, ) |
| Feb 19, 2021 | 116 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Joint motion for entry of an agreed asset restraint order [113] is granted. The parties are requested to file a joint status report by 2/26/2021, informing the court whether the motion to dismiss by MOTOKU [95] is moot or remains on the current briefing schedule [109]. (rao, ) |
| Feb 19, 2021 | 117 | order (1) Docket Text: AGREED ASSET RESTRAINT ORDER Signed by the Honorable Martha M. Pacold on 2/19/2021:(rao, ) |
| Feb 19, 2021 | 118 | order on motion for extension of time to file response/reply (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for extension of time to respond to Defendants Nice2boy and NiceCNC's motion to dismiss [114] is granted. Plaintiff's response to Defendants Nice2boy and NiceCNC's motion to dismiss [66] is due by 3/4/2021. Defendants' reply brief is due by 3/18/2021. (rao, ) |
| Feb 19, 2021 | 119 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff and Defendants PACASK, Remaiw Moto, and TESWNE are directed to file a joint status report by 3/5/2021 proposing next steps for the case. (rao, ) |
| Feb 19, 2021 | 120 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 19, 2021 | 121 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 120 Topteng is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [120] filed by Plaintiff on 2/19/2021. Topteng terminated. (rao, ) |
| Feb 18, 2021 | 113 | motion for miscellaneous relief (2) Docket Text: MOTION by Defendant MOTOKU for Entry of An Agreed Asset Restraint Order (JOINT) (Russell, Erin) |
| Feb 18, 2021 | 114 | motion for extension of time to file response/reply (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time to file response/reply Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss (Hierl, Michael) |
| Feb 12, 2021 | 110 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 12, 2021 | 111 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant SANON Direct is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [110] filed by Plaintiff on 1/12/2021. SANON Direct terminated. (rao, ) |
| Feb 12, 2021 | 112 | answer to complaint (16) Docket Text: ANSWER to Complaint by PACASK, Remaiw moto, TESWNE(Ju, Tianyu) |
| Feb 11, 2021 | 107 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant Shang Zun's unopposed motion for an extension of time [100] is granted. Defendant is given until 2/28/2021 to answer or otherwise plead to plaintiff's complaint. (rao, ) |
| Feb 11, 2021 | 108 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received Defendant Triumilynn's motion for an extension of time [104]. The motion does not indicate whether it is opposed. The parties are directed to confer and advise the court by 2/15/2021 whether the motion is opposed. If it is opposed, the parties should submit an agreed briefing schedule to the court's proposed order inbox. (rao, ) |
| Feb 11, 2021 | 109 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Pursuant to the proposed briefing schedule submitted by Plaintiff and Defendant MOTOKU, Plaintiff's response to Defendant MOTOKU's motion to dismiss [95] is due by 3/2/2021 Defendant's reply is due by 3/9/2021. (rao, ) |
| Feb 10, 2021 | 103 | notice of voluntary dismissal (3) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 10, 2021 | 104 | Main Document (3) Docket Text: MOTION by Defendant Triumilynn for extension of time to file and serve responsive pleading(s) (Attachments: # (1) Declaration of Edward Chen)(Chen, Edward) |
| Feb 10, 2021 | 104 | Declaration of Edward Chen (2) |
| Feb 10, 2021 | 105 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Triumilynn by Edward Chen YK Law LLP (Chen, Edward) |
| Feb 10, 2021 | 106 | order (1) Docket Text: ORDER: Defendants No. 74 powace08; No. 75 powace1515; No. 78 powstar 28; No. 79 powstar 83; No. 112 MARY LET'S SING; No. 114 Mizucco c; No. 147 POWACE Inc.; No. 163 riuty-y; No. 166 Rudyness66; No. 204 joe_he; No. 210 kaimeila; No. 211 kang20208888; No. 212 kingjiestar; No. 216 linqi2008; No. 219 lovechina1975; No. 227 luxurybrandlogo23; No. 240 mycycling; No. 247 notecycling; and No. 250 ofoxxx; are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [103] filed by Plaintiff on 2/10/2021. Signed by the Honorable Martha M. Pacold on 2/10/2021: Mailed notice (rc, ) |
| Feb 9, 2021 | 101 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 9, 2021 | 102 | order (1) Docket Text: ORDER: Defendants No. 6 motofactory7788; No. 9 motomike01; No. 94 racer-club; No. 165 Rudear store; No. 196 TZMart; and No. 199 Ultra_Supplier are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [101] filed by Plaintiff on 2/9/2021. Signed by the Honorable Martha M. Pacold on 2/9/2021: Mailed notice (rc, ) |
| Feb 8, 2021 | 99 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Shang Zun by Kevin K. Tung (Tung, Kevin) |
| Feb 8, 2021 | 100 | motion for extension of time to file answer (3) Docket Text: MOTION by Defendant Shang Zun for extension of time to file answer regarding complaint[1] or otherwise plead (Tung, Kevin) |
| Feb 5, 2021 | 96 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant MOTOKU filed a motion to dismiss [95] for lack of personal jurisdiction and for failure to state a claim. The parties are directed to consult the court's motion procedures on the court's website, confer with each other, and submit by 2/9/2021 a joint proposed briefing schedule per the motion procedures (rao, ) |
| Feb 5, 2021 | 97 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 5, 2021 | 98 | order (1) Docket Text: ORDER: Defendants No. 121 motorcycle Brake Home, No. 180 Smad Powersportparts, and No. 181 TARAZON-Moto Parts Factory are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [97] filed by Plaintiff on 2/5/2021. Signed by the Honorable Martha M. Pacold on 2/5/2021: Mailed notice (rc, ) |
| Feb 3, 2021 | 95 | Main Document (14) Docket Text: MOTION by Defendant MOTOKU to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant MOTOKU (Attachments: # (1) Exhibit A - Zhang declaration)(Russell, Erin) |
| Feb 3, 2021 | 95 | Exhibit A - Zhang declaration (7) |
| Feb 2, 2021 | 92 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants Morriscarcam, motorbrand18, placeorder_19, and sunfany separately filed motions to dismiss for failure to state a claim. [88], [89], [90], [91]. Pursuant to the proposed briefing schedules submitted by the parties, Plaintiff's separate response briefs to each motion are due 3/1/2021. Defendants' separate reply briefs are due 3/22/2021. (rao, ) |
| Feb 2, 2021 | 93 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 2, 2021 | 94 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 189 TFRJNFG is hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [93] filed by Plaintiff on 2/2/2021. TFRJNFG terminated. (rao, ) |
| Jan 30, 2021 | 88 | Main Document (11) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant morriscarcam , MOTION by Defendant morriscarcam to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration Ye Ai Hua, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 88 | Exhibit A (13) |
| Jan 30, 2021 | 88 | Exhibit B (77) |
| Jan 30, 2021 | 88 | Declaration Ye Ai Hua (2) |
| Jan 30, 2021 | 88 | Errata Unreported Opinions (60) |
| Jan 30, 2021 | 89 | Main Document (11) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant motorbrand18 , MOTION by Defendant motorbrand18 to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Cai Ruidong, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 89 | Exhibit A (14) |
| Jan 30, 2021 | 89 | Exhibit B (77) |
| Jan 30, 2021 | 89 | Declaration of Cai Ruidong (2) |
| Jan 30, 2021 | 89 | Errata Unreported Opinions (60) |
| Jan 30, 2021 | 90 | Main Document (11) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant placeorder_19 , MOTION by Defendant placeorder_19 to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Liang Xiaoying, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 90 | Exhibit A (19) |
| Jan 30, 2021 | 90 | Exhibit B (77) |
| Jan 30, 2021 | 90 | Declaration of Liang Xiaoying (2) |
| Jan 30, 2021 | 90 | Errata Unreported Opinions (60) |
| Jan 30, 2021 | 91 | Main Document (15) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant sunfany , MOTION by Defendant sunfany to sever , MOTION by Defendant sunfany to Lift Asset Restraint (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Wu Tiansheng, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 91 | Exhibit A (2) |
| Jan 30, 2021 | 91 | Exhibit B (77) |
| Jan 30, 2021 | 91 | Declaration of Wu Tiansheng (5) |
| Jan 30, 2021 | 91 | Errata Unreported Opinions (66) |
| Jan 29, 2021 | 87 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants morriscarcam, sunfany by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Jan 28, 2021 | 82 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 28, 2021 | 83 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 5 moto-decal is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [82] filed by Plaintiff on 1/28/2021. moto-decal terminated. (rao, ) |
| Jan 28, 2021 | 84 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 28, 2021 | 85 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time [81] is granted. Defendants PACASK, Remaiw moto, and TESWNE are given until 2/12/2021 to answer or otherwise plead to plaintiff's complaint. (rao, ) |
| Jan 28, 2021 | 86 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 113 MC Motoparts is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [84] filed by Plaintiff on 1/28/20201. MC Motoparts terminated. (rao, ) |
| Jan 26, 2021 | 79 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 26, 2021 | 80 | order (1) Docket Text: ORDER: Defendants No. 158 Qui Fa Dong Motor, No. 182 Star Knight Motor, and No. 197 UBuyMotor_1 are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [79] filed by Plaintiff on 1/26/2021. Signed by the Honorable Martha M. Pacold on 1/26/2021: Mailed notice (rc, ) |
| Jan 26, 2021 | 81 | extension of time (3) Docket Text: MOTION by Defendants PACASK, Remaiw moto, TESWNE for extension of time Unopposed (Liu, Tao) |
| Jan 22, 2021 | 75 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 22, 2021 | 76 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 169 saving-depot is hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [75] filed by plaintiff on 1/22/2021. saving-depot terminated. (rao, ) |
| Jan 22, 2021 | 77 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 22, 2021 | 78 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant 123 motor-mh is hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [77] filed by Plaintiff on 1/22/2021. motor-mh terminated. (rao, ) |
| Jan 21, 2021 | 72 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to Defendants NiceCNC and nice2boy's motion to dismiss [66] is due by 2/18/2021. Defendants' reply brief is due by 3/4/2021. (rao, ) |
| Jan 21, 2021 | 73 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendant MOKOTU's unopposed motion for extension of time to answer or otherwise plead [69] is granted. Defendant MOKOTU is given until 2/3/2021 to answer or otherwise plead to Plaintiff's complaint. (rao, ) |
| Jan 21, 2021 | 74 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:This Court's minute entry [73] is corrected as follows: Defendant MOTOKU's unopposed motion for an extension of time to answer or otherwise plead [69] is granted. Defendant MOTOKU is given until 2/3/2021 to answer or otherwise plead to Plaintiff's complaint. (rao, ) |
| Jan 20, 2021 | 67 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendants NiceCNC and nice2boy filed a motion to dismiss for failure to state a claim [66], which also seeks to have the court dissolve the preliminary injunction and asset freeze, and authorize release of the bond. The parties are directed to consult the court's motion procedures on the court's website, confer with each other, and submit by 1/25/2021 a joint proposed briefing schedule per the motion procedures. (rao, ) |
| Jan 20, 2021 | 68 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant MOTOKU by Erin Kathryn Russell (Russell, Erin) |
| Jan 20, 2021 | 69 | motion for extension of time to file answer (2) Docket Text: MOTION by Defendant MOTOKU for extension of time to file answer regarding complaint[1] (UNOPPOSED) (Russell, Erin) |
| Jan 20, 2021 | 70 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 20, 2021 | 71 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant SMOKU is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [70] filed by Plaintiff on 1/20/2021. SMOKU terminated. (rao, ) |
| Jan 19, 2021 | 66 | Main Document (13) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants NiceCNC, nice2boy (Attachments: # (1) Exhibit A)(Lei, Ge) |
| Jan 19, 2021 | 66 | Exhibit A (22) |
| Jan 12, 2021 | 64 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 12, 2021 | 65 | order (1) Docket Text: ORDER: Defendants No. 20 motorpartsvalue; No. 23 motorsmarket_sfc; No. 24 motortradeonline; and No. 64 paska2016 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [64] filed by Plaintiff on 1/12/2021. Signed by the Honorable Martha M. Pacold on 1/12/2021: Mailed notice (rc, ) |
| Jan 11, 2021 | 62 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 11, 2021 | 63 | order (1) Docket Text: ORDER: Defendants No. 149 PowerMotor and No. 162 RIDE IT are hereby dismissed with prejudice and each party shall bear its own attorneys' fees and costs pursuant to the Notice of Voluntary Dismissal [62] filed by Plaintiff on 1/11/2021. Signed by the Honorable Martha M. Pacold on 1/11/2021. Mailed notice (jh, ) |
| Jan 7, 2021 | 59 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants NiceCNC, nice2boy by Ge Lei (Lei, Ge) |
| Jan 7, 2021 | 60 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 7, 2021 | 61 | order (1) Docket Text: ORDER: Defendants NTHREEAUTO at Line No. 138; POWERFUL BEAR at Line 148; Qauick Garden Part at Line No. 154; and summer racing at Line No. 183 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [57] filed by Plaintiff on 1/6/2021. Defendant Semimoto at Line No. 171 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [60] filed by Plaintiff on 1/7/2021. Signed by the Honorable Martha M. Pacold on 1/7/2021. Mailed notice (rp, ) |
| Jan 6, 2021 | 55 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants PACASK, Remaiw moto, TESWNE by Tao Liu Liu, Tao (Liu, Tao) |
| Jan 6, 2021 | 57 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 6, 2021 | 58 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants PACASK, Remaiw moto, TESWNE by Tianyu Ju (Ju, Tianyu) (Main Document 58 replaced on 1/4/2022) (ey, ). |
| Dec 30, 2020 | 54 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant PUCKY MOTORS (Defendant No. 152)'s motion to dismiss, to dissolve the TRO, and to release the bond [29] is denied as moot in light of the dismissal of defendant PUCKY [44]. (rao, ) |
| Dec 29, 2020 | 56 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by KTM AG (Document not scanned). (lw, ) |
| Dec 23, 2020 | 51 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG of Defendant ShoppingKool-US (Hierl, Michael) |
| Dec 23, 2020 | 52 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant ShoppingKool-US is hereby dismissed with prejudice and each party shall bear their own attorneys' fees and costs pursuant to the Notice of Voluntary Dismissal [51] filed by Plaintiff on 12/23/2020. ShoppingKool-US terminated. (rao, ) |
| Dec 23, 2020 | 53 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants motorbrand18, placeorder_19 by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Dec 16, 2020 | 49 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Dec 16, 2020 | 50 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant MonkeyJack at Line No. 116 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [49] filed by plaintiff on 12/16/2020. MonkeyJack terminated. (rao, ) |
| Dec 15, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: neverland-usa, newgenlifestyle_collection, newlucky_us, newyoutube, ngadla_0, niagara_falls_us, nice2boy, nightcats_12, ninid.c2dfnq4, noeverl-7, northernswallow2012, nssupermarket2011, nx-business-world, oncemoremoto, one_belt_one_road, onlinetown2016, only-dreaming, open_throttle_racers, optionclothing, orange_tec, ouxiao90, panpan0018, papandacycle, paska2016, pazomaracing, peemagraphics, permile77, phrider_cmt, placeorder_19, plaza-30, pluscarbon, popmotorcycle, possbay2008, powace08, powace1515, powermoto, powerpart-us, powstar28, powstar83, prepareforyou and princessbba added to case caption. (Hierl, Michael) |
| Dec 15, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: pro_stickers2015, pro-car-parts19, professional_motors, pro-kodaskin, proper-parts, pro-racer-shirt, ptmyi-moto, qi9345, qingtache0, quick_hub, race-club, racer_moto, racer-club, racingboy8261, racingclub321, racing-knightmotor, racingmtp, racingparts16, radiatorfactory, LIJINC, Lina-car-shop, LONGWEI1, loonpon, Love Moto, LQMY, LTEFTLFL, luckmart, Luixxuer, Lv Liang Shi Li Shi Qu Li Jie Zong He Jing Xiao Bu, ManMiaoshangmao, MARY LET'S SING, MC Motoparts, Mizucco c, MNBHD, MonkeyJack, Morii, Motokano, MOTOKU, MotoParty, motorcycle Brake Home and Motorgogo added to case caption. (Hierl, Michael) |
| Dec 15, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: motor-mh, motorstar, Motor-US., MTQYMXST, MUJUN-US, MustY, MYZAW, Nathan Ng, NAVARMETools&Parts, Nawenson racing, NCTHSTORE, Newland2019, NiceCNC, Niree, nordlichter, NTHREEAUTO, OeyeO, OUMURS MOTORPARTS, outdoorpowerequipment, PACASK, PENGTENG, PHYUN Auto Parts, pingpingshangpu, Porotmotor, POWACE Inc, POWERFUL BEAR, PowerMotor, PRO BAT, pslcustomerservice, PUCKY MOTOR, PUHEB, Qauick Garden part, QiangShangQiang, QILE XIANGBAO-US, QingQiaoShangMao, Qiu Fa Dong Motor, RASNONE, Remaiw moto, Reminnber, RIDE IT and riuty-y added to case caption. (Hierl, Michael) |
| Dec 15, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: RockMute, Rudear store, Rudyness66, Ruirui US, SANON Direct, saving-depot, Seekee.ha854, Semimoto, sfshangpu, S-Golden Silk, Shang Zun, shanxijinxinhuishangmaoyouxiangongsi, ShoppingKool-US, shuaiyour, shunyang_led, Sinkees, Smad Powersportparts, SMOKU, Star Knight Motor, summer racing, sunfany, Sunshine'Store, Suuonee, TARAZON-Moto Parts Factory, TESWNE, TFRJNFG, TOPMOUNT, Topteng, TOPZONE MOTO, TORUN TECH, Triumilynn, TT-OUTDO, TZmart, UBuyMotor_1, Udele store, Ultra_Supplier, Ung-Car US, jamydays, janwhooy, jieruiyang66 and joe_he added to case caption. (Hierl, Michael) |
| Dec 15, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: johnson2, juanjie01, juntao1, junyuantrade, jury, kaimeila, kang20208888, kingjiestar, kristina0523, laray, letiteasy, linqi2008, ljz88049, logossou, lovechina1975, lovehat, loveluo0525, Lucky Star Motorcycle Spare Parts, luggage191, luggage19q, luggage19s, luo168hui, luxurybrandlogo23, luxyrunis, lyjdh, mingcar001, mius, mk_dw_watch, monton4shop, moto_pro, motofairing, motogp_racing, motogp888, motok, motorists, mycycling, myhongkong, neimai, new_stores, nicecar1, nikfshop, nlgcshop, notecycling, nulionly, obdstar and ofoxxx added to case caption. (Hierl, Michael) |
| Dec 14, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: morriscarcam, mosokoyoparts, moto_siksik, moto-car, moto-decal, motofactory7788, moto-langni, motomart11, motomike01, motomodification, motopartsport, motopros, motoradiator, motorbrand18, motorcycle-hub, motorcyclepartsclub0, motorcycle-world, motornice_ar, motorparts-mall, motorpartsvalue, motor-pro, motorshop-us, motorsmarket_sfc, motortradeonline, moto-speedy, motospirit8888, motospirit9999, mototalk2011, movingvinson-tan8816, mtparts4u, mtparts4world, muoo-54, na-5222, nanalu66880, nanang_0, natiabukrat, natiabukrat, nawensonparts, neverland_cover, neverland-gbp and neverland-motor added to case caption. (Hierl, Michael) |
| Dec 14, 2020 | 48 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received the letter from defendant #176, ShoppingKool-US [47]. The letter states that it was submitted by the deadline for objections set in the court's earlier order [40]. Thus, the court vacates the preliminary injunction [46] in part, only as to defendant ShoppingKool-US and not as to any other defendant, in order to allow ShoppingKool-US an opportunity to retain counsel and file a brief in opposition to the preliminary injunction. As a business entity, ShoppingKool-US may not represent itself. See, e.g., Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985). ShoppingKool-US must retain counsel if it wishes to participate in this action and file a brief in opposition to the motion for preliminary injunction. ShoppingKool-US has until 12/23/2020 for counsel to file an appearance on the docket and a brief in opposition to the motion for preliminary injunction. Plaintiff has until 12/31/2020 to file a reply. The parties should immediately meet and confer and promptly inform the court by filing a brief joint status report if they seek any changes to the briefing schedule or seek a telephone hearing. (rao, ) |
| Dec 11, 2020 | 43 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Dec 11, 2020 | 44 | order (1) Docket Text: ORDER: Pursuant to the Notice of Dismissal under Federal Rule of Civil Procedure 41(a)(1) [43] filed by plaintiff on 12/11/2020, Defendant PUCKY MOTORS at Line No. 152 is hereby dismissed with prejudice. Each party shall bear its own attorney's fees and costs. Signed by the Honorable Martha M. Pacold on 12/11/2020: Mailed notice (rc, ) |
| Dec 11, 2020 | 45 | order on motion for preliminary injunction (1) Docket Text: ORDER: No defendant has filed an objection to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [37] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Signed by the Honorable Martha M. Pacold on 12/11/2020: Mailed notice (rc, ) |
| Dec 11, 2020 | 46 | preliminary injunction (26) Docket Text: PRELIMINARY INJUNCTION. Signed by the Honorable Martha M. Pacold on 12/11/2020: Mailed notice (rc, ) |
| Dec 11, 2020 | 47 | letter (2) Docket Text: LETTER from ShoppingKool-US dated 12/11/2020. (rc, ) |
| Dec 10, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (cm, ) |
| Dec 10, 2020 | 41 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants KEMIMOTO, ISSYAUTO by Erin Kathryn Russell (Russell, Erin) |
| Dec 10, 2020 | 42 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/10/2020, answer due 12/31/2020. (Hierl, Michael) |
| Dec 9, 2020 | 40 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction [37] under advisement and will consider the motion unopposed if no defendant appears and objects by 1:00 p.m. on 12/11/2020. (rao, ) |
| Dec 8, 2020 | 37 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Dec 8, 2020 | 38 | memorandum in support of motion (7) Docket Text: MEMORANDUM by KTM AG in support of motion for preliminary injunction[37] (Hierl, Michael) |
| Dec 8, 2020 | 39 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[37] (Hierl, Michael) |
| Dec 4, 2020 | 36 | status hearing (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Telephonic status hearing and continued motion [29] hearing held on 12/4/2020. The parties are continuing settlement discussions and will send to the proposed order inbox an agreed proposed order and/or notify the court if there is a need for a further hearing. (rao, ) |
| Dec 3, 2020 | 35 | Main Document (3) Docket Text: NOTICE by KTM AG Plaintiff's Notice of Filing (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Hierl, Michael) |
| Dec 3, 2020 | 35 | Exhibit A (11) |
| Dec 3, 2020 | 35 | Exhibit B (28) |
| Dec 2, 2020 | 33 | motion hearing (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Motion hearing held on 12/2/2020 on defendant Ruin Puji Co., Ltd. (d/b/a Pucky)'s motion to dissolve TRO, unfreeze assets, dismiss, and release TRO bond [29]. As discussed on the record, by close of business 12/3/2020, (1) plaintiff should produce to defendant under seal materials from the docket, subject to the confidentiality restrictions discussed on the record; (2) defendant should produce to plaintiff the informal discovery materials discussed on the record, subject to the confidentiality restrictions discussed on the record; (3) each party may file a short submission of key citations on the nominative fair use issue raised in the motion [29]. Status hearing scheduled for 12/4/2020 at 11:00 a.m. (Please note the time of the hearing is different from that stated on the record during today's hearing). Please dial Toll-Free Call-in Number: (888) 684-8852; followed by the Conference Access Code: 9482028#. (rao, ) |
| Dec 2, 2020 | 34 | Main Document (2) Docket Text: SUPPLEMENT to motion hearing,,,,, set/reset hearings,,,,, terminate deadlines and hearings,,,, [33], Motion to Dismiss for Failure to State a Claim[29] (Attachments: # (1) Exhibit A)(Greenspoon, Robert) |
| Dec 2, 2020 | 34 | Exhibit A (27) |
| Dec 1, 2020 | 32 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The Court will hold a telephonic status hearing on 12/2/2020 at 11:30 a.m. Dial Toll-Free Call-in Number (888) 864-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibitions against recording or rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Nov 30, 2020 | 28 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Unknown Ruin Puji Co., Ltd. by Robert P. Greenspoon (Greenspoon, Robert) |
| Nov 30, 2020 | 29 | Main Document (7) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Unknown Ruin Puji Co., Ltd. and to Dissolve TRO and for Release of Bond (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Greenspoon, Robert) |
| Nov 30, 2020 | 29 | Exhibit A (2) |
| Nov 30, 2020 | 29 | Exhibit B (2) |
| Nov 30, 2020 | 30 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Unknown Ruin Puji Co., Ltd. by Michael R. La Porte (La Porte, Michael) |
| Nov 30, 2020 | 31 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The parties are directed to submit to the court's proposed order email box by 4:00 pm on 12/1/2020 an agreed briefing schedule on the motion to dissolve TRO, unfreeze assets, dismiss, and release TRO bond [29]. (rao, ) |
| Nov 19, 2020 | 27 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's ex parte motion to extend the Temporary Restraining Order [26] is granted. The Temporary Restraining Order is extended to and including December 10, 2020. (rao, ) |
| Nov 17, 2020 | 26 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Nov 12, 2020 | 22 | Patent/Trademark report (8) Docket Text: MAILED trademark report to Patent Trademark Office, Alexandria VA (rc, ) |
| Nov 12, 2020 | 23 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Nov 12, 2020 | 24 | order on motion to seal document (1) Docket Text: ORDER: Plaintiff's motion to exceed page limitation [7] is granted. For the reasons set forth in plaintiff's motions [5], [8], the supporting memorandum [9] and the temporary restraining, Plaintiff's motions for leave to file under seal [5], for a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, expedited discovery, and electronic service of process [8] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order. Signed by the Honorable Martha M. Pacold on 11/12/2020. Mailed notice (td, ) |
| Nov 12, 2020 | 25 | SEALED Order (27) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/12/2020. (td, ) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ke, ) |
| Nov 10, 2020 | 1 | Main Document (17) Docket Text: COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 400, receipt number 0752-17632359. (Attachments: # (1) Exhibit 1)(Hierl, Michael) |
| Nov 10, 2020 | 1 | Exhibit 1 (7) |
| Nov 10, 2020 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Nov 10, 2020 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl (Hierl, Michael) |
| Nov 10, 2020 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac (Kalbac, William) |
| Nov 10, 2020 | 5 | motion to seal document (3) Docket Text: MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Nov 10, 2020 | 6 | sealed document (17) Docket Text: EXHIBIT by Plaintiff KTM AG Schedule A Sealed Schedule A (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 7 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Nov 10, 2020 | 8 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff KTM AG for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Nov 10, 2020 | 9 | Main Document (38) Docket Text: MEMORANDUM by KTM AG in support of motion for temporary restraining order, [8] (Attachments: # (1) Declaration Trunkenpolz/Sigl Declaration, # (2) Exhibit 1, # (3) Declaration Hierl Declaration, # (4) Exhibit Hierl Exhibit 1, # (5) Exhibit Hierl Exhibit 2, # (6) Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Nov 10, 2020 | 9 | Declaration Trunkenpolz/Sigl Declaration (8) |
| Nov 10, 2020 | 9 | Exhibit 1 (7) |
| Nov 10, 2020 | 9 | Declaration Hierl Declaration (3) |
| Nov 10, 2020 | 9 | Exhibit Hierl Exhibit 1 (11) |
| Nov 10, 2020 | 9 | Exhibit Hierl Exhibit 2 (20) |
| Nov 10, 2020 | 9 | Exhibit Hierl Exhibit 3 (33) |
| Nov 10, 2020 | 10 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 11 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 12 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 13 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 14 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 15 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 16 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 7 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 17 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 8 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 18 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 9 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 19 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 10 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 20 | sealed document (30) Docket Text: EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 11 of Trunkenpolz/Sigl Declaration (Hierl, Michael) Modified on 12/14/2020 (rc, ). |
| Nov 10, 2020 | 21 | other (5) Docket Text: Notice of Claims Involving Trademarks by KTM AG (Hierl, Michael) |
