Case number 1:20-cv-06713
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) |
|---|---|---|
| Sep 11, 2022 | 51 | motion for extension of time to file (1) Docket Text: REQUEST for extension of filing a brief in opposition to the Motion for preliminary injunction. (jh, ) |
| Sep 7, 2022 | 239 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Aug 29, 2022 | 238 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Jul 5, 2022 | 237 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Jun 29, 2022 | 236 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Jun 16, 2022 | 235 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Jun 1, 2022 | 234 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| May 26, 2022 | 233 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| May 16, 2022 | 232 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| May 4, 2022 | 231 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| May 2, 2022 | 230 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Kalbac, William) |
| Apr 29, 2022 | 229 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Apr 27, 2022 | 228 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Apr 26, 2022 | 227 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Apr 20, 2022 | 226 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Mar 28, 2022 | 225 | satisfaction of judgment (3) Docket Text: SATISFACTION of Judgment (Hierl, Michael) |
| Mar 9, 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 13, 2022 | 219 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 94 GY-Motor is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Stipulation of Voluntary Dismissal [217] filed by Plaintiff and and GY-Motor. (rao, ) |
| Jan 13, 2022 | 220 | order on motion for leave to file excess pages (1) Docket Text: ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [200]. The defendants who had appeared have since been voluntarily dismissed. The motion is granted along with plaintiff's motion for leave to file excess pages [199]. 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 in the amount specified in the written order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($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 the Court to plaintiff's counsel Michael Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on January 13, 2022. Mailed notice (ph, ) |
| Jan 13, 2022 | 221 | order (13) Docket Text: FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on January 13, 2021. Mailed notice (ph, ) |
| Jan 13, 2022 | 222 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Jeffrey Cole: In light of Judge Pacold's Final Judgment Order [221], the video status set for 2/14/22 is cancelled and the referral is closed. Emailed notice (yt) |
| Jan 10, 2022 | 218 | magistrate judge status hearing (1) Docket Text: MINUTE entry before the Honorable Jeffrey Cole: Video status conference held on 1/10/22. Mr. Kalbac, counsel for the plaintiff, informed me that 151 of the 242 defendants have settled the case and that as to those defendants, the plaintiff has filed notices of dismissals. The remaining 91 defendants have not appeared and plaintiff is in the process of dealing with those defendants, and will be filing appropriate responses as to the non-appearing defendants. The next video status conference is set for 2/14/22 at 9:00am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2300, access code 094859009. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt) |
| Jan 7, 2022 | 217 | stipulation of dismissal (2) Docket Text: STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice (Hierl, Michael) |
| Jan 5, 2022 | 216 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Jeffrey Cole: The telephone status conference scheduled for 1/10/22 at 10:30am, is CHANGED to a video status conference. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2300, access code 094859009. (NOTE CHANGE IN DIAL-IN NUMBER). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (yt) |
| Dec 28, 2021 | 215 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 38 cargolala, No. 78 fuyuzh37, No. 111 lin-2017, No. 134 mkm-3207, and No. 135 mkstore-china are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [214] filed by Plaintiff. (rao, ) |
| Dec 17, 2021 | 213 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 117 lpmotorparts is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [212] filed by Plaintiff. (rao, ) |
| Dec 17, 2021 | 214 | 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) |
| Dec 10, 2021 | 211 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 10 amaze_traders, No. 11 amazon.no1, No. 15 atr-autos, No. 16 auto-department2019, No. 21 autostore-1, No. 29 biking-cycling, No. 46 cnszaijie_9, No. 47 color_tree, No. 48 color-fashion6, No. 52 cxyan_96, No. 53 cypshop2013, No. 55 darkmoto, No. 57 dayagos, No. 87 gladiator-business, No. 88 gmmotoshop, No. 95 harhap, No. 112 lindamotorparts_1, No. 114 little_boxx_yx, No. 119 lydiastore2017, No. 129 mc-9238, No. 133 mini-phoneshop are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [210] filed by Plaintiff. (rao, ) |
| Dec 10, 2021 | 212 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 117 (Hierl, Michael) |
| Dec 6, 2021 | 210 | 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) |
| Dec 2, 2021 | 209 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 56 davidstore188 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [208] filed by Plaintiff. (rao, ) |
| Nov 29, 2021 | 208 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 56 (Hierl, Michael) |
| Nov 23, 2021 | 207 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 41 cavalier-ca and No. 127 marsknight-uk are herby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [206] filed by Plaintiff. (rao, ) |
| Nov 19, 2021 | 206 | 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) |
| Nov 5, 2021 | 205 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 167 JULONG US and No. 181 Lenyi are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [204] filed by Plaintiff on 11/1/2021. (rao, ) |
| Nov 1, 2021 | 204 | 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) |
| Oct 28, 2021 | 203 | 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 [200] must enter an appearance and file a written objection by 11/10/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Oct 27, 2021 | 198 | declaration (3) Docket Text: DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Oct 27, 2021 | 199 | 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) |
| Oct 27, 2021 | 200 | 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) |
| Oct 27, 2021 | 201 | Main Document (18) Docket Text: MEMORANDUM by KTM AG in support of motion for default judgment[200] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Oct 27, 2021 | 201 | Exhibit 1 (117) |
| Oct 27, 2021 | 201 | Exhibit 2 (28) |
| Oct 27, 2021 | 202 | Main Document (3) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[200] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Oct 27, 2021 | 202 | Exhibit Hierl Exhibit 1 (84) |
| Oct 22, 2021 | 196 | other (3) Docket Text: Joint Proposed Discovery Schedule by KTM AG (Hierl, Michael) |
| Oct 22, 2021 | 197 | text entry (1) Docket Text: MINUTE entry before the Honorable Jeffrey Cole: The Court adopts the Joint Proposed Discovery Schedule [196]. The schedule is as follows: Parties to comply with FRCP Rule 26(a)(1) by 11/5/21; Parties to submit an agreed upon Protective Order by 11/19/21; Amended Pleadings Due by 12/15/21; Close of Fact Discovery (including depositions) by 4/15/22; Close of Expert Discovery (including depositions) by 9/16/22; Dispositive Motions with Supporting Memoranda Due by 11/18/22. Mailed notice (yt) |
| Oct 14, 2021 | 193 | Expedited referral to magistrate judge (1) Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.(rao, ) |
| Oct 14, 2021 | 194 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Jeffrey Cole: Judge Pacold has referred the case here for discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. [193]. The parties are to submit an agreed upon fact discovery (including depositions) and expert discovery (including depositions) schedule, if any, not later than 10/21/21. Counsel should also submit a joint status report every 6 weeks, signed by counsel, specifically detailing the progress of discovery for the reporting period. Local Rule 16.1 states in part, "discovery must be completed before the discovery closing date. Discovery requested before the discovery closing date, but not scheduled for completion before the discovery closing date, does not comply with this order." Telephone Status Conference is set for 1/10/22 at 10:30am CST. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (yt) |
| Oct 14, 2021 | 195 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Having reviewed the joint status report [192] submitted by Plaintiff and defendants gy-motors and cavalier-ca, Plaintiff indicated that it intends to move for entry of default judgment against the previously defaulted defendants under Federal Rule of Civil Procedure 54(b). If Plaintiff files such a motion, Plaintiff should address the issues raised in Oakley, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule "A," No. 20-cv-05049, Dkt. 66 (July 27, 2021). This includes, but is not limited to, (1) whether the preliminary injunction already entered in this case protects Plaintiff from any harm while the case continues to be litigated against defendants gy-motors and cavalier-ca, and (2) whether there is any overlap between the claims against the previously defaulted defendants and defendants gy-motors and cavalier-ca. (rao, ) |
| Oct 8, 2021 | 192 | status report (4) Docket Text: STATUS Report Joint Status Report by KTM AG (Hierl, Michael) |
| Oct 1, 2021 | 190 | 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) |
| Oct 1, 2021 | 191 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 13 arashi-estore, No. 14 areyourshop-009, No. 25 begoniasale, No. 32 bobocat15, No. 34 bruceshark-002, No. 35 bruceshark-005, No. 54 daliynew24hr, No. 62 durianbikers, No. 70 fast.x, No. 75 followme-auto, No. 89 goodforyou888, No. 99 icarstool, No. 105 kingloos, No. 108 kurokawa.kishho, and No. 187 arashidh are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [190] filed by Plaintiff on 10/1/2021. (rao, ) |
| Sep 24, 2021 | 189 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to submit a joint status report on how they plan to proceed with this case by 10/8/2021. (rao, ) |
| Sep 20, 2021 | 188 | Response (9) Docket Text: RESPONSE by Plaintiff KTM AG Answer to Counterclaim of Defendant GY-MOTOR (Hierl, Michael) |
| Aug 31, 2021 | 187 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant cavalier-ca by Weisun Rao (Rao, Weisun) |
| Aug 18, 2021 | 185 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the answer and counterclaim filed by gy-motor (defendant No. 94) [184]. Plaintiff shall answer or otherwise respond to the counterclaim by 9/20/2021. (rao, ) |
| Aug 18, 2021 | 186 | order on motion for default judgment (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Before the Court is Plaintiff's motion [175] for entry of default and default judgment against all remaining defendants. All remaining defendants except gy-motor have failed to plead or to otherwise appear to defend against this action. Default therefore is entered as to all remaining defendants except gy-motor under Rule 55(a) of the Federal Rules of Civil Procedure. Entry of default is denied as to gy-motor. Moreover, in light of gy-motor's appearance and participation in this case, plaintiff's motion for default judgment as to all remaining defendants [175] is denied as moot. If plaintiff wishes to move for default judgment against the remaining defendants apart from gy-motor even though claims remain pending against gy-motor, Plaintiff must file a motion seeking entry of partial final judgment under Federal Rule of Civil Procedure 54(b). Any such motion must explain, citing precedent from this Circuit or the U.S. Supreme Court, why, in plaintiff's view, there is no just reason to delay entry of a final judgment in this case as to fewer than all claims or parties. Any such motion must account for the fact that "requests under Rule 54(b) are granted neither routinely nor as a matter of course." Architectural Floor Prods. Co. v. Don Brann & Assocs. Co., 551 F. Supp. 802, 807 (N.D. Ill. 1982). Moreover, any argument as to why relief is warranted under Rule 54(b) cannot conflict with plaintiff's pleading allegations. See Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 20-cv-05049 (N.D. Ill.) (Kness, J.), Dkt. 66 at 2 (denying partial final judgment under Rule 54(b) where Plaintiff's complaint alleged that "Defendants are an interrelated group of infringers working in active concert"). (rao, ) |
| Aug 16, 2021 | 184 | answer to complaint (21) Docket Text: ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by gy-motor against KTM AG . by gy-motor(Russell, Erin) |
| Aug 9, 2021 | 183 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time filed by Defendant Gy-motor (No. [182]) is granted. Gy-motor shall answer or otherwise respond to the complaint by 8/16/2021. Mailed notice. (jjr, ) |
| Aug 6, 2021 | 181 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant gy-motor by Erin Kathryn Russell (Russell, Erin) |
| Aug 6, 2021 | 182 | Main Document (3) Docket Text: MOTION by Defendant gy-motor for extension of time to file answer regarding complaint[1] (Attachments: # (1) Exhibit A - gy-motor listing)(Russell, Erin) |
| Aug 6, 2021 | 182 | Exhibit A - gy-motor listing (15) |
| Aug 5, 2021 | 179 | 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 5, 2021 | 180 | order (1) Docket Text: ORDER: Defendants No. 26 bestmotoparts0408; No. 45 cncracing16; and No. 84 gdtq1179 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [179] filed by Plaintiff on 8/5/2021. Signed by the Honorable Martha M. Pacold on 8/5/2021. Mailed notice (jh, ) |
| Jul 29, 2021 | 178 | 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 [175] must enter an appearance and file a written objection by 8/10/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jul 27, 2021 | 174 | declaration (3) Docket Text: DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Jul 27, 2021 | 175 | 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 | 176 | Main Document (16) Docket Text: MEMORANDUM by KTM AG in support of motion for default judgment[175] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Jul 27, 2021 | 176 | Exhibit 1 (117) |
| Jul 27, 2021 | 176 | Exhibit 2 (28) |
| Jul 27, 2021 | 177 | Main Document (3) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[175] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Jul 27, 2021 | 177 | Exhibit Hierl Exhibit 1 (84) |
| Jun 30, 2021 | 172 | 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 | 173 | order (1) Docket Text: ORDER: Defendants No. 193 autopart_bright, No. 196 Best Chinese supplies camp Digital Scale Digital Thermometer, and No. 222 dhgatesmaskoo are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [172] filed by Plaintiff on 6/30/2021. Signed by the Honorable Martha M. Pacold on 6/30/2021. Mailed notice (exr, ) |
| Jun 25, 2021 | 171 | order (1) Docket Text: ORDER: Defendants No. 156 JIANXUS and No. 157 JIEWEIJP are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [170] filed by Plaintiff on 6/23/2021. Signed by the Honorable Martha M. Pacold on 6/25/2021. Mailed notice (jh, ) |
| Jun 23, 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) |
| Jun 17, 2021 | 169 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 151 jack good is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [168] filed by Plaintiff on 6/16/2021. jack good terminated. (rao, ) |
| Jun 16, 2021 | 168 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal of Defendant No. 151 (Hierl, Michael) |
| May 17, 2021 | 167 | order (1) Docket Text: ORDER: Defendants No. 159 JINQIU, No. 174 kkyinkking, and No. 182 LIBEIBEI are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [166] filed by Plaintiff on 5/14/2021. Signed by the Honorable Martha M. Pacold on 5/17/2021. Mailed notice. (kl, ) |
| May 14, 2021 | 166 | 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 21, 2021 | 164 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Apr 21, 2021 | 165 | order (1) Docket Text: ORDER: Defendants No. 189 auto_motorcycle_01; No. 219 dhgate_store_00; and No. 220 dhgate_store_44 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [164] filed by Plaintiff on 4/21/2021. Signed by the Honorable Martha M. Pacold on 4/21/2021. Mailed notice (jn, ) |
| Apr 12, 2021 | 162 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate (Hierl, Michael) |
| Apr 12, 2021 | 163 | order on motion to dismiss (1) Docket Text: ORDER: Defendants No. 79 fxcnc_racing; No. 81 fx-motorcycle; No. 91 greenseller888; No. 107 kracemotor; No. 121 Izy-motor; and No. 175 krace race are 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 Defendants No. 79 fxcnc_racing; No. 81 fx-motorcycle; No. 91 greenseller888; No. 107 kracemotor; No. 121 Izy-motor; and No. 175 krace race. Each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [162] filed by Plaintiff on 4/12/2021. Defendants No. 79 fxcnc_racing; No. 81 fx-motorcycle; No. 91 greenseller888; No. 107 kracemotor; No. 121 Izy-motor; and No. 175 krace race's motion to dismiss [126] is denied as moot. Signed by the Honorable Martha M. Pacold on 4/12/2021. Mailed notice. (sxb, ) |
| Apr 6, 2021 | 161 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray (Mcmurray, Robert) |
| Apr 5, 2021 | 159 | 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 5, 2021 | 160 | order (1) Docket Text: ORDER: Defendants No. 24 becauseofstyle; No. 65 easyfind123; No. 66 easyfind2011; No. 67 estylish4u; No. 100 insideyourstyle; and No. 145 HUYNH TRUNG LIEM are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [15 9] filed by Plaintiff on 4/5/2021. Signed by the Honorable Martha M. Pacold on 4/5/2021. Mailed notice (jh, ) |
| Mar 30, 2021 | 155 | 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 Defendants' motion to dismiss [153] is granted. Plaintiff's response to Defendants No. 79 fxcnc_racing, No. 81 fx-motorcycle, No. 91 greenseller888, No. 107 kracemotor, No. 121 Izy-motor, and No. 175 Krace Race's motion to dismiss [126] is due by 4/12/2021. Defendants' reply is due by 5/3/2021. (rao, ) |
| Mar 30, 2021 | 156 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 116 logcob is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [154] filed by Plaintiff on 3/29/2021. Defendant No. 116 logcob's motion to dismiss [94] is denied as moot. logcob terminated. (rao, ) |
| Mar 30, 2021 | 157 | 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 30, 2021 | 158 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 148 Innoglow is hereby dismissed without prejudice with leave to reinstate on or before 5/28/2021, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [157] filed by Plaintiff on 3/30/2021. In the event a motion to reinstate is not filed on or before 5/28/2021, the case shall be deemed, without further order of the court, to be dismissed with prejudice against No. No. 148 Innoglow. Defendant No. 148 Innoglow's motion to dismiss [93] is denied as moot. Innoglow terminated. (rao, ) Modified on 4/5/2021 (rao, ). |
| Mar 29, 2021 | 153 | 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 29, 2021 | 154 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 24, 2021 | 151 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 24, 2021 | 152 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: ORDER: Defendants No. 37 capejasmine; No. 71 fastshipday; and No. 85 gdutfactory are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [151] filed by Plaintiff on 3/24/2021. Defendant No. 37 capejasmine's motion to dismiss [90] and Defendant No. 71 fastshipday's motion to dismiss [91] are denied as moot. Signed by the Honorable Martha M. Pacold on 3/24/2021:Mailed notice(jh, ) |
| Mar 19, 2021 | 148 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 2 365moto is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [147] filed by plaintiff on 3/18/2021. 365moto terminated. (rao, ) |
| Mar 19, 2021 | 149 | 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 | 150 | order (1) Docket Text: ORDER: Defendants No. 27 beyungshu2018; No. 153 JDDRUS; and No. 166 JQHNB are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [149] filed by Plaintiff on 3/19/2021. Signed by the Honorable Martha M. Pacold on 3/19/2021. Mailed notice (jh, ) |
| Mar 18, 2021 | 147 | 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 | 144 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time [143] is granted. Plaintiff's response briefs to Defendants' motions to dismiss [90], [91], [93], [94] are due by 3/29/2021. Defendants' reply briefs are due by 4/12/2021. (rao, ) |
| Mar 16, 2021 | 145 | 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 | 146 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 118 luanmingmoto is hereby dismissed with prejudice pursuant to the Notice of Voluntary Dismissal [145] filed by Plaintiff on 3/16/2021. luanmingmoto terminated. (rao, ) |
| Mar 15, 2021 | 143 | 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 Defendants' Motions to Dismiss (Hierl, Michael) |
| Mar 12, 2021 | 137 | 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 | 138 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 12, 2021 | 139 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 12, 2021 | 140 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 172 KIPA2007 is hereby dismissed with prejudice pursuant to the Notice of Voluntary Dismissal [138] filed by Plaintiff on 3/12/201. Defendant KIPA2007's motion to dismiss [70] is denied as moot. KIPA2007 terminated. (rao, ) |
| Mar 12, 2021 | 141 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 126 markmotor2015 is hereby dismissed with prejudice pursuant to the Notice of Voluntary Dismissal [139] filed by Plaintiff on 3/12/2021. (rao, ) |
| Mar 12, 2021 | 142 | order (1) Docket Text: ORDER: Defendants No. 42 caytric_ph; No. 120 lymotor_ar; No. 131 metoo_motorfans; No. 203 brotherpower1234; No. 211 clhhilary; No. 223 dhgatetop_company; and No. 233 fxh1583358738 are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [137] filed by Plaintiff on 3/12/2021. Signed by the Honorable Martha M. Pacold on 3/12/2021: Mailed notice (ec, ) |
| Mar 4, 2021 | 135 | status report (2) Docket Text: STATUS Report by KTM AG (Hierl, Michael) |
| Mar 4, 2021 | 136 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time to respond to certain Defendants' motions to dismiss [133] is granted. Plaintiff's responses to Defendants' motions to dismiss [90], [91], [93], [94] are due by 3/15/2021. Defendants' reply briefs are due by 4/5/2021. (rao, ) |
| Mar 3, 2021 | 129 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Second Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Hierl, Michael) |
| Mar 3, 2021 | 130 | 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 3, 2021 | 131 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed second motion for extension of time to respond to Defendant No. 172 KIPA2007's motion to dismiss [129] is granted. Plaintiff's response to Defendant KIPA2007's motion to dismiss [70] is due by 3/18/2021. Defendant KIPA2007's reply is due by 4/8/2021. (rao, ) |
| Mar 3, 2021 | 132 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 126 markmotor2015 is hereby dismissed without prejudice and with leave to reinstate on or before 5/2/2021. In the event a motion to reinstate is not filed on or before 5/3/2021, the case shall be deemed without further order of the court, to be dismissed with prejudice as to Defendant markmotor2015. Defendant markmotor2015's motion to dismiss [69] is denied as moot. markmotor2015 terminated. (rao, ) |
| Mar 3, 2021 | 133 | extension of time (3) Docket Text: MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for Extension of Time to Respond to Defendants' Motions to Dismiss (Hierl, Michael) |
| Mar 3, 2021 | 134 | terminate deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's oral request for a one-day extension of time to file the status report is granted. Plaintiff is given until 3/4/2021 to file the status report. (rao, ) |
| Mar 2, 2021 | 128 | 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 Defendants Krace Race, kracemotor, fxnc_racing, greenseller888, lzy-motor and fxmotorcycle [126] is due by 3/29/2021. Defendants' reply is due by 4/19/2021. (rao, ) |
| Mar 1, 2021 | 124 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The motion to dismiss [123] and notice of motion [122] filed by Defendants fxcnc_racing, fx-motorcycle, kracemotor, Krace Race, greenseller888, lzy-motor to dismiss are 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 defendants wish to renew their motion to dismiss, they 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, ) Modified on 3/1/2021 (rao, ). |
| Mar 1, 2021 | 125 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is ordered to file a status report by 3/3/2021 advising the Court whether any pending motions have been mooted by Plaintiff's recent voluntary dismissal [121]. In the future, each time Plaintiff submits a notice of voluntary dismissal, if the dismissal moots any pending motions, the notice must state that and identify the motions. (rao, ) |
| Mar 1, 2021 | 126 | Main Document (3) Docket Text: MOTION by Defendants fxcnc_racing, fx-motorcycle, kracemotor, Krace Race, greenseller888, lzy-motor to dismiss (Attachments: # (1) Memorandum of law, # (2) Declaration Attorney Declaration, # (3) Declaration Client Declaration, # (4) Exhibit)(Tung, Kevin) |
| Mar 1, 2021 | 126 | Memorandum of law (17) |
| Mar 1, 2021 | 126 | Declaration Attorney Declaration (3) |
| Mar 1, 2021 | 126 | Declaration Client Declaration (5) |
| Mar 1, 2021 | 126 | Exhibit (58) |
| Feb 28, 2021 | 122 | 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 | 123 | Main Document (3) Docket Text: MOTION by Defendants fxcnc_racing, fx-motorcycle, kracemotor, Krace Race, greenseller888, lzy-motor to dismiss (Attachments: # (1) Memorandum of law, # (2) Declaration Attorney Declaration, # (3) Declaration Client Declaration, # (4) Exhibit)(Tung, Kevin) |
| Feb 28, 2021 | 123 | Memorandum of law (17) |
| Feb 28, 2021 | 123 | Declaration Attorney Declaration (3) |
| Feb 28, 2021 | 123 | Declaration Client Declaration (5) |
| Feb 28, 2021 | 123 | Exhibit (58) |
| Feb 25, 2021 | 120 | 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 [118], [119], Defendant hotzzz's motion to dismiss [92] is denied as moot. (rao, ) |
| Feb 25, 2021 | 121 | 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 | 127 | order on motion to dismiss (1) Docket Text: ORDER: Defendants No. 4 3y-parts; No. 128 mata*parts; No. 201 bigtruck; No. 205 carclothes; No. 208 carpooling; No. 212 clothingenterprise; No. 231 foxexplorer; and No. 232 frenchfries2 are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [121] filed by Plaintiff on 2/25/2021. Defendants 3y-parts and mata*parts' motion to dismiss [68] is hereby denied as moot. Signed by the Honorable Martha M. Pacold on 2/25/2021. Mailed notice (jh, ) |
| Feb 24, 2021 | 118 | 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 | 119 | order (1) Docket Text: ORDER: Defendants No. 98 hqualitymoto; No. 113 linsales2016; No. 140 hotzzz; and No. 162 JIUNENG 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 [118] filed by Plaintiff on 2/24/2021. Signed by the Honorable Martha M. Pacold on 2/24/2021. Mailed notice (jh, ) |
| Feb 23, 2021 | 116 | 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 | 117 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 168 JUNTENGSHUMA is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [116] filed by Plaintiff on 2/23/2021. JUNTENGSHUMA terminated. (rao, ) |
| Feb 19, 2021 | 112 | 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 3y-parts and mata*parts' motion to dismiss [68], and Defendant KIPA2007's motion to dismiss [70] [109] is granted. Plaintiff's responses to Defendants' motions to dismiss [68], [70] are due by 3/4/2021. Defendants' reply briefs are due by 3/25/2021. (rao, ) |
| Feb 19, 2021 | 113 | 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 Defendant markmotor2015's motion to dismiss [69] [110] is granted. Plaintiff's response to Defendant's motion to dismiss[69] is due by 3/4/2021. Defendant's reply brief is due by 3/18/2021. (rao, ) |
| Feb 19, 2021 | 114 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant JDLLONG is hereby dismissed with prejudice and with each party to bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [111] filed by Plaintiff on 2/18/2021. JDLLONG terminated. (rao, ) |
| Feb 19, 2021 | 115 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 234 guojigooshop is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [87] filed by Plaintiff on 1/29/2021. guojigooshop terminated. (rao, ) |
| Feb 18, 2021 | 109 | 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 18, 2021 | 110 | 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 Defendant's Motion to Dismiss (Hierl, Michael) |
| Feb 18, 2021 | 111 | 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 | 107 | 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 | 108 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 141 HOZAN Lighting is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [107] filed by Plaintiff on 2/12/2021. HOZAN Lighting terminated. (rao, ) |
| Feb 11, 2021 | 106 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants Krace Race, Kracemotor, fxcnc_racing, fx-motorcycle, greenseller888, and lzy-motor filed a motion [99] seeking an extension of time until 2/28/2021 to answer or otherwise respond to the complaint [1]. The request is unopposed and granted. Defendants must answer Plaintiff's Complaint or otherwise plead by 2/28/2021. (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 | 105 | order (1) Docket Text: ORDER: Defendants No. 17 autodeparts; No. 142 huihui1 1; No. 155 JFG RACING; No. 160 JinYao; No. 171 Keyren; No. 198 biaoliu; No. 199 bielaiwuyang1666; No. 204 cangshou; No. 207 carolinegirl; No. 210 ciclismoufo; No. 215 cosy35; No. 216 cyclingstar; No. 230 fjallravengoodshop; No. 235 guoshu33; No. 241 huantingying1404; No. 243 jadhgate; and No. 244 jadi 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 (jh, ) |
| Feb 9, 2021 | 102 | 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 | 104 | order (1) Docket Text: ORDER: Defendants No. 5 7moto7moto; No. 28 bigfish-moto; No. 115 ljbindustryinc; No. 143 hunter2850; No. 152 JACOOL; No. 185 amoywatches; No. 217 dealbag; No. 229 fengyune; and No. 236 haihuanghe are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [102] filed by Plaintiff on 2/9/2021. Signed by the Honorable Martha M. Pacold on 2/9/2021. Mailed notice(jh, ) |
| Feb 8, 2021 | 99 | motion for extension of time to file answer (3) Docket Text: MOTION by Defendants Krace Race, fx-motorcycle, fxcnc_racing, greenseller888, kracemotor, lzy-motor for extension of time to file answer regarding complaint[1] or otherwise plead (Tung, Kevin) |
| Feb 8, 2021 | 100 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Krace Race, fx-motorcycle, fxcnc_racing, greenseller888, kracemotor, lzy-motor by Kevin K. Tung (Tung, Kevin) |
| Feb 5, 2021 | 98 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 5, 2021 | 101 | order (1) Docket Text: ORDER: Defendants No. 158 JIK Motorcycle Parts and No. 169 Kaixinuo are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [98] filed by Plaintiff on 2/5/2021. Signed by the Honorable Martha M. Pacold on 2/5/2021. Mailed notice (jh, ) |
| Feb 3, 2021 | 97 | order on motion to dismiss (1) Docket Text: ORDER: Defendants No. 103 jimmyho1023; No. 125 maleehon-com; No. 164 Joygowe; and No. 178 La Vane are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [96] filed by Plaintiff on 2/2/2021. Defendant La Vane's motion to dismiss or, alternatively to modify the preliminary injunction order [48] is denied as moot. Signed by the Honorable Martha M. Pacold on 2/3/2021. Mailed notice(jh, ) |
| Feb 2, 2021 | 96 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 1, 2021 | 95 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendants capejasmine, fastshipday, hotzzz, Innoglow, and logcob separately filed motions to dismiss for failure to state a claim [90], [91], [92], [93], [94]. Pursuant to the proposed briefing schedules submitted by the parties, Plaintiff's separate response briefs to each motion are due by 3/1/2021. Defendants' separate reply briefs are due by 3/22/2021. (rao, ) |
| Jan 30, 2021 | 90 | Main Document (11) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant capejasmine , MOTION by Defendant capejasmine to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Wang Zhifeng, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 90 | Exhibit A (15) |
| Jan 30, 2021 | 90 | Exhibit B (77) |
| Jan 30, 2021 | 90 | Declaration of Wang Zhifeng (2) |
| Jan 30, 2021 | 90 | Errata Unreported Opinions (66) |
| Jan 30, 2021 | 91 | Main Document (11) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant fastshipday , MOTION by Defendant fastshipday to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Huang Xiaoling, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 91 | Exhibit A (14) |
| Jan 30, 2021 | 91 | Exhibit B (77) |
| Jan 30, 2021 | 91 | Declaration of Huang Xiaoling (2) |
| Jan 30, 2021 | 91 | Errata Unreported Opinions (60) |
| Jan 30, 2021 | 92 | Main Document (15) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant hotzzz , MOTION by Defendant hotzzz to Lift Asset Restraint , MOTION by Defendant hotzzz to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Xiao Guiqin, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 92 | Exhibit A (2) |
| Jan 30, 2021 | 92 | Exhibit B (77) |
| Jan 30, 2021 | 92 | Declaration of Xiao Guiqin (10) |
| Jan 30, 2021 | 92 | Errata Unreported Opinions (1) |
| Jan 30, 2021 | 93 | Main Document (15) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Innoglow , MOTION by Defendant Innoglow to Lift Asset Restraint , MOTION by Defendant Innoglow to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Zheng Jia Min, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 93 | Exhibit A (11) |
| Jan 30, 2021 | 93 | Exhibit B (77) |
| Jan 30, 2021 | 93 | Declaration of Zheng Jia Min (6) |
| Jan 30, 2021 | 93 | Errata Unreported Opinions (66) |
| Jan 30, 2021 | 94 | Main Document (10) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant logcob , MOTION by Defendant logcob to sever (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Declaration of Tang Ya Li, # (4) Errata Unreported Opinions)(Urbanczyk, Adam) |
| Jan 30, 2021 | 94 | Exhibit A (20) |
| Jan 30, 2021 | 94 | Exhibit B (77) |
| Jan 30, 2021 | 94 | Declaration of Tang Ya Li (2) |
| Jan 30, 2021 | 94 | Errata Unreported Opinions (60) |
| Jan 29, 2021 | 87 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 29, 2021 | 88 | order (1) Docket Text: ORDER: Defendants No. 130 mcmotoparts and No. 132 mfactory are hereby dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [86] filed by Plaintiff on 1/28/2021. Signed by the Honorable Martha M. Pacold on 1/29/2021: Mailed notice (rc, ) |
| Jan 29, 2021 | 89 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Innoglow, hotzzz, logcob by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Jan 28, 2021 | 84 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 28, 2021 | 85 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 147 I-Joy 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 1/28/2021. I-Joy terminated.[84] (rao, ) |
| Jan 28, 2021 | 86 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 25, 2021 | 82 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 25, 2021 | 83 | order on motion to dismiss (1) Docket Text: ORDER: Defendants No. 139 HIAORS and No. 173 KKE RACING are 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 1/25/2021. Defendant HIAOR's motion to dismiss [45] is denied as moot. Signed by the Honorable Martha M. Pacold on 1/25/2021. Mailed notice (jh, ) |
| Jan 22, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: 100yi, 365moto, 3act*, 3y-parts, 7moto7moto, 84485cg, air_rocket, alan-zhou, alconstar, amaze_traders, amazon.no1, amxntr, arashi-estore, areyourshop-009, atr-autos, auto-department2019, autodeparts, autoking2020, autopartuk1000, auto-part-us, autostore-1, ayanjan9, baima-0, becauseofstyle, begoniasale, bestmotoparts0408, beyungshu2018, bigfish-moto, biking-cycling, bintanraharj_0, blontang060_8, bobocat15, boogalooamon, bruceshark-002, bruceshark-005, buenpress, capejasmine, cargolala, car-seller1904, castore_787, cavalier-ca, caytric_ph, chuph-82, cindul, cncracing16, cnszsaijie_9, color_tree, color-fashion6, comebuybest and crazydeals322 added to case caption. (Kalbac, William) |
| Jan 22, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: crazyqueen-2016, cxyan_96, cypshop2013, daliynew24hr, darkmoto, davidstore188, dayagos, de100yi, dealsvintageparts, dfcauto, dongminwe-0, durianbikers, easy_easily, easy_shop03, easyfind123, easyfind2011, estylish4u, euroc_43, farok-54, fast.x, fastshipday, fbv885, filili, flyingdream111, followme-auto, ftop, fuqiang-999, fuyuzh37, fxcnc_racing, fxianglia0, fx-motorcycle, galih.-85, gd-autoparts, gdtq1179, gdutfactory, geminiauto-us, gladiator-business, gmmotoshop, goodforyou888, greenl-autolight, greenseller888, gsmcnmotors1688, gulloenterprises, gy-motor, harhap, hkseller2018, hongqzha0, hqualitymoto, icarstool and insideyourstyle added to case caption. (Kalbac, William) |
| Jan 22, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: jangsang, jessica27qiu, jimmyho1023, kajimotorstore2018, kingloos, kotgadi0, kracemotor, kurokawa.kishho, lifestyle24*7, liliputr_0, lin-2017, lindamotorparts_1, linsales2016, little_boss_yx, ljbindustryinc, logcob, lpmotorparts, luanmingmoto, lydiastore2017, lymotor_ar, lzy-motor, madeinchina111, madmotoparthuihuan, majinhua1118, maleehon-com, markmotor2015, marsknight-uk, mata*parts, mc-9238, mcmotoparts, metoo_motorfans, mfactory, mini-phoneshop, mkm-3207, mkstore-china, mofomotor, monkeyfast, heran-trading, HIAORS, hotzzz, HOZAN Lighting, huihui11, hunter2850, Huxiaoe, HUYNH TRUNG LIEM, IGOKHJ, I-Joy, Innoglow, ISSYAUTO and J.H.T-US added to case caption. (Hierl, Michael) |
| Jan 22, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: jack good, JACOOL, JDDRUS, JDLLONG, JFG RACING, JIANXUS, JIEWEIJP, JIK Motorcycle Parts, JINQIU, JinYao, JIUHENGKANGFU, JIUNENG STORE, Jiyou oloud, Joygowe, JOYON_MALL, JQHNB, JULONG US, JUNTENGSHUMA, Kaixinuo, KEMiMOTO, Keyren, KIPA2007, KKE RACING, kkyinkking, Krace Race, Kungfu Graphics, kymlaa, La Vane, labwork-parts, Lefossi, Lenyi, LIBEIBEI, aibu, aiyingprice, amoywatches, ancm807731887, arashidh, arjunxu, auto_motorcycle_01, auto2011, automobiles789, automotiveelectroni, autopart_bright, beautifulshoeswall, beautyslimes, Best Chinese suppliers camp Digital Scale Digital Thermometer, bhfh, biaoliu, bielaiwuyang1666 and bigsky added to case caption. (Hierl, Michael) |
| Jan 22, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: bigtruck, bravebean, brotherpower1234, cangshou, carclothes, carmatzmg5147, carolinegirl, carpooling, cc_brandes, ciclismoufo, clhhilary, clothingenterprise, cnfit, cnths, cosy35, cyclingstar, dealbag, dh18shop327, dhgate_store_00, dhgate_store_44, dhgatekidshoesbags, dhgatesmaskoo, dhgatetop_company, dhpifa, dongfanghong1988, eesilv, enbabydhgatey, fbder, fengyune, fjallravengoodshop, foxexplorer, frenchfries2, fxh15873358738, guojigooshop, guoshu33, haihuanghe, heredo, hhdhgate, hithotwin, huansdgates, huantingying1404, hungrydhgate, jadhgate and jadi added to case caption. (Hierl, Michael) |
| 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 | 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 | 77 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's counsel is reminded to add all defendants listed on Schedule A [6] to the court's docket (see Dkt. entry [37]). Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Jan 22, 2021 | 78 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's response to Defendants 3y-parts and mata*parts' motion to dismiss [68] is due by 2/18/2021. Defendants' reply brief is due by 3/11/2021. (rao, ) |
| Jan 22, 2021 | 79 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's response to Defendant markmotor2015's motion to dismiss [69] is due by 2/18/2021. Defendant's reply brief is due by 3/11/2021. (rao, ) |
| Jan 22, 2021 | 80 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's response to Defendant KIPA2007's motion to dismiss [70] is due by 2/18/2021. Defendant's reply is due by 3/11/2021. (rao, ) |
| Jan 22, 2021 | 81 | order (1) Docket Text: ORDER: Defendant No. 97 hongqzha0 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. Defendant No. 176 Kungfu Graphics is dismissed with prejudice, and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [76] filed by Plaintiff on 1/22/2021. Signed by the Honorable Martha M. Pacold on 1/22/2021. Mailed notice (jh, ) |
| Jan 21, 2021 | 72 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendants 3y-parts and mataparts filed a motion to dismiss for failure to state a claim [68], 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 1/27/2021 a joint proposed briefing schedule per the motion procedures. (rao, ) |
| Jan 21, 2021 | 73 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendant markmotor2015 filed a motion to dismiss for failure to state a claim [69], 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 1/27/2021 a joint proposed briefing schedule per the motion procedures. (rao, ) |
| Jan 21, 2021 | 74 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant KIPA2007 filed a motion to dismiss for failure to state a claim [70], 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 1/27/2021 a joint proposed briefing schedule per the motion procedures. (rao, ) |
| Jan 20, 2021 | 67 | 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 | 68 | Main Document (2) Docket Text: MOTION by Defendants 3y-parts, mataparts to dismiss (Attachments: # (1) Memorandum of Law, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Lei, Ge) |
| Jan 20, 2021 | 68 | Memorandum of Law (13) |
| Jan 20, 2021 | 68 | Exhibit A (378) |
| Jan 20, 2021 | 68 | Exhibit B (460) |
| Jan 20, 2021 | 68 | Exhibit C (22) |
| Jan 20, 2021 | 69 | Main Document (2) Docket Text: MOTION by Defendant markmotor2015 to dismiss (Attachments: # (1) Memorandum of Law, # (2) Exhibit A, # (3) Exhibit B)(Lei, Ge) |
| Jan 20, 2021 | 69 | Memorandum of Law (13) |
| Jan 20, 2021 | 69 | Exhibit A (15) |
| Jan 20, 2021 | 69 | Exhibit B (22) |
| Jan 20, 2021 | 70 | Main Document (2) Docket Text: MOTION by Defendant KIPA2007 to dismiss (Attachments: # (1) Memorandum of Law, # (2) Exhibit A, # (3) Exhibit B)(Lei, Ge) |
| Jan 20, 2021 | 70 | Memorandum of Law (13) |
| Jan 20, 2021 | 70 | Exhibit A (11) |
| Jan 20, 2021 | 70 | Exhibit B (22) |
| Jan 20, 2021 | 71 | order (1) Docket Text: ORDER: Defendants No. 51 crazyqueen-2016 and No. 179 labwork-parts are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [67] filed by Plaintiff on 1/20/2021. Signed by the Honorable Martha M. Pacold on 1/20/2021. Mailed notice (jh, ) |
| Jan 13, 2021 | 65 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Jan 13, 2021 | 66 | order (1) Docket Text: ORDER: Defendant No. 138 heran-trading is 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 1/13/2021. Signed by the Honorable Martha M. Pacold on 1/13/2021. Mailed notice (aee, ) |
| Jan 11, 2021 | 62 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to both HIAORS AND LA VANE'S motions to dismiss[45], [48] is due by 1/22/2021. Defendants' reply briefs are due by 2/5/2021. (rao, ) |
| Jan 11, 2021 | 63 | 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 | 64 | order (1) Docket Text: ORDER: Defendant No. 177 kymlaa is hereby dismissed with prejudice and each party shall bear its own attorneys' fees and costs pursuant to the Notice of Voluntary Dismissal [63] filed by Plaintiff on 1/11/2021. Signed by the Honorable Martha M. Pacold on 1/11/2021. Mailed notice (jh, ) |
| Jan 8, 2021 | 60 | status report (3) Docket Text: STATUS Report by KTM AG (Hierl, Michael) |
| Jan 8, 2021 | 61 | status report (3) Docket Text: STATUS Report Status Report Regarding Briefing Schedule by KTM AG (Hierl, Michael) |
| Jan 7, 2021 | 56 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant KIPA2007 by Ge Lei (Lei, Ge) |
| Jan 7, 2021 | 57 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant markmotor2015 by Ge Lei (Lei, Ge) |
| Jan 7, 2021 | 58 | 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 | 59 | order on motion for miscellaneous relief (1) Docket Text: ORDER: Defendants ISSYAUTO at Line No. 149; JOYON_MALL at Line No. 165; KEMiMOTO at Line No. 170; and Lefossi at Line No. 180 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [53] filed by Plaintiff on 1/6/2021. Defendant J.H.T-US at Line No. 150 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [58] filed by Plaintiff on 1/7/2021. Plaintiff KTM Ag and Defendants ISSYAUTO and KEMiMOTO's motion for entry of agreed asset restraint order [35] is denied as moot. Signed by the Honorable Martha M. Pacold on 1/7/2021. Mailed notice (jh, ) |
| Jan 6, 2021 | 53 | 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 | 55 | order on motion for extension of time to file (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the letter from defendants mcmotoparts (defendant 130) and mfactory (defendant 132) requesting an extension of time in which to obtain counsel and file an opposition brief. [51]. The letter is dated 12/31/2020 but did not appear on the docket until 1/4/2021. The request for an extension of time [51] is granted. Defendants have until 1/19/2021 to obtain counsel and have counsel file an appearance. After defendants' counsel files an appearance, defendants' counsel should consult the court's motion procedures on the court's website, confer with Plaintiff, and submit by 1/22/2021 a joint proposed briefing schedule, per the motion procedures. Defendants risk entry of a default judgment if they do not timely comply with this order. (rao, ) |
| Jan 5, 2021 | 52 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants 3y-parts, mata*parts by Ge Lei (Lei, Ge) |
| Jan 4, 2021 | 49 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court previously ordered Plaintiff to file any reply to Defendant HIAORS's (defendant 139) objection by 12/30/2020 [39]. To date, Plaintiff has not filed a reply. Thus, the court takes the motion for preliminary injunction as to HIAORS under advisement on the basis of the briefs that have been filed, [26], [33]. Separately, Defendant HIAORS has now filed a motion to dismiss [45]. In accordance with the court's motion procedures on the court's website, the hearing noticed for 1/7/2021 [44] is stricken. The parties are directed to consult the court's motion procedures on the court's website, confer with each other, and submit by 1/8/2021 a joint proposed briefing schedule per the motion procedures. If the parties cannot agree on a joint schedule, they may submit separate proposals. If Plaintiff fails to submit or participate in the submission of a briefing schedule, or fails to file a timely response to HIAORS's motion to dismiss, Plaintiff's claims against HIAORS may be dismissed for want of prosecution. (rao, ) |
| Jan 4, 2021 | 50 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendant LA VANE (defendant 178) has filed a motion to dismiss or alternatively to modify the preliminary injunction [48]. In accordance with the court's motion procedures on the court's website, the hearing noticed for 1/7/2021 [47] is stricken. The parties are directed to consult the court's motion procedures on the court's website, confer with each other, and submit by 1/8/2021 a joint proposed briefing schedule per the motion procedures. If the parties cannot agree on a joint schedule, they may submit separate proposals. If Plaintiff fails to submit or participate in the submission of a briefing schedule, or fails to file a timely response to LA VANE's motion to dismiss, Plaintiff's claims against LA VANE may be dismissed for want of prosecution. (rao, ) |
| Jan 4, 2021 | 54 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by KTM AG (Document not scanned). (lw, ) |
| Dec 31, 2020 | 44 | notice of motion (2) Docket Text: NOTICE of Motion by Kevin K. Tung for presentment of before Honorable Martha M. Pacold on 1/7/2021 at 09:30 AM. (Tung, Kevin) |
| Dec 31, 2020 | 45 | Main Document (2) Docket Text: MOTION by Defendant HIAORS (Def 139) to dismiss (Attachments: # (1) Memorandum of law, # (2) Declaration, # (3) Exhibit, # (4) Declaration)(Tung, Kevin) |
| Dec 31, 2020 | 45 | Memorandum of law (15) |
| Dec 31, 2020 | 45 | Declaration (2) |
| Dec 31, 2020 | 45 | Exhibit (57) |
| Dec 31, 2020 | 45 | Declaration (4) |
| Dec 31, 2020 | 46 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant LA VANE (Def. 178) by Kevin K. Tung (Tung, Kevin) |
| Dec 31, 2020 | 47 | notice of motion (2) Docket Text: NOTICE of Motion by Kevin K. Tung for presentment of before Honorable Martha M. Pacold on 1/7/2021 at 09:30 AM. (Tung, Kevin) |
| Dec 31, 2020 | 48 | Main Document (3) Docket Text: MOTION by Defendant LA VANE (Def. 178) to dismiss (Attachments: # (1) Memorandum of law, # (2) Declaration, # (3) Exhibit, # (4) Declaration)(Tung, Kevin) |
| Dec 31, 2020 | 48 | Memorandum of law (16) |
| Dec 31, 2020 | 48 | Declaration (2) |
| Dec 31, 2020 | 48 | Exhibit (57) |
| Dec 31, 2020 | 48 | Declaration (4) |
| Dec 30, 2020 | 43 | terminate deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff and Defendants ISSYAUTO (defendant 149) and KEMIMOTO (defendant 170) are given until 1/8/2021 to submit the joint status report as directed in this Court's prior minute entry [40]. (rao, ) |
| Dec 23, 2020 | 42 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants capejasmine, fastshipday, gdutfactory by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Dec 19, 2020 | 41 | text entry (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:The court has received the letter from defendants mcmotoparts (defendant 130) and mfactory (defendant 132) [36], stating that they oppose plaintiff's motion for a preliminary injunction [25]. The letter was entered on the docket on 12/18/2020 and came to the court's attention after the court entered the preliminary injunction order [38]. However, the letter is dated 12/17/2020 and states that it was submitted by the 12/17/2020 deadline for objections set in the court's earlier order [29]. Thus, the court vacates the preliminary injunction [38] in part, only as to defendants mcmotoparts and mfactory, and not as to any other defendant, in order to allow mcmotoparts and mfactory an opportunity to retain counsel and file a brief in opposition to the preliminary injunction. As business entities, mcmotoparts and mfactory may not represent themselves. See, e.g., Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985). Accordingly, mcmotoparts and mfactory must retain counsel if they wish to participate in this action and file a brief in opposition to the motion for preliminary injunction. Mcmotoparts and mfactory have until 1/4/2021 for counsel to file an appearance on the docket and a brief in opposition to the motion for preliminary injunction. Plaintiff has until 1/11/2021 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 18, 2020 | 37 | order on motion for preliminary injunction (1) Docket Text: ORDER: Defendant HIAORS (defendant 139) filed a response [32] to the motion for preliminary injunction, and defendants ISSYAUTO (defendant 149) and KEMIMOTO (defendant 170) have filed an agreed asset restraint motion [35]. As to defendants HIAORS, ISSYAUTO, and KEMIMOTO, the motion for preliminary injunction [25] is continued. See separate minute entries for further proceedings as to defendants HIAORS, ISSYAUTO, and KEMIMOTO. As to all other defendants except for defendants HIAORS, ISSYAUTO, and KEMIMOTO: No other defendant filed an objection to the motion for preliminary injunction. Thus, the motion for preliminary injunction [25] is granted as to all defendants except for defendants HIAORS, ISSYAUTO, and KEMIMOTO. As to all defendants except for defendants HIAORS, ISSYAUTO, and KEMIMOTO, a preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. 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 [6] 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 12/18/2020. Mailed notice (jh, ) |
| Dec 18, 2020 | 38 | preliminary injunction (24) Docket Text: PRELIMINARY INJUNCTION Order signed by the Honorable Martha M. Pacold on 12/18/2020. Mailed notice (jh, ) |
| Dec 18, 2020 | 39 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: As to defendant HIAORS (defendant 139): Plaintiff has until 12/30/2020 to file a reply in support of the motion for a preliminary injunction [25], responding to defendant HIAORS's objections [33]. Plaintiff and HIAORS 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 18, 2020 | 40 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:As to defendants ISSYAUTO (defendant 149) and KEMIMOTO (defendant 170): The court has received the agreed asset restraint motion between plaintiff and defendants ISSYAUTO and KEMIMOTO [35]. The agreed motion does not make clear, however, whether the parties intend the agreed motion to resolve the motion for a preliminary injunction in its entirety, or whether the parties intend to resolve only the asset restraint issues raised by the motion for a preliminary injunction. Accordingly, by 12/22/2020, the parties should submit a joint status report proposing next steps in the case, such as entry of the current agreed asset restraint order, denial as moot of the motion for preliminary injunction as to defendants ISSYAUTO and KEMIMOTO, entry of a revised agreed proposed order addressing all issues raised by the motion for a preliminary injunction (including but not limited to the asset restrain), and/or an agreed briefing schedule on any other objections to the preliminary injunction that defendants ISSYAUTO and KEMIMOTO may wish to raise. (rao, ) |
| Dec 17, 2020 | 30 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants KEMIMOTO (DEF 170), ISSYAUTO (Def 149) by Erin Kathryn Russell (Russell, Erin) |
| Dec 17, 2020 | 31 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant HIAORS (Def 139) by Kevin K. Tung (Tung, Kevin) |
| Dec 17, 2020 | 32 | response in opposition to motion (2) Docket Text: RESPONSE by HIAORS (Def 139)in Opposition to MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction[25] (Tung, Kevin) |
| Dec 17, 2020 | 33 | Main Document (12) Docket Text: MEMORANDUM by HIAORS (Def 139) in Opposition to motion for preliminary injunction[25] (Attachments: # (1) Exhibit seller profile)(Tung, Kevin) |
| Dec 17, 2020 | 33 | Exhibit seller profile (3) |
| Dec 17, 2020 | 34 | Main Document (5) Docket Text: AFFIDAVIT by Defendant HIAORS (Def 139) in Opposition to MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction[25] (Attachments: # (1) Exhibit Seller Profile)(Tung, Kevin) |
| Dec 17, 2020 | 34 | Exhibit Seller Profile (3) |
| Dec 17, 2020 | 35 | motion for miscellaneous relief (2) Docket Text: MOTION by Defendants ISSYAUTO (Def 149), KEMIMOTO (DEF 170)Agreed Asset Restraint Motion (Russell, Erin) |
| Dec 17, 2020 | 36 | letter (1) Docket Text: LETTER from mcmotoparts & mfactory (Defendant number 130,132) dated 12/17/2020. (jh, ) |
| 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 | 28 | 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 10, 2020 | 29 | 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 a preliminary injunction [25] under advisement and will consider the motion unopposed if no defendant appears and objects by 12/17/2020. (rao, ) |
| Dec 9, 2020 | 25 | 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 9, 2020 | 26 | memorandum in support of motion (6) Docket Text: MEMORANDUM by KTM AG in support of motion for preliminary injunction[25] (Hierl, Michael) |
| Dec 9, 2020 | 27 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[25] (Hierl, Michael) |
| Dec 8, 2020 | 24 | Patent/Trademark report (8) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Nov 19, 2020 | 22 | order on motion to seal document (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: 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. (rao, ) |
| Nov 19, 2020 | 23 | temporary restraining order (24) Docket Text: TEMPORARY RESTRAINING ORDER, Document sealed. Signed by the Honorable Martha M. Pacold on 11/19/2020:(rao, ) |
| Nov 12, 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. (lxk, ) |
| Nov 12, 2020 | 1 | Main Document (17) Docket Text: COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 400, receipt number 0752-17638068. (Attachments: # (1) Exhibit 1)(Hierl, Michael) |
| Nov 12, 2020 | 1 | Exhibit 1 (7) |
| Nov 12, 2020 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Nov 12, 2020 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl (Hierl, Michael) |
| Nov 12, 2020 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac (Kalbac, William) |
| Nov 12, 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 12, 2020 | 6 | sealed document (15) Docket Text: SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A (Hierl, Michael) |
| Nov 12, 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 12, 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 12, 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 12, 2020 | 9 | Declaration Trunkenpolz/Sigl Declaration (8) |
| Nov 12, 2020 | 9 | Exhibit 1 (7) |
| Nov 12, 2020 | 9 | Declaration Hierl Declaration (3) |
| Nov 12, 2020 | 9 | Exhibit Hierl Exhibit 1 (11) |
| Nov 12, 2020 | 9 | Exhibit Hierl Exhibit 2 (20) |
| Nov 12, 2020 | 9 | Exhibit Hierl Exhibit 3 (33) |
| Nov 12, 2020 | 10 | sealed document (30) Docket Text: EXHIBIT 2 Part 1 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 11 | sealed document (30) Docket Text: EXHIBIT 2 Part 2 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 12 | sealed document (30) Docket Text: EXHIBIT 2 Part 3 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 13 | sealed document (30) Docket Text: EXHIBIT 2 Part 4 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 14 | sealed document (30) Docket Text: EXHIBIT 2 Part 5 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 15 | sealed document (30) Docket Text: EXHIBIT 2 Part 6 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 16 | sealed document (30) Docket Text: EXHIBIT 2 Part 7 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 17 | sealed document (30) Docket Text: EXHIBIT 2 Part 8 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 18 | sealed document (30) Docket Text: EXHIBIT 2 Part 9 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 19 | sealed document (30) Docket Text: EXHIBIT 2 Part 10 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 20 | sealed document (30) Docket Text: EXHIBIT 2 Part 11 of Trunkenpolz/Sigl Declaration by Plaintiff KTM AG. (Hierl, Michael) Modified on 12/22/2020 (jh, ). |
| Nov 12, 2020 | 21 | other (5) Docket Text: Notice of Claims Involving Trademarks by KTM AG (Hierl, Michael) |
