Case number 1:20-cv-07762
Rosati et al v. Rosati et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 22, 2022 | 121 | motion to withdraw as attorney (2) Docket Text: NOTICE OF WITHDRAWAL OF ATTORNEY by Attorney Lisa Jeanne Santaniello for Michael Rosati, William Rosati. No party information provided (Santaniello, Lisa) Docket Text Modified on 6/23/2022 (ef, ). |
| Jan 4, 2022 | 120 | order (2) Docket Text: ORDER signed by the Honorable John F. Kness on 1/4/2022: This matter is before the Court pursuant to Plaintiffs' Agreed Motion to Release Injunction Bond. For good cause shown, the Court respectfully directs the Clerk of the Court to disburse the principal plus interest of the $250,000.00 injunction bond deposited on September 1, 2021 by Jeffrey Rosati on behalf of Plaintiffs Michael and William Rosati to: Jeffrey Rosati, ROS V LLC, 28381 Davis Parkway Ste. 701, Warrenville, IL 60555. Mailed notice(ef, ) |
| Sep 7, 2021 | 89 | order (2) Docket Text: MODIFIED SCHEDULING ORDER signed by the Honorable John F. Kness on 9/7/2021. Mailed notice (ags) |
| Sep 1, 2021 | N/A | bond (0) Docket Text: BOND in the amount of $ $250,000.00 check receipt no. 4624261307 posted by Michael Rosati, William Rosati (sxh, ) |
| Aug 31, 2021 | 88 | order (1) Docket Text: ORDER signed by the Honorable John F. Kness on 8/31/2021: Plaintiffs shall deposit $250,000.00 with the Clerk of the Court into Courts Registry to secure the preliminary injunction ordered by this court. (ECF 85). The Clerk of the Court is directed to invest funds into CRIS (interest bearing account) until further order of the Court. Mailed notice(ef, ) |
| Aug 31, 2021 | 87 | order (1) Docket Text: ORDER ON AGREED MOTION FOR LEAVE TO DEPOSIT MONEY IN THE COURT signed by the Honorable John F. Kness on 8/31/2021. Mailed notice(ef, ) |
| Aug 31, 2021 | 86 | Exhibit A - Signed Registry Deposit Form (2) |
| Aug 31, 2021 | 86 | Main Document (4) Docket Text: MOTION by Plaintiffs Michael Rosati, William Rosati to deposit funds in the court to secure preliminary injunction (Attachments: # (1) Exhibit A - Signed Registry Deposit Form)(Santaniello, Lisa) |
| Aug 30, 2021 | 85 | preliminary injunction (6) Docket Text: PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 8/30/2021. Mailed notice(ef, ) |
| Aug 30, 2021 | 84 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Telephonic motion and status hearing held on 8/30/2021. As discussed on the record, the Court adopts the preliminary injunction order as proposed jointly by the parties (including the agreed modification to the bond language in Paragraph 9). Enter separate preliminary injunction order. For the reasons provided by the parties, good cause being shown under FRCP 16(b)(4), the Court will modify the existing case management order as recommended by the parties. A proposed scheduling order reflecting these modifications should be provided on or before 9/2/2021 and will be entered separately. A continued telephonic status hearing is set for 9/29/2021 at 10:15 a.m.; the parties shall use the same call-in information [83]. Mailed notice (ef, ) |
| Aug 20, 2021 | 83 | status hearing (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Status hearing held by telephone. As discussed on the record, the parties are to meet and confer regarding a proposed preliminary injunction order, the amount and nature of the security to be provided under FRCP 65(c), discovery concerning the financial information discussed at the hearing, and any other issues relevant to the forthcoming preliminary injunction. The Rosati Plaintiffs (collectively), Rosati Defendants (collectively), and Power Play Distributors may each file a brief of no more than 15 pages on or before 8/27/2021. A proposed preliminary injunction order (in MS Word format and redlined as appropriate) must be submitted by email to the Court's proposed order inbox on or before 8/27/2021. Continued telephonic status hearing is set for 8/30/2021 at 1:00 p.m. Call in information is 888-684-8852 and the access code is 3796759. Mailed notice (np, ) |
| Aug 19, 2021 | 82 | text entry (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Status hearing set for 8/20/2021 at 10:00 a.m. will proceed by telephone. Call in information is 888-684-8852 and the access code is 3796759. Mailed notice (np, ) |
| Aug 18, 2021 | 81 | memorandum opinion and order (32) Docket Text: MEMORANDUM Opinion and Order - Signed by the Honorable John F. Kness on 8/18/2021. [For further details see order] Mailed notice (np, ) |
| Aug 18, 2021 | 80 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable John F. Kness: For the reasons stated in the accompanying Memorandum Opinion and Order, which is being entered separately, Plaintiffs' motion for a preliminary injunction [28] is granted. The motions to dismiss of Defendants David and Anthony Rosati [61] and Power Play Distributors, LLC [63] are denied. Neither this minute order nor the Memorandum Opinion and Order constitutes an injunction. Rather, a status hearing is set for Friday 8/20/21 at 10:00 a.m. to consider how the parties and the Court can ensure the orderly and effective entry of a separate preliminary injunction order. Call in information is 888-684-8852 and the access code is 3796759. Mailed notice (np, ) |
| Aug 6, 2021 | 79 | order on motion for extension of time to amend (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiffs' Unopposed Motion for extension of time to amend pleadings [78] is granted. The deadline to amend pleadings is extended to 9/1/2021. Mailed notice (ef, ) |
| Aug 2, 2021 | 78 | motion for extension of time to amend (5) Docket Text: MOTION by Plaintiffs Michael Rosati, William Rosati for extension of time to amend (Santaniello, Lisa) |
| Jul 21, 2021 | 77 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Telephonic oral argument on the pending motions to dismiss [61] [63] held on 7/21/2021. As stated on the record, the motions are taken under advisement. Ruling to issue by mail. Mailed notice (ef, ) |
| Jul 13, 2021 | 76 | order on motion for extension of time to amend (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiffs' Agreed Motion for extension of time to file amended complaint [74] is granted. Plaintiffs amended complaint must be filed on or before 8/2/2021. Mailed notice (ef, ) |
| Jul 12, 2021 | 75 | transcript (57) Docket Text: TRANSCRIPT OF PROCEEDINGS held on 6/22/21 before the Honorable John F. Kness. Order Number: 41040. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, nlabella.ilnd@gmail.com. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/12/2021. Release of Transcript Restriction set for 10/11/2021. (Labella, Nancy) |
| Jul 8, 2021 | 74 | motion for extension of time to amend (3) Docket Text: MOTION by Plaintiffs Michael Rosati, William Rosati for extension of time to amend complaint (Santaniello, Lisa) |
| Jul 1, 2021 | 73 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: By request and agreement of the parties, the oral argument set for 7/13/2021 is stricken and reset for 7/21/2021 at 01:30 PM. Mailed notice (ef, ) |
| Jun 22, 2021 | 72 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Telephonic oral argument on the pending opposed motion for preliminary injunction [28] held on 6/22/2021. As stated on the record, the motion is taken under advisement. Ruling to issue by mail. The status hearing set for 7/13/2021 remains on the docket and will be held in person in Courtroom 1725. Should the 7/13 hearing prove unnecessary, the Court will strike or move the hearing by separate minute order. Mailed notice (ef, ) |
| Jun 21, 2021 | 71 | notice of filing (6) Docket Text: JOINT NOTICE by Michael Rosati, William Rosati of Supplemental Authority (Sieve, Brian) (Docket Text Modified by Clerk's Office on 6/22/2021) (pj, ). |
| Jun 15, 2021 | 70 | reply (6) Docket Text: REPLY by Defendant Power Play Distributors, LLC to response in opposition to motion, [66] Power Play Distributors, LLC's Reply in Support of Motion to Dismiss Amended Complaint (Etchingham, Patrick) |
| Jun 15, 2021 | 69 | reply to response to motion (28) Docket Text: REPLY by Anthony Rosati, David Rosati to response in opposition to motion, [66] Rosati Defendants' Reply in Support of Motion to Dismiss Amended Complaint (Molzberger, Michael) |
| Jun 11, 2021 | 68 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: The Court's minute entry at docket number [67] was entered in error and is hereby vacated. Motion hearing on Plaintiffs' opposed motion for preliminary injunction [28] set for 6/22/2021 at 10:00 a.m. Mailed notice (ef, ) |
| Jun 11, 2021 | 67 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Motion hearing set for 6/22/2021 is reset for 6/24/2021 at 10:45 AM. The parties shall use the same call-in information [48]. Mailed notice (ef, ) |
| Jun 2, 2021 | 66 | response in opposition to motion (30) Docket Text: RESPONSE by Michael Rosati, William Rosatiin Opposition to MOTION by Defendants David Rosati, Anthony Rosati to dismiss Amended Complaint[61], MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Power Play Distributors, LLC [63] (Sieve, Brian) |
| May 26, 2021 | 65 | Declaration Supp. Decl. of Wm. Rosati in Support of Plaintiffs' Motion for (8) |
| May 26, 2021 | 65 | Main Document (33) Docket Text: REPLY by Michael Rosati, William Rosati to response to motion[57], response in opposition to motion[58], memorandum in support of motion, [52], MOTION by Plaintiffs Michael Rosati, William Rosati for preliminary injunction (Opposed)[28] (Attachments: # (1) Declaration Supp. Decl. of Wm. Rosati in Support of Plaintiffs' Motion for Preliminary Injunction)(Sieve, Brian) |
| May 18, 2021 | 64 | memorandum in support of motion (9) Docket Text: MEMORANDUM by Power Play Distributors, LLC in support of Motion to Dismiss for Failure to State a Claim[63] (Etchingham, Patrick) |
| May 18, 2021 | 63 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Power Play Distributors, LLC (Etchingham, Patrick) |
| May 18, 2021 | 62 | Exhibit 4 (27) |
| May 18, 2021 | 62 | Exhibit 3 (27) |
| May 18, 2021 | 62 | Exhibit 2 (207) |
| May 18, 2021 | 62 | Exhibit 1 (217) |
| May 18, 2021 | 62 | Main Document (28) Docket Text: MEMORANDUM by Anthony Rosati, David Rosati in support of motion to dismiss[61] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Molzberger, Michael) |
| May 18, 2021 | 61 | motion to dismiss (3) Docket Text: MOTION by Defendants David Rosati, Anthony Rosati to dismiss Amended Complaint (Molzberger, Michael) |
| May 12, 2021 | 59 | Exhibit 3 (27) |
| May 12, 2021 | 59 | Exhibit 4 (27) |
| May 12, 2021 | 59 | Exhibit 5 (39) |
| May 12, 2021 | 59 | Exhibit 6 (217) |
| May 12, 2021 | 59 | Exhibit 7 (207) |
| May 12, 2021 | 59 | Exhibit 8 (238) |
| May 12, 2021 | 59 | Exhibit 9 (3) |
| May 12, 2021 | 59 | Exhibit 10 (9) |
| May 12, 2021 | 59 | Exhibit 11 (7) |
| May 12, 2021 | 59 | Exhibit 12 (6) |
| May 12, 2021 | 60 | declaration (5) Docket Text: DECLARATION of Darren Tristano regarding response in opposition to motion[58] (Morency, Paula) |
| May 12, 2021 | 59 | Exhibit 2 (5) |
| May 12, 2021 | 59 | Exhibit 1 (32) |
| May 12, 2021 | 59 | Main Document (15) Docket Text: DECLARATION of Anthony Rosati regarding response in opposition to motion[58] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12)(Morency, Paula) |
| Mar 30, 2021 | 28 | motion for preliminary injunction (3) Docket Text: MOTION by Plaintiffs Michael Rosati, William Rosati for preliminary injunction (Opposed) (Sieve, Brian) |
| Mar 29, 2021 | 27 | statement (3) Docket Text: Joint Statement Regarding Participation in the Voluntary Mediation Program for Lanham Act Cases STATEMENT by Anthony Rosati, David Rosati (Morency, Paula) |
| Mar 16, 2021 | 26 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Defendnats' unopposed motion for extension of time to answer [25] is granted. Defendants must answer or otherwise plead to Plaintiffs' complaint on or before 4/6/2021. The joint initial status report must be filed on or before 4/13/2021. The telephonic initial status hearing set for 4/9/2021 is stricken and reset for 4/20/2021 at 10:00 AM. The parties shall use the same call-in information [24]. Mailed notice (ef, ) |
| Mar 11, 2021 | 25 | extension of time (4) Docket Text: MOTION by Defendants Anthony Rosati, David Rosati for extension of time to Respond to Complaint (Morency, Paula) |
| Feb 24, 2021 | 24 | order (1) Docket Text: ORDER signed by the Honorable John F. Kness on 2/24/2021: Telephonic initial status hearing set for April 9, 2021 at 9:45 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than three business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, ) |
| Feb 3, 2021 | 23 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Agreed motion for extension of time to answer [22] is granted. Defendants must answer or otherwise plead to Plaintiffs' complaint on or before 3/16/2021. Mailed notice (ef, ) |
| Feb 3, 2021 | 22 | motion for extension of time to file answer (3) Docket Text: MOTION by Plaintiffs Michael Rosati, William Rosati for extension of time to file answer Agreed Motion for Extension of Time (Santaniello, Lisa) |
| Feb 2, 2021 | 21 | waiver of service executed (1) Docket Text: WAIVER OF SERVICE returned executed by Michael Rosati, William Rosati. Rosati's Franchise Systems, Inc. waiver sent on 12/29/2020, answer due 3/1/2021. (Sieve, Brian) |
| Jan 29, 2021 | 20 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Anthony Rosati, David Rosati by Kirstie Ann Brenson (Brenson, Kirstie) |
| Jan 29, 2021 | 19 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Anthony Rosati, David Rosati by Adam J. Diederich (Diederich, Adam) |
| Jan 29, 2021 | 18 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Anthony Rosati, David Rosati by Michael K Molzberger (Molzberger, Michael) |
| Jan 29, 2021 | 17 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Anthony Rosati, David Rosati by Paula J. Morency (Morency, Paula) |
| Jan 27, 2021 | 16 | other (3) Docket Text: Attorney Certification of Service of Lanham Act Mediation Materials by Power Play Distributors, LLC (Etchingham, Patrick) |
| Jan 27, 2021 | 15 | waiver of service executed (1) Docket Text: WAIVER OF SERVICE returned executed by Michael Rosati, William Rosati. David Rosati waiver sent on 12/29/2020, answer due 3/1/2021. (Sieve, Brian) |
| Jan 27, 2021 | 14 | waiver of service executed (1) Docket Text: WAIVER OF SERVICE returned executed by Michael Rosati, William Rosati. Anthony Rosati waiver sent on 12/29/2020, answer due 3/1/2021. (Sieve, Brian) |
| Jan 25, 2021 | 13 | waiver of service executed (1) Docket Text: WAIVER OF SERVICE returned executed by Michael Rosati, William Rosati. Power Play Distributors, LLC waiver sent on 12/29/2020, answer due 3/1/2021. (Sieve, Brian) |
| Jan 21, 2021 | 12 | other (3) Docket Text: Certification of Lanham Act Mediation Program Materials Being Provided to Plaintiffs and Counsel for Defendants by Michael Rosati, William Rosati (Santaniello, Lisa) |
| Jan 12, 2021 | 11 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Power Play Distributors, LLC by Patrick Etchingham (Etchingham, Patrick) |
| Jan 12, 2021 | 10 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Power Play Distributors, LLC by Cory D Anderson (Anderson, Cory) |
| Jan 12, 2021 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Power Play Distributors, LLC by Matthew Patrick Connelly (Connelly, Matthew) |
| Jan 8, 2021 | 8 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Attorney Lisa Santaniello's motion to appear pro hac vice [5] is granted. Mailed notice (ma,) |
| Jan 4, 2021 | 7 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (gcy, ) |
| Jan 4, 2021 | 6 | Patent/Trademark report (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (gcy, ) |
| Dec 29, 2020 | 5 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17784133. (Santaniello, Lisa) |
| Dec 29, 2020 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs Michael Rosati, William Rosati by Brian Douglas Sieve (Sieve, Brian) |
| Dec 29, 2020 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs Michael Rosati, William Rosati by Jordan Mitchell Heinz (Heinz, Jordan) |
| Dec 29, 2020 | 2 | civil cover sheet (2) Docket Text: CIVIL Cover Sheet (Heinz, Jordan) |
| Dec 29, 2020 | 1 | Exhibit F (3) |
| Dec 29, 2020 | 1 | Exhibit E (3) |
| Dec 29, 2020 | 1 | Exhibit D (5) |
| Dec 29, 2020 | 1 | Exhibit C (3) |
| Dec 29, 2020 | 1 | Exhibit B (2) |
| Dec 29, 2020 | 1 | Exhibit A (9) |
| Dec 29, 2020 | 1 | Main Document (32) Docket Text: COMPLAINT filed by Michael Rosati, William Rosati; Jury Demand. Filing fee $ 402, receipt number 0752-17783505. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Heinz, Jordan) |
| Dec 29, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (mxo, ) |
