1:20-cv-07212
| 日期 | 描述 |
|---|---|
| 2024-09-04 | SATISFACTION of Judgment |
| 2024-02-12 | SATISFACTION of Judgment |
| 2024-01-26 | SATISFACTION of Judgment |
| 2023-10-17 | RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 5643. |
| 2023-10-05 | SATISFACTION of Judgment |
| 2023-09-29 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 9/29/2023. Mailed notice. |
| 2023-09-29 | ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 248. The motion 248 is granted. 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 of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of 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 |
| 2023-09-27 | STATUS Report by KTM AG |
| 2023-09-27 | CERTIFICATE of Service by Plaintiff KTM AG Proof of Service |
| 2023-09-20 | MINUTE entry before the Honorable Martha M. Pacold: By 9/27/2023, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise). |
| 2023-09-20 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 248 must enter an appearance and file a written objection by 9/29/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 2023-09-20 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to exceed page limitation 246 is granted. Plaintiff's brief has already been filed separately on the docket 249. |
| 2023-09-18 | DECLARATION of Michael A. Hierl regarding motion for default judgment 248 |
| 2023-09-18 | MEMORANDUM by KTM AG in support of motion for default judgment 248 |
| 2023-09-18 | 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 |
| 2023-09-18 | DECLARATION of William B. Kalbac Declaration of Service |
| 2023-09-18 | MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion for Leave to Exceed Page Limitation |
| 2023-09-05 | MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 9/5/2023. Only Plaintiff's counsel appears, and confirms that there is no need for discovery supervision or a settlement conference now that Defendants No. 10 ("alanzhu2015"), No. 28 ("bestsales0906") and No. 139 ("AnXin") have been dropped/dismissed from the case. These were the only defendants who filed answers/counterclaims. As to the remaining defendants, Plaintiff now expects to ask the district judge to enter a default judgment against them. In light of this, the referral is closed. Mailed notice |
| 2023-08-29 | Amended Schedule A by KTM AG |
| 2023-08-25 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 242, which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal 39 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 10 alanzhou2015; No. 28 bestsales0906; and No. 139 "AnXin" from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff should file a separate amended schedule A on the docket by 8/31/2023. |
| 2023-08-24 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice |
| 2023-08-01 | MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status and motion hearing held on 8/1/2023 as to Plaintiff's Motion to Compel Defendants to Comply with Deposition Notices 240 issued to Defendants AnXin, alanzhu2015, and bestsales0906. Defense counsel indicates that the delay stemmed from confusion and there is no opposition to the request to confirm dates and locations for these remote depositions. The motion is granted. The parties are to confer and file a joint status report by 8/4/2023 with the agreed dates and locations for the remote depositions. Telephone status hearing is set for 9/5/2023 at 9:30 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 2023-08-01 | MOTION by Plaintiff KTM AG to compel Plaintiff's Motion to Compel Defendants to Comply with Deposition Notices Presented before Magistrate Judge |
| 2023-07-11 | MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 7/10/2023 indicating that the deposition of defendants will occur remotely on 7/27/2023. Magistrate Judge telephone status is set on 8/1/2023 at 9:45 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 2023-07-10 | STATUS Report Joint Status Report by KTM AG Presented before Magistrate Judge |
| 2023-07-03 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AnXin, alanzhu2015, bestsales0906 |
| 2023-06-28 | MINUTE entry before the Honorable Sheila M. Finnegan: Motion hearing held (by video) on 6/28/2023. For reasons stated on the record, the Court issues the following rulings: (1) Plaintiff's Opposed Motion for a First Extension of Time to Respond to Defendants' Motion for Leave to Conduct Depositions Remotely 234 is denied; (2) Defendants' Motion for Leave to Conduct Depositions Remotely 232 is granted. By 7/10/2023, the parties are to file a joint status report on the topics addressed during today's hearing. Mailed notice |
| 2023-06-28 | MINUTE entry before the Honorable Sheila M. Finnegan: The hearing on Defendants' Motion for Leave to Conduct Depositions Remotely 232 set on 6/28/2023 at 11:30 a.m. will be held by video. The parties are to appear at the video hearing by accessing the following hyper link: https://us-courts.webex.com.join/sheila_finneganilnd.uscourts.gov. Parties that do not have access to a device with video capability and who intend to speak at the hearing must notify the courtroom deputy in advance and request the Court's permission to appear telephonically. Mailed notice |
| 2023-06-27 | MOTION by Plaintiff KTM AG for extension of time Plaintiffs' Opposed Motion for a First Extension of Time to Respond to Defendants' Motion for Leave to Conduct Depositions Remotely Presented before Magistrate Judge |
| 2023-06-27 | ATTORNEY Appearance for Defendants AnXin, alanzhu2015, bestsales0906 by Brian Swift |
| 2023-06-20 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906for leave to conduct depositions remotely Presented before Magistrate Judge |
| 2023-06-13 | MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 6/13/2023. Plaintiff's oral request for an additional 7 days (by 6/20/2023) to provide responses to interrogatories and production requests that were due by 5/26/2023 is granted over defendants' objection. Plaintiff is to issue amended 30(b)(6) notice by 6/20/2023 if the prior one did not include topics. The parties are unable to resolve a dispute over whether depositions of the Defendants' corporate representatives should proceed in person or by video. Defendants' brief in support of their objection to in-person depositions is due by 6/20/2023. Plaintiff's reply is due by 6/27/2023. Hearing is set on 6/28/2023 at 11:30 a.m. The Court will notify the parties as to whether the hearing will be held in courtroom 2214 or by video after reviewing the briefs. Mailed notice |
| 2023-04-28 | MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 4/28/2023 and continued to 6/13/2023 at 9:45 a.m. Plaintiff informs the Court that all defendants except No. 10 "alanzhu2015", No. 28 "bestsales0906" and No. 139 "AnXin" have either reached settlements with Plaintiff or had a default entered against them. As to the 3 remaining defendants, the parties have issued written discovery. The Court adopts their proposed discovery schedule as follows: the deadline for responses to interrogatories and production requests is 5/26/2023 and the deadline to complete depositions is 8/25/2023. The Court also requires the parties to issue any Rule 30(b)(6) notices by 6/9/2023 so they have time to confer on the topics. And they are to continue conferring about how depositions will be taken given that certain witnesses reside in the People's Republic of China. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons grant |
| 2023-04-24 | MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision and a settlement conference should the parties request one. Magistrate Judge telephone status is set on 4/28/2023 at 9:15 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 2023-04-21 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan 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. |
| 2023-04-19 | STATUS Report Joint Status Report by KTM AG |
| 2023-04-14 | NOTICE by KTM AG Notice of Filing |
| 2023-04-11 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [224] is granted. Defendants No. 105 hornesmile and No. 176 Dallhart are dismissed with prejudice. Plaintiff is directed to file an amended Schedule A on the docket by 4/14/2023. |
| 2023-04-10 | MOTION by Plaintiff KTM AG for leave to file Motion for Leave to File an Amended Schedule A |
| 2023-04-04 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' reassignment status report [221]. The parties are directed to file a joint status report by 4/18/2023 explaining how they seek to proceed with this case. Emailed notice. |
| 2022-12-29 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any quest |
| 2022-10-18 | STATUS Report Reassignment Status Report by KTM AG |
| 2022-10-11 | MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a reassignment joint status report by 10/18/2022. |
| 2022-10-06 | EXECUTIVE COMMITTEE ORDER: The Honorable Charles R. Norgle, Sr. has retired from regular active service as a United States District Judge effective October 4, 2022. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any case that was assigned to the Honorable Charles R. Norgle, Sr. and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/6/22. |
| 2022-07-11 | ORDER: Plaintiff's, KTM AG, Motion for Reconsideration 144 is granted and the bond shall be $10,000.00. On March 16, 2021, the Court granted Plaintiff's motion for temporary restraining order. Dkt. 24. Plaintiff posted a bond on injunction in the amount of $10,000.00. Dkt. 29. On June 22, 2021, the Court agreed with Defendants AnXin, alanzhu2015, and bestsales0906 ("Defendants"), to increase the bond to the total amount of funds restrained in Defendants' accounts, allegedly $107,691.71, and ordered Defendants support the proper amount of bond. Dkt. 87. Defendants argued the Court should increase the bond to $489,739.00, an amount reflecting projected lost profits. Dkt. 104 at 3. The Court ordered Plaintiff to respond by August 4, 2021. Dkt. 106. Plaintiff moved for an extension of time to August 11, 2021, which the court granted on August 9, 2021. Dkts. 119, 124. Plaintiff did not file a response, but on August 26, 2021, the parties entered an agreed order granting Defendants full acce |
| 2022-05-19 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 127 |
| 2022-05-17 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 11 |
| 2022-04-26 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 145 |
| 2022-03-24 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 2022-03-02 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 87 |
| 2022-03-01 | ORDER Signed by the Honorable Charles R. Norgle, Sr on 3/1/2022. Mailed notice |
| 2022-03-01 | ORDER Signed by the Honorable Charles R. Norgle, Sr on 3/1/2022. Mailed notice |
| 2022-02-21 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 2022-02-07 | MINUTE entry before the Honorable Charles R. Norgle: Unopposed motion for extension of time to file reply regarding Motion to dismiss by moving Defendant [208] is granted. Reply is due by 2/18/2022. Mailed notice |
| 2022-02-04 | MOTION by Defendants amaskpart_20, berider_cy, cycbike_ber for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, [184] (UNOPPOSED) |
| 2022-01-31 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 2022-01-21 | MINUTE entry before the Honorable Charles R. Norgle: Unopposed motion for extension of time to reply [205] is granted. Moving defendants to file reply by 2/4/2022. Mailed notice |
| 2022-01-21 | MOTION by Defendants amaskpart_20, berider_cy, cycbike_ber for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, [184] UNOPPOSED |
| 2022-01-14 | RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendants' Motion to Dismiss Pursuant to Federal Rule 12(b)(6) |
| 2022-01-13 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 2022-01-11 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's motion for a fifth extension of time respond to defendant's motion to dismiss [200] is granted. Plaintiff's response is due by 1/14/2022. Defendant's Reply is due by 1/21/2022. Mailed notice |
| 2022-01-11 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 165 |
| 2022-01-10 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a Fifth Extension of Time to Respond to Defendants' Motion to Dismiss |
| 2022-01-06 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's motion [198] for a fourth extension of time to respond to defendants' motion to dismiss is granted. Plaintiff's response to motion to dismiss [184] is due by 1/10/2022. Defendant's reply is due by 1/17/2022. Mailed notice |
| 2022-01-03 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a Fourth Extension of Time to Respond to Defendants' Motion to Dismiss |
| 2021-12-23 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's motion for a third extension of time to respond to defendants' motion to dismiss [196] is granted. Plaintiff's response to defendants' motion to dismiss [184] is due on 1/3/2022 and Defendants' replies are due by 1/17/2022. Mailed notice |
| 2021-12-20 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a Third Extension of Time to Respond to Defendants' Motion to Dismiss |
| 2021-12-17 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time [193] is granted. Response to Motion to Dismiss [184] is now due by 12/20/2021. Defendants' reply will be due on 1/3/2022.Mailed notice |
| 2021-12-14 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 122 |
| 2021-12-13 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a Second Extension of Time to Respond to Defendants' Motion to Dismiss |
| 2021-12-06 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 2021-12-03 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 202 |
| 2021-11-30 | MINUTE entry before the Honorable Charles R. Norgle:Plaintiff's Motion for Extension of Time until December 13, 2021 to Respond to Defendants' Motion to Dismiss [188] is granted. Defendants' reply will be due on December 27, 2021. Mailed notice |
| 2021-11-29 | ORDER: Defendant BHYShop's motion to vacate [112] is denied as moot, because BHYShop has been voluntarily dismissed with prejudice. Dkt. 131. Defendant Digital2Brother's motion to dismiss and dissolve preliminary injunction order [128] is denied as moot, because Digital2Vrother has been voluntarily dismissed with prejudice. Dkt. 160. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 11/29/2021. Mailed notice |
| 2021-11-29 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss |
| 2021-11-22 | RESPONSE by Plaintiff KTM AG Answer to Defendants' Counterclaim |
| 2021-11-18 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 2021-11-15 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's response to Defendants' Motion to Dismiss [184] is due on or before 11/29/2021. Defendants' reply is due on or before 12/6/2021. Mailed notice |
| 2021-11-11 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants 485motorsports, 667motorparts, 7_07211, aizomamotorparts, amaskpart_20, berider_cy, birdmanracing, bluebunnybike, bolonimotorsports, cadiaracing, commandoracing, cycbike_ber, egbmotorsports |
| 2021-11-10 | ORDER: Plaintiff KTM AG has filed a stipulation of voluntary dismissal with prejudice [182] ss to Defendant No. 129, "Aftermarket Moto Parts Factory Direct." The stipulation notes that it moots Defendant's pending motion to vacate the preliminary injunction in this case. Accordingly, for case control purposes, Defendant's motion to vacate [116] is denied as moot. Though not mentioned in the stipulation, Defendant also filed an "omnibus motion" to dismiss under Rule 41(b), to grant Defendant's motion to vacate, or alternatively to request a decision under Local Rule 78.5. That motion [157]is also denied as moot. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 11/10/2021. Mailed notice |
| 2021-11-10 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 2021-11-05 | RESPONSE by Plaintiff KTM AG Answer to Defendants' Counterclaim |
| 2021-11-05 | MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to file an answer to Defendants' Counterclaim Instanter [178] is granted. Mailed notice |
| 2021-11-05 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 2021-11-04 | MOTION by Plaintiff KTM AG for leave to file Plaintiff's Motion for Leave to File an Answer to Defendants' Counterclaim [Dkt. No. 161] Instanter |
| 2021-11-04 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 48 |
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