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2020-cv-07212
| 日期 | 描述 |
|---|---|
| 09/04/2024 | SATISFACTION of Judgment |
| 02/12/2024 | SATISFACTION of Judgment |
| 01/26/2024 | SATISFACTION of Judgment |
| 10/17/2023 | RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 5643. |
| 10/05/2023 | MAILED Surety Bond, 29 previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail; Article No. 7019 2280 0000 0962 5643. |
| 10/05/2023 | SATISFACTION of Judgment |
| 10/05/2023 | MAILED Surety Bond, [29] previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail; Article No. 7019 2280 0000 0962 5643. |
| 09/29/2023 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 9/29/2023. Mailed notice. |
| 09/29/2023 | 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 ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. 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. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/29/2023. Mailed notice. |
| 09/27/2023 | STATUS Report by KTM AG |
| 09/27/2023 | CERTIFICATE of Service by Plaintiff KTM AG Proof of Service |
| 09/20/2023 | 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). |
| 09/20/2023 | 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. |
| 09/20/2023 | 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. |
| 09/18/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment 248 附件： 1:(Exhibit Hierl Exhibit 1) |
| 09/18/2023 | MEMORANDUM by KTM AG in support of motion for default judgment 248 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 09/18/2023 | 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 |
| 09/18/2023 | DECLARATION of William B. Kalbac Declaration of Service |
| 09/18/2023 | MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion for Leave to Exceed Page Limitation |
| 09/05/2023 | 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 |
| 08/29/2023 | Amended Schedule A by KTM AG |
| 08/25/2023 | 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. |
| 08/24/2023 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice |
| 08/01/2023 | 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 |
| 08/01/2023 | MOTION by Plaintiff KTM AG to compel Plaintiff's Motion to Compel Defendants to Comply with Deposition Notices Presented before Magistrate Judge |
| 07/11/2023 | 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 |
| 07/10/2023 | STATUS Report Joint Status Report by KTM AG Presented before Magistrate Judge |
| 07/03/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AnXin, alanzhu2015, bestsales0906 |
| 06/28/2023 | 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 |
| 06/28/2023 | 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 |
| 06/27/2023 | 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 |
| 06/27/2023 | ATTORNEY Appearance for Defendants AnXin, alanzhu2015, bestsales0906 by Brian Swift |
| 06/20/2023 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906for leave to conduct depositions remotely Presented before Magistrate Judge |
| 06/13/2023 | 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 |
| 04/28/2023 | 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 granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 04/24/2023 | 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 |
| 04/21/2023 | 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. |
| 04/19/2023 | STATUS Report Joint Status Report by KTM AG |
| 04/14/2023 | NOTICE by KTM AG Notice of Filing 附件： 1:(Amended Schedule A) |
| 04/11/2023 | 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. |
| 04/10/2023 | MOTION by Plaintiff KTM AG for leave to file Motion for Leave to File an Amended Schedule A |
| 04/04/2023 | 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. |
| 12/29/2022 | 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 questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. |
| 10/18/2022 | STATUS Report Reassignment Status Report by KTM AG |
| 10/11/2022 | MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a reassignment joint status report by 10/18/2022. |
| 10/06/2022 | 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. |
| 07/11/2022 | 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 access to their previously frozen Amazon accounts and limiting restrained funds to $30,000.00 instead of the allegedly restrained $107,691.71. On the same day, the Court ordered Plaintiff to increase the bond to $489,739.00 by September 15, 2021. Dkt. 13 7. Plaintiff filed this motion for reconsideration on September 9, 2021. Defendants' ability to conduct business and access to their financial accounts has been restored, except for the agreed $30,000 restriction. This constitutes a significant change in fact since the submission of the issue to the Court. Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990). The Court reconsiders its August 26, 2021 Order and sets the bond at $10,000.00 because Defendants can conduct business as usual with only an agreed restraint on funds. Signed by the Honorable Charles R. Norgle on 7/11/2022. Mailed notice. |
| 05/19/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 127 |
| 05/17/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 11 |
| 04/26/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 145 |
| 03/24/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 03/02/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 87 |
| 03/01/2022 | ORDER Signed by the Honorable Charles R. Norgle, Sr on 3/1/2022. Mailed notice |
| 03/01/2022 | ORDER Signed by the Honorable Charles R. Norgle, Sr on 3/1/2022. Mailed notice |
| 02/21/2022 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 02/07/2022 | 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 |
| 02/04/2022 | 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) |
| 01/31/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 01/21/2022 | 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 |
| 01/21/2022 | 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 |
| 01/14/2022 | RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendants' Motion to Dismiss Pursuant to Federal Rule 12(b)(6) 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit Group Exhibit F 7:Exhibit G |
| 01/13/2022 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 01/11/2022 | 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 |
| 01/11/2022 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 165 |
| 01/10/2022 | 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 |
| 01/06/2022 | 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 |
| 01/03/2022 | 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 |
| 12/23/2021 | 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 |
| 12/20/2021 | 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 |
| 12/17/2021 | 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 |
| 12/14/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 122 |
| 12/13/2021 | 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 |
| 12/06/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 12/03/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 202 |
| 11/30/2021 | 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 |
| 11/29/2021 | 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 |
| 11/29/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss |
| 11/22/2021 | RESPONSE by Plaintiff KTM AG Answer to Defendants' Counterclaim |
| 11/18/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 11/15/2021 | 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 |
| 11/11/2021 | 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 |
| 11/10/2021 | 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 |
| 11/10/2021 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 11/05/2021 | RESPONSE by Plaintiff KTM AG Answer to Defendants' Counterclaim |
| 11/05/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to file an answer to Defendants' Counterclaim Instanter [178] is granted. Mailed notice |
| 11/05/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 11/04/2021 | 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 附件： 1:Exhibit A |
| 11/04/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 48 |
| 11/03/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 184 |
| 11/01/2021 | ANSWER to Complaint, COUNTERCLAIM filed by cycbike_ber, 7_07211, amaskpart_20, berider_cy against KTM AG. by cycbike_ber, 7_07211, amaskpart_20, berider_cy |
| 10/28/2021 | ORDER: Plaintiffs opposed motion for extension of time to respond [171] is granted. Plaintiffs response to Defendant's motion [157] is due by November 10, 2021. Defendant's reply is due November 24, 2021. Signed by the Honorable Charles R. Norgle, Sr on 10/28/2021: Mailed notice |
| 10/28/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 10/27/2021 | RESPONSE by Aftermarket Moto Parts Factory Directin Opposition to MOTION by Plaintiff KTM AG for extension of time Plaintiff's Opposed Motion for Extension of time to Respond to Defendant's Motion to Grant Defendant's Motion to Vacate Preliminary Injunction or, Alternatively, Request for Decision Und[171] |
| 10/27/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Opposed Motion for Extension of time to Respond to Defendant's Motion to Grant Defendant's Motion to Vacate Preliminary Injunction or, Alternatively, Request for Decision Under LR78.5 |
| 10/21/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 123 |
| 10/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 10/06/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's response to Defendant Aftermarket Moto Parts Factory Direct's Omnibus Motion to Dismiss Motion to Grant Defendant's Motion to Vacate Preliminary Injunction or, Alternatively Request for Decision Under LR78.5 [157] is due on or before 10/27/2021. Defendant's Reply is due on or before 11/10/2021. No appearance is required on Friday, October 8, 2021. Mailed notice |
| 10/04/2021 | REPLY by Plaintiff KTM AG Plaintiff's Reply in Support of its Motion for Reconsideration of the August 26, 2021 Order [Dkt. No. 137] |
| 10/04/2021 | MINUTE entry before the Honorable Charles R. Norgle:Motion for extension of time to answer or otherwise plead [162] is granted. Motion for extension of time to answer or otherwise plead [164] is granted.The parties are not required to appear on Friday, October 8, 2021. Mailed notice |
| 10/04/2021 | (UNOPPOSED MOTION) NOTICE of Motion by Erin Kathryn Russell for presentment of motion for extension of time to file answer, [164] before Honorable Charles R. Norgle Sr. on 10/8/2021 at 10:30 AM. |
| 10/04/2021 | MOTION by Defendants 485motorsports, 667motorparts, aizomamotorparts, birdmanracing, bluebunnybike, bolonimotorsports, cadiaracing, commandoracing, egbmotorsports for extension of time to file answer regarding complaint[1] |
| 10/01/2021 | NOTICE of Motion by Erin Kathryn Russell for presentment of motion for extension of time to file answer, [162] before Honorable Charles R. Norgle Sr. on 10/8/2021 at 10:30 AM. |
| 10/01/2021 | MOTION by Defendants 485motorsports, 667motorparts, aizomamotorparts, birdmanracing, bluebunnybike, bolonimotorsports, cadiaracing, commandoracing, egbmotorsports for extension of time to file answer regarding complaint[1] |
| 10/01/2021 | ANSWER to Complaint, COUNTERCLAIM filed by commandoracing, birdmanracing, cadiaracing, egbmotorsports, bolonimotorsports, 485motorsports, bluebunnybike, aizomamotorparts, 667motorparts against KTM AG. by commandoracing, birdmanracing, cadiaracing, egbmotorsports, bolonimotorsports, 485motorsports, bluebunnybike, aizomamotorparts, 667motorparts |
| 10/01/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 10/01/2021 | ATTORNEY Appearance for Defendants 485motorsports, 667motorparts, aizomamotorparts, birdmanracing, bluebunnybike, bolonimotorsports, cadiaracing, commandoracing, egbmotorsports by Erin Kathryn Russell |
| 09/30/2021 | NOTICE of Motion by Shengmao Mu for presentment of motion for miscellaneous relief, [157] before Honorable Charles R. Norgle Sr. on 10/8/2021 at 10:30 AM. |
| 09/30/2021 | MOTION by Counter Claimant Aftermarket Moto Parts Factory Direct, Defendant Aftermarket Moto Parts Factory DirectOmnibus Motion to Dismiss under Fed. R. Civ. P. 41(b), Motion to Grant Defendant's Motion to Vacate Preliminary Injunction Under LR78.3 For Failure to File Brief, or alternatively Request for Decision under LR78.5. 附件： 1:Declaration Mu Declaration |
| 09/27/2021 | RESPONSE by AnXin, alanzhu2015, bestsales0906in Opposition to MOTION by Plaintiff KTM AG for reconsideration Plaintiff's Motion for Reconsideration of the August 26, 2021 Order [Dkt. No. 137][144] 附件： 1:Errata Unreported Opinions |
| 09/27/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/24/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/20/2021 | RESPONSE by Plaintiff KTM AG Plaintiff's Answer to Defendant's Counterclaim |
| 09/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/17/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time to file increased bond [149] is granted. Mailed notice |
| 09/17/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 16 |
| 09/15/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for Extension of Time to File Increased Bond |
| 09/13/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 09/13/2021 | MINUTE entry before the Honorable Charles R. Norgle: Defendants' response to Plaintiff's motion for reconsideration [144] is due on or before 9/27/2021. Plaintiff's reply is due on or before 10/4/2021. Mailed notice |
| 09/13/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 151 |
| 09/10/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 135 |
| 09/09/2021 | MOTION by Plaintiff KTM AG for reconsideration Plaintiff's Motion for Reconsideration of the August 26, 2021 Order [Dkt. No. 137] |
| 09/02/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss and Dissolve Preliminary Injunction [142] is granted. Plaintiff's time to respond is extended to and until September 10, 2021. Defendant's reply will be due on September 17, 2021. Mailed notice |
| 09/01/2021 | 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 and Dissolve Preliminary Injunction |
| 08/30/2021 | ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Aftermarket Moto Parts Factory Direct against KTM AG. by Aftermarket Moto Parts Factory Direct 附件： 1:Exhibit Exhibit A Defendant's Store Front 2:Exhibit Exhibit B Plaintiff's Admission of the Non-Infringement Use |
| 08/27/2021 | AGREED ASSET RESTRAINT ORDER Signed by the Honorable Charles R. Norgle, Sr on 8/27/2021. Mailed notice |
| 08/27/2021 | MINUTE entry before the Honorable Charles R. Norgle:Joint motion for entry of asset restraint order [138] is granted. Mailed notice |
| 08/26/2021 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906Entry of Asset Restraint Order JOINT |
| 08/26/2021 | ORDER: In response to Defendants, AnXin, bestsales0906, and alanzhu2015's motion to dissolve the preliminary injunction issued in favor of Plaintiff, KTM AG, the Court granted Defendants' alternative request to increase the bond supporting the injunction and ordered Defendants to submit a proposed order with accompanying documentation supporting the proper amount of the bond. Dkt. 87. Defendants did so in a memorandum, requesting that the Court increase the bond to $489,739.00 as Defendants' projected lost profits until the anticipated resolution of the preliminary injunction. Dkt. 104. The next day, the Court ordered Plaintiff to file a written response by August 4, 2021. Dkt. 106. Plaintiff requested an extension to August 11, 2021 to file its response, Dkt. 119, which the Court granted, Dkt. 124. However, Plaintiff has not filed a response. Accordingly, the Court increases the bond required to support Plaintiffs preliminary injunction against Defendants to $489,739.00. Plaintiff shall post the increased bond expeditiously and no later than September 15, 2021. ITIS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 8/26/2021. Mailed notice |
| 08/26/2021 | ORDER: The motion to dismiss [54] filed by Defendants aksy12, Alibrelo Parts Store, Allroundsupplier, ATRV-PARTS, BLUE ELF, BYS Technology, crbmotor2010, Dxent Parts, efarby, elifeparts, Enfieldcounty_au, Enfieldcounty_us, Fancer, Fun DIY, Go Wheel Racing, GUANYI-MOTOR, and henglis2013 is denied as moot based on the parties' stipulations of voluntary dismissal [109] [110][123]. The motion to dismiss [56] filed by Defendant FXCNC Racing is denied as moot based on the parties' stipulation of voluntary dismissal [94]. The motion to dismiss [62] filed by Defendant Bibowa Home is denied as moot based on the parties' stipulation of voluntary dismissal [102]. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 8/26/2021. Mailed notice |
| 08/26/2021 | MINUTE entry before the Honorable Charles R. Norgle:Motion for extension of time to answer or otherwise plead [121] is granted. Motion for extension of time to answer or otherwise plead [133] is granted.Mailed notice |
| 08/26/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/26/2021 | MOTION by Defendant Aftermarket Moto Parts Factory Direct for extension of time to file answer regarding complaint[1] |
| 08/20/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's response to Defendant's motion to dismiss and dissolve preliminary injunction order [128] is due on or before 9/3/2021. Defendant's reply is due on or before 9/10/2021. No appearance is required on Friday, August 27, 2021. Mailed notice |
| 08/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/19/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time to respond to Defendant's motion to vacate the preliminary injunction [126] is granted over objection. No appearance is required on Friday, August 27, 2021. Mailed notice |
| 08/18/2021 | NOTICE of Motion by Ge Lei for presentment of motion to dismiss, motion for miscellaneous relief[128] before Honorable Charles R. Norgle Sr. on 8/27/2021 at 10:30 AM. |
| 08/18/2021 | MOTION by Defendant Digital2Brother to dismiss, MOTION by Defendant Digital2BrotherMOTION TO DISMISS AND TO DISSOLVE PRELIMINARY INJUNCTION ORDER 附件： 1:Exhibit 2:Exhibit |
| 08/18/2021 | ATTORNEY Appearance for Defendant Digital2Brother by Ge Lei |
| 08/18/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Opposed Motion for Extension of Time to Respond to Defendant's Motion to Vacate the Preliminary Injunction |
| 08/10/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/09/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's unopposed motion for extension of time to respond to Defendant's memorandum in support of increasing the amount of bond [119] is granted. Mailed notice |
| 08/09/2021 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 08/06/2021 | NOTICE of Motion by Erin Kathryn Russell for presentment of motion for extension of time to file answer[121] before Honorable Charles R. Norgle Sr. on 8/13/2021 at 10:30 AM. |
| 08/06/2021 | MOTION by Defendants Faybuy, bikingboy, golfcartsparts for extension of time to file answer regarding complaint[1] UNOPPOSED |
| 08/05/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/04/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Memorandum in Support of Increasing the Amount of Bond |
| 08/04/2021 | MINUTE entry before the Honorable Charles R. Norgle:Plaintiff's response to Defendant's Motion to Vacate the Preliminary Injunction [116] is due on or before 8/18/2021. Defendant's reply is due on or before 9/8/2021. Mailed notice |
| 08/03/2021 | ATTORNEY Appearance for Defendant Aftermarket Moto Parts Factory Direct by Shengmao Mu |
| 08/03/2021 | MOTION by Defendant Aftermarket Moto Parts Factory Direct to vacate the Preliminary Injunction Order 附件： 1:Exhibit storefront screenshot 2:Exhibit plaintiff's admission |
| 08/02/2021 | MINUTE entry before the Honorable Charles R. Nogle: Plaintiff's response to Defendant's motion to vacate the preliminary injunction order [112] is due on or before 8/24/2021 Plaintiff's reply is due on or before 9/7/2021. No appearance is required on Friday, August 6, 2021. Mailed notice |
| 08/02/2021 | ATTORNEY Appearance for Defendants bikingboy, Faybuy, golfcartsparts by Erin Kathryn Russell |
| 07/30/2021 | NOTICE of Motion by Shengmao Mu for presentment of motion to vacate[112] before Honorable Charles R. Norgle Sr. on 8/6/2021 at 10:30 AM. |
| 07/30/2021 | MOTION by Defendant BHYShop to vacate Preliminary Injunction Order 附件： 1:Exhibit Exhibit A 2:Exhibit 1280 Transcript |
| 07/27/2021 | RESPONSE by Plaintiff KTM AG Answer to Defendants' Counterclaim |
| 07/27/2021 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal With Prejudice |
| 07/27/2021 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Leave to Reinstate |
| 07/27/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/23/2021 | STATUS Report Joint Status Report by KTM AG |
| 07/21/2021 | ORDER: Plaintiff shall file a written response to Defendants AnXin, bestsales0906, and alanzhu2015's Memorandum in Support of Defendants' Proposed Order increasing the Bond, Dkt. 104, by August 4, 2021. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 7/21/2021. Mailed notice |
| 07/21/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's Second Unopposed Motion for Extension of Time to Respond to Defendants Anxin, Bestsale0906, and Alanzhu2015's Counterclaim [103] is granted. Mailed notice. |
| 07/20/2021 | MEMORANDUM order on motion for miscellaneous relief, [87] by AnXin, alanzhu2015, bestsales0906 附件： 1:Declaration of Fuan Jin |
| 07/20/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Second Unopposed Motion for Extension of Time to Respond to Defendants AnXin, bestsale0906 and alanzhu2015's Counterclaim |
| 07/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate |
| 07/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 174 |
| 07/14/2021 | ATTORNEY Appearance for Defendants 4ez-shop, bhy-shop, BHYShop by Shengmao Mu |
| 07/14/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 60 |
| 07/09/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/08/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's unopposed motion for extension of time to respond to Defendants Anzin, Bestsales0906, and Alanzhu2015's Counterclaim [93] is granted. Plaintiff's motion for third extension of time to respond to Defendant's motions to dismiss [95] is granted. Unopposed motion for extension of time to file [96] is granted. Mailed notice |
| 07/06/2021 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906 for extension of time to file proposed order with accompanying documentation supporting the proper amount of bond, UNOPPOSED |
| 07/06/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for Third Extension of Time to Respond to Defendants' Motions to Dismiss |
| 07/06/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate |
| 07/06/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants AnXin, bestsales0906, and alanzhu2015's Counterclaim |
| 07/02/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/29/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's Second Motion for Extension of Time to Respond to Defendants' Motions to Dismiss [90] is granted. Mailed notice |
| 06/28/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Second Motion for Extension of Time to Respond to Defendants' Motions to Dismiss |
| 06/25/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/23/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/22/2021 | ORDER : Defendants' motion to dissolve the preliminary injunction [82] is granted in part and denied in part. The preliminary injunction is not lifted. However, the Court will increase the bond. Defendants argue that the bond should be set at the total amount of funds restrained in Defendants' accounts--allegedly, $107,691.71. Dkt. 82 at 13. Defendants shall, within 14 days of the entrance of this order, submit a proposed order with accompanying documentation supporting the proper amount of bond. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 6/22/2021. Mailed notice |
| 06/22/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time until June 28, 2021 to respond to Defendants' Motions to Dismiss [79] is granted. Defendants' time to reply is extended to and including July 6, 2021. Mailed notice |
| 06/17/2021 | AGREED ASSET RESTRAINT ORDER. Signed by the Honorable Charles R. Norgle, Sr on 6/17/2021. Mailed notice |
| 06/17/2021 | MINUTE entry before the Honorable Charles R. Norgle: Joint Motion for Entry of an Agreed Asset Restraint Order [80] is granted. No appearance is required on Friday, June 18, 2021. Mailed notice(ewf,) |
| 06/17/2021 | NOTICE of Motion by Adam Edward Urbanczyk for presentment of motion for miscellaneous relief, [82] before Honorable Charles R. Norgle Sr. on 6/25/2021 at 09:30 AM. |
| 06/17/2021 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906 to Dissolve Preliminary Injunction 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Declaration of Fuan Jin 6:Declaration of Pinpin Zhang 1 7:Declaration of Pinpin Zhang 2 8:Errata Unreported Opinions |
| 06/16/2021 | NOTICE of Motion by Erin Kathryn Russell for presentment of motion for miscellaneous relief, [80] before Honorable Charles R. Norgle Sr. on 6/18/2021 at 10:30 AM. |
| 06/16/2021 | MOTION by Defendants ATV-PARTS, Alibrelo Parts Store, BLUE ELF, BYS Technology, Dxent Parts, ElifeParts, Enfieldcounty_au, Enfieldcounty_us, FUN DIY, Fancer, GUANYI-MOTOR, Go Wheel Racing, Guangzhou Tencasi Trade Co., LTD, aksy12, allroundsupplier, crbmotor2010, efarbuy, hengli2013 for Entry of An Agreed Asset Restraint Order (JOINT MOTION) |
| 06/14/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for Extension of Time to Respond to Defendants' Motions to Dismiss |
| 06/13/2021 | ANSWER to Complaint and Affirmative Defenses, COUNTERCLAIM filed by AnXin, bestsales0906, alanzhu2015 against KTM AG. by AnXin, bestsales0906, alanzhu2015 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 |
| 06/11/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/10/2021 | ORDER: Defendant's Motion to Dissolve or Modify Preliminary Injunction [73] is denied as this time. Defendants do not cite a Federal Rule of Civil Procedure. The Court grants Defendants leave to refile an amended motion to dissolve or modify the preliminary injunction on or before June 18, 2021. Plaintiff shall respond to the motion on or before July 2, 2021. Defendant may reply on or before July 9, 2021. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on 6/10/2021. Mailed notice |
| 06/10/2021 | MINUTE entry before the Honorable Charles R. Norgle: The notice of motion hearing set for June 11, 2021 is stricken. The court will issue an order. The parties are not required to appear before the court on Friday, June 11, 2021. Mailed notice |
| 06/09/2021 | NOTICE of Motion by Erin Kathryn Russell for presentment of motion for miscellaneous relief, [73] before Honorable Charles R. Norgle Sr. on 6/11/2021 at 10:30 AM. |
| 06/09/2021 | MOTION by Defendants ATV-PARTS, Alibrelo Parts Store, BLUE ELF, BYS Technology, Dxent Parts, ElifeParts, FUN DIY, Fancer, GUANYI-MOTOR, Go Wheel Racing, aksy12, allroundsupplier, crbmotor2010, efarbuy, hengli2013 to Dissolve or Modify Preliminary Injunction 附件： 1:Exhibit A - KTM 1280 transcript - Judge Feinerman |
| 06/09/2021 | ATTORNEY Appearance for Defendant Guangzhou Tencasi Trade Co., Ltd. by Erin Kathryn Russell |
| 06/09/2021 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Charles R. Norgle, Sr on 6/9/2021: Mailed notice |
| 06/09/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion to dismiss [63] is withdrawn [69]. Mailed notice |
| 06/09/2021 | NOTICE of WIthdrawal of the motion to dismiss the plaintiff's complaint by Excursion. |
| 06/04/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/04/2021 | ATTORNEY Appearance for Defendant Guangzhou Tencasi Trade Co., LTD by Erin Kathryn Russell |
| 06/02/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/01/2021 | MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's responses to Defendants' Motions to Dismiss [62] and [63] by 6/14/2021. Defendants' Replies are due by 6/21/2021. Mailed notice |
| 05/27/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/26/2021 | MOTION by Defendant Excursion to dismiss Plaintiff's Complaint. |
| 05/26/2021 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Bibowa home |
| 05/25/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/25/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time and to unseal documents [57] is granted. Plaintiff's responses to Defendants' motions to dismiss [54] and [56] are due by 6/14/2021. Defendants' replies are due by 6/21/2021. No appearance is required on Friday, May 28, 2021. Mailed notice |
| 05/25/2021 | NOTICE of Motion by Erin Kathryn Russell for presentment of Motion to Dismiss for Failure to State a Claim, [54] before Honorable Charles R. Norgle Sr. on 5/28/2021 at 10:30 AM. |
| 05/24/2021 | NOTICE of Motion by Adam Edward Urbanczyk for presentment of extension of time[57] before Honorable Charles R. Norgle Sr. on 5/28/2021 at 10:30 AM. |
| 05/24/2021 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906 for extension of time and to unseal documents |
| 05/24/2021 | MOTION by Defendant FXCNC Racing to dismiss for lack of jurisdiction 附件： 1:Memorandum of Law 2:Declaration Tung Decl. 3:Exhibit A Seller Profile 4:Exhibit B Complaint 5:Exhibit C TRO 6:Exhibit D PI notification 7:Exhibit E Examples 8:Declaration Cai Decl. 9:Exhibit A Seller Profile |
| 05/24/2021 | NOTICE of Motion by Kevin K. Tung for presentment of before Honorable Charles R. Norgle Sr. on 5/28/2021 at 10:30 AM. |
| 05/23/2021 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants ATV-PARTS, Alibrelo Parts Store, BLUE ELF, BYS Technology, Dxent Parts, ElifeParts, Enfieldcounty_au, Enfieldcounty_us, FUN DIY, Fancer, GUANYI-MOTOR, Go Wheel Racing, aksy12, allroundsupplier, crbmotor2010, efarbuy, hengli2013 附件： 1:Exhibit A - Amazon Intellectual Property Policy for Sellers 2:Exhibit B - declaration of Zhifei Lin 3:Exhibit C - declaration of Cailin Cheng 4:Exhibit D - declaration of Xinyang Huang 5:Exhibit E - declaration of Zhiyun Yang 6:Exhibit F - declaration of Zhang Zoulin 7:Exhibit G - declaration of Zhixu Yang 8:Exhibit H - declaration of Chunyan Huang |
| 05/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/18/2021 | ANSWER to Complaint, COUNTERCLAIM filed by Enfieldcounty_au, ATV-PARTS, hengli2013, efarbuy, allroundsupplier, aksy12, OTELAS, ElifeParts, Dxent Parts, Enfieldcounty_us, crbmotor2010, Fancer, BYS Technology, Go Wheel Racing, Alibrelo Parts Store, GUANYI-MOTOR, FUN DIY, BLUE ELF against KTM AG. by Enfieldcounty_au, ATV-PARTS, hengli2013, efarbuy, allroundsupplier, aksy12, OTELAS, ElifeParts, Dxent Parts, Enfieldcounty_us, crbmotor2010, Fancer, BYS Technology, Go Wheel Racing, Alibrelo Parts Store, GUANYI-MOTOR, FUN DIY, BLUE ELF 附件： 1:Exhibit A - crbmotor evidence 2:Exhibit B - efarbuy evidence 3:Exhibit C - enfieldcounty_au and enfieldcounty_us evidence 4:Exhibit D - guanyi-motor evidence 5:Exhibit E - hengli2013 evidence 6:Exhibit D- aksy12 evidence 7:Exhibit E - Alibrelo Parts Store evidence 8:Exhibit F - allroundsupplier evidence 9:Exhibit G - ATV-PARTS evidence 10:Exhibit H - BLUE ELF evidence 11:Exhibit I - BYS Technology evidence 12:Exhibit J - Dxent Parts evidence 13:Exhibit K - ELIFEPARTS evidence 14:Exhibit L - Fancer evidence 15:Exhibit M - Fun DIY evidence 16:Exhibit N - Go Wheel Racing evidence |
| 05/17/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time to answer or otherwise plead [49] is granted. Mailed notice |
| 05/17/2021 | MINUTE entry before the Honorable Charles R. Norgle: Joint status Report is due on 7/14/2021. Mailed notice |
| 05/13/2021 | MOTION by Defendants ATV-PARTS, Alibrelo Parts Store, BLUE ELF, BYS Technology, Dxent Parts, ElifeParts, Enfieldcounty_au, Enfieldcounty_us, FUN DIY, Fancer, GUANYI-MOTOR, Go Wheel Racing, KKE RACING, KKE Racing Home, OTELAS, XSPANDER, aksy12, allroundsupplier, crbmotor2010, efarbuy, hengli2013 for extension of time to file answer regarding complaint[1] (Second Unopposed Motion) |
| 05/12/2021 | ATTORNEY Appearance for Defendants hengli2013, crbmotor2010 by Erin Kathryn Russell |
| 05/12/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/05/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time to [41] is granted. Mailed notice |
| 05/05/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time [42] is granted. Motion for extension of time to [44] is granted. Mailed notice |
| 05/04/2021 | MOTION by Defendant FXCNC Racing for extension of time to file answer regarding summons returned executed[30], complaint[1] unopposed |
| 05/04/2021 | ATTORNEY Appearance for Defendant FXCNC Racing by Kevin K. Tung |
| 05/04/2021 | MOTION by Defendants AnXin, alanzhu2015, bestsales0906 for extension of time Unopposed |
| 05/03/2021 | MOTION by Defendants ATV-PARTS, Alibrelo Parts Store, BLUE ELF, BYS Technology, Dxent Parts, ElifeParts, Enfieldcounty_au, Enfieldcounty_us, FUN DIY, Fancer, GUANYI-MOTOR, Go Wheel Racing, KKE RACING, KKE Racing Home, OTELAS, XSPANDER, aksy12, allroundsupplier, efarbuy for extension of time to file answer regarding complaint[1] (UNOPPOSED) |
| 05/03/2021 | ATTORNEY Appearance for Defendant XSPANDER by Erin Kathryn Russell |
| 04/30/2021 | ATTORNEY Appearance for Defendants AnXin, alanzhu2015, bestsales0906 by Adam Edward Urbanczyk |
| 04/29/2021 | ATTORNEY Appearance for Defendants ATV-PARTS, efarbuy, Enfieldcounty_au, Enfieldcounty_us, Go Wheel Racing, GUANYI-MOTOR, KKE RACING, KKE Racing Home, OTELAS by Erin Kathryn Russell |
| 04/29/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 04/21/2021 | ATTORNEY Appearance for Defendants Dxent Parts, aksy12, Alibrelo Parts Store, Fancer, BLUE ELF, BYS Technology, FUN DIY, ElifeParts, allroundsupplier by Erin Kathryn Russell |
| 04/19/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for preliminary injunction 31 is granted. Mailed notice |
| 04/16/2021 | ATTORNEY Appearance for Defendant Bibowa home by Lingzhi Zhao |
| 04/14/2021 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31 |
| 04/14/2021 | MEMORANDUM by KTM AG in support of motion for preliminary injunction 31 |
| 04/14/2021 | MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 04/13/2021 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 04/13/2021 | SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/13/2021, answer due 5/4/2021. |
| 04/13/2021 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 04/08/2021 | BOND on Injunction in the amount of $ 10,000.00 posted by KTM AG. (Document not imaged) |
| 04/06/2021 | ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray |
| 03/25/2021 | ORDER to extend the Temporary Restraining Order signed by the Honorable Charles R. Norgle, Sr on 3/25/2021. Mailed notice |
| 03/25/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time 25 is granted. The temporary restraining order is extended for a period of fourteen (14) days to and including April 13, 2021. Mailed notice |
| 03/25/2021 | MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
| 03/16/2021 | MINUTE entry before the Honorable Charles R. Norgle: Motion to file under seal 5 is granted. Motion for leave to file excess pages 7 is granted. Motion for temporary restraining order 8 is granted. Mailed notice |
| 12/29/2020 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 12/07/2020 | Notice of Claims Involving Trademarks by KTM AG |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 12 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 11 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 10 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 9 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 8 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 7 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz/Sigl Declaration |
| 12/07/2020 | MEMORANDUM by KTM AG in support of motion for temporary restraining order, 8 附件： 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 |
| 12/07/2020 | 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 |
| 12/07/2020 | MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 12/07/2020 | CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 12/07/2020 | SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A |
| 12/07/2020 | MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal |
| 12/07/2020 | ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac |
| 12/07/2020 | ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl |
| 12/07/2020 | CIVIL Cover Sheet |
| 12/07/2020 | COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 402, receipt number 0752-17712449. 附件： 1:Exhibit 1 |
