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2021-cv-01379

KTM Ag v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:

法院:伊利诺伊州北区法院

品牌:KTM AG摩托车

律所:HSP

日期 描述
03/27/2025 MAILED Trademark report with certified copy of minute order dated 3/27/2025 to Patent Trademark Office, Alexandria VA
03/27/2025 ENTERED JUDGMENT Mailed notice(gel,)
03/27/2025 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic show cause hearing held. For the reasons stated on the record, Plaintiff KTM AG's complaint 1 and Defendant No. 57 ("wolf002")'s counterclaim 97 are dismissed with prejudice pursuant to Plaintiff's consent to dismissal 222 and for Defendant's failure to comply with court orders. All pending deadlines and hearings, including the final pretrial conference set for 3/31/25 and trial set to begin 4/7/25 216, are stricken. Civil case terminated. Mailed notice (gel,) (Main Document 226 replaced on 3/27/2025).
03/26/2025 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the parties' responses [223] [224] to the order to show cause [220] and Defendant wolf002's motion to appear remotely [221], the show cause hearing set for 3/27/25 at 9:00AM is converted from in-person to telephonic. Attorneys/parties may appear by dialing: 650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Failure to appear at the hearing will result in dismissal of the action with prejudice. Emailed notice
03/26/2025 RESPONSE to Order to Show Cause to set/reset hearings, [220]
03/26/2025 RESPONSE by Plaintiff KTM AG Plaintiff's Response to the Court's Rule to Show Cause [220]
03/26/2025 by KTM AG Plaintiff's Consent to Dismissal of Defendant No. 57 "WOLF002"
03/25/2025 MOTION by Defendant wolf002 (No. 57), Counter Claimants wolf002 (No. 57), wolf002 (No. 57) to set/reset hearings, 220 Request to Conduct Hearing Online Modified on 3/25/2025.
03/25/2025 MINUTE entry before the Honorable LaShonda A. Hunt: The pretrial order filed by Defendant No. 57 (wolf002) 219 does not comply with this Court's orders and Pretrial Procedures in Civil Cases. Accordingly, each party is ordered to file a written response showing cause why the action should not be dismissed with prejudice for failure to comply with court orders by 3/26/25 at 3:00PM. This matter is set for an in-person show cause hearing on 3/27/25 at 9:00AM in Courtroom 1425. Failure to respond in writing and to appear at the hearing will result in dismissal of the action with prejudice. Mailed notice (gel,)
03/11/2025 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's unopposed motion for a first extension of time to file motions in limine 217 was not noticed for presentment in accordance with this Court's case management procedures and should be summarily stricken. However, the motion 217 will be denied. On 1/10/25 the Court entered an order 1/10/25 214 admonishing the parties that the trial deadlines "are firm and will not be reset or stricken unless the parties effectuate a binding settlement." On 2/10/25, Judge Cole entered an order 215 cancelling an expedited settlement conference because, due to the parties' respective demands, a conference would serve no useful purpose. Plaintiff waited until 3/10/25, the day motions in limine were due, to file this extension motion and bases the request solely on the fact that a settlement conference is scheduled for 3/13/25. In light of the earlier warning that an extension would not be allowed absent a binding settlement and the recent failed settlement attempt, the mere scheduling of a settlement conference is not sufficient grounds for an extension. Indeed, the motion provides no basis for the Court to hope that this latest settlement endeavor will be fruitful. The pretrial submission deadlines and trial date stand and will not be stricken absent a stipulation of dismissal signed by counsel. Counsel is reminded to review and comply with all court procedures. For future reference, non-compliant motions will be summarily stricken. Mailed notice (gel,)
03/10/2025 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File Motions in Limine
02/12/2025 MINUTE entry before the Honorable LaShonda A. Hunt: In light of Judge Cole's order 215 terminating the expedited referral because settlement is not a realistic possibility, this case will proceed to trial as scheduled. Due to a conflict with the Court's calendar, however, the 3-day jury trial scheduled to begin on 4/18/25 is reset for 4/7/25 at 9:00AM in Courtroom 1425; and the final pretrial conference scheduled for 4/2/25 is reset for 3/31/25 at 9:30AM in Courtroom 1425. All other dates 214 stand and are firm. Mailed notice (gel,)
02/10/2025 MINUTE entry before the Honorable Jeffrey Cole: I have reviewed the parties' settlement letters. Each side is demanding payment. I then caused inquiry to be made to the respective counsel as to their client's insistence that each was demanding payment and would under no circumstances be willing to resolve the case unless payment were made to it. A settlement conference under these circumstances would serve no useful purpose and "[T]he law does not demand the impossible or require the ineffectual and pointless." United States v. Topouzian, 2021 WL 5882204, at *6 (N.D. Ill. Dec. 13, 2021). Accordingly, the settlement conference previously set for 2/11/25 is cancelled, the referral closed and the case returned to Judge Hunt. Emailed notice
01/10/2025 MINUTE entry before the Honorable LaShonda A. Hunt: On 12/26/24, this Court granted Plaintiff's motion for a second extension of time to file a joint status report with proposed trial dates; once again, however, the parties failed to do so. The Court warned that noncompliance would result in a trial schedule being set without their input 211. Accordingly, this case is set for a 3-day jury trial to begin on 4/18/25 at 9:00AM in Courtroom 1425. The following schedule governs submission of pretrial filings: (1) Motions in limine due by 3/10/25; (2) Responses to motions in limine due by 3/17/25; (3) Final pretrial order due by 3/24/25; and (4) Final pretrial conference scheduled for 4/2/25 at 10:30AM in Courtroom 1425. Parties must review and comply with the Pretrial Procedures in Civil Cases and familiarize themselves with the Jury Selection in Civil Cases and Trial Guidelines, all of which can be found on Judge Hunt's webpage on the court website. These dates are firm and will not be reset or stricken unless the parties effectuate a binding settlement. Mailed notice (gel,)
01/10/2025 MINUTE entry before the Honorable Jeffrey Cole: At the parties' request, a settlement conference is set for 2/11/25 at 9:00am and will be by video. Instructions for the video conference will be sent closer to the settlement date. The parties' counsel must review and comply with this court's Standing Order for Settlement Conference, which appears on the court's website. The requirement of attendance by someone with FULL AUTHORITY is not satisfied by attendance of the general counsel or someone from his/her office, although that person is certainly entitled to attend and is welcome to participate in the conference. Nor is it satisfied by attendance of a person who must make a phone call to get permission to settle the case in excess of some predetermined amount. Also, each side should include in their settlement documents the results in comparable cases. Plaintiff should serve defendant with their settlement letter no later than 1/23/25. The plaintiff must include the basis for and how he arrived at the damages being claimed. A demand of 100 cents on the dollar is not a good faith demand. Similarly, an offer of zero is not an appropriate offer. See my Standing Order online. Likewise, defendant will respond to plaintiff's demand by 2/6/25. Each party shall transmit copies of their respective memorandum by email to my courtroom deputy, at Yulonda_Thomas@ilnd.uscourts.gov, on or before 2/6/25. The submissions are NOT to be filed on the docket. Any change in the settlement conference date must be approved by the court, pursuant to an appropriate WRITTEN MOTION, based upon a showing of good cause. Emailed notice
12/27/2024 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
12/26/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for a Second Extension of Time to File a Joint Status Report 209 is granted. The joint status report is due by 12/30/24. This is the final extension. If the parties do not indicate their trial preferences, the Court will set a trial schedule without their input. No appearance is necessary on 1/7/25. Emailed notice.
12/23/2024 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 209 before Honorable LaShonda A. Hunt on 1/7/2025 at 10:00 AM.
12/23/2024 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a Second Extension of Time to File a Joint Status Report Presented before District Judge
12/20/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for a First Extension of Time to File a Joint Status Report 207 was not accompanied by the required notice of presentment and should be summarily stricken. But to avoid any further delay and because the requested extension is brief, the Court will consider and grant the motion 207. The joint status report is due by 12/23/24. Emailed notice.
12/19/2024 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a First Extension of Time to File a Joint Status Report Presented before District Judge
12/18/2024 MINUTE entry before the Honorable Jeffrey Cole: Judge Hunt has referred this case here for a settlement conference. 204 and 205. The settlement conference will be by WebEx video. Counsel are requested to select a mutually convenient date, which my courtroom deputy will provide for a settlement conference, and to email my courtroom deputy, Yulonda Thomas at Yulonda_Thomas@ilnd.uscourts.gov, not later than 1/3/25. After a date is selected, instructions on proceeding further will be entered on the docket. Emailed notice
12/11/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Ruling on motion hearing held. Counsel for Plaintiff and Counsel for Defendant No. 57 "wolf002" appeared. For the reasons stated on the record, Plaintiff's Motion for Summary Judgment and Statutory Damages Award as to Defendant No. 57 "WOLF002" 172 is denied. At the request and by agreement of the parties, this case is referred to the Magistrate Judge for a settlement conference. An expedited referral will be entered today. In the meantime, by 12/19/24, the parties are to meet and confer and file a joint status report addressing the following: (1) state whether this will be a bench trial or jury trial; (2) estimate the number of trial days needed; (3) provide at least 4 sets of blocks of available dates for counsel and witnesses from July 2025 through September 2025; and (4) any other pertinent information the Court should know. The Court will set a firm trial date after reviewing the report. Emailed notice.
12/11/2024 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to settlement conference. Emailed notice.
12/02/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic oral ruling on Plaintiff's Motion for Summary Judgment and Statutory Damages Award as to Defendant No. 57 "WOLF002" set for 12/11/24 at 9:30AM. Attorneys/parties may appear by dialing: 650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Emailed notice.
06/24/2024 MINUTE entry before the Honorable Jeffrey Cole: On January 30, 2024 I granted the Plaintiff's Motion for Attorneys Fees 170 incurred in connection with an earlier settlement conference and ordered that the plaintiff submit an itemization of the fees incurred. 180. The plaintiff did so six weeks later. 192. The defendant, identified in the Complaint as No. 57, Wolf002 and which had filed an Answer moved to Vacate Award of Fees two days later. 193. Among other things, it contended that the fee award was granted without the defendant having had a chance to respond. The Motion also argued that in any event, the earlier entry for 11/13/23 claiming 2.9 hours in connection with the preparation for and attendance at the settlement conference and email correspondence with counsel was grossly inflated. In addition, it argued counsel should not be awarded anything exceeding 1 hour, instead of the 2.9 hours claimed by the plaintiff. The Motion to Vacate also argued that the total amount requested by the plaintiff should further be reduced by an additional 3.8 hours in the amount of $1,900 for the entries relating to the preparation of the Motion for Fees and Sanctions. [193 at 7]. In other words, the defendant seeks a reduction of $2,738 from $3854. On June 20, 2024, Judge Hunt entered an Order of Default against the non participating defendants which had never responded to the plaintiff's Motion for Entry of Default Judgment or otherwise participated in the case. 201. The instant defendant identified as Wolf002 No. 57 was not, of course, included in that default since it had answered. The defendant's Motion to Vacate 193 is denied. All matters relating to the referral having been accomplished, the referral is closed and the case returned to Judge Hunt. Emailed notice
06/20/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 6/20/2024. Mailed notice.
06/20/2024 MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant listed on Amended Schedule A has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 182 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $15,000 is an appropriate award of statutory damages against each remaining defendant in Amended Schedule A. Enter Default Final Judgment Order. Mailed notice.
04/05/2024 REPLY by wolf002 (No. 57) to Response 197 Defendant's Reply to Plaintiff's Response to Defendant's Petition to Vacate Order
03/28/2024 REPLY by Plaintiff KTM AG Plaintiff's Reply in Support of it's Motion for Summary Judgment and a Statutory Damages Award as to Defendant No. 57 "WOLF002"
附件:
1:(Exhibit A)
03/28/2024 RESPONSE by Plaintiff KTM AG Plaintiff's Response to the Petition to Vacate Order Awarding Plaintiff Attorney Fees and Sanctions Against Defendant No. 57 "WOLF002" [Dkt. No. 93]
03/22/2024 MINUTE entry before the Honorable Jeffrey Cole: Judge Hunt has referred 194 to me for ruling. Accordingly the plaintiff is to respond to motion 193 by close of business 03/29/2024. Any reply, if one is deemed necessary, will be due 04/05/2024. Mailed notice.
03/20/2024 EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1 for discovery motion(s): Defendant's Petition to Vacate Order Awarding Plaintiff Attorney Fees and Sanction Against Defendant Related to Settlement Conference 193. Signed by Executive Committee on 3/20/2024.
03/18/2024 MINUTE entry before the Honorable LaShonda A. Hunt: On 1/30/24, Magistrate Judge Cole granted in part Plaintiff's Petition for Attorney Fees and Sanctions Against Defendant No. 57 "WOLF002" 180. Judge Cole ordered Plaintiff to file a properly itemized statement of compensable fees consistent with his order, and Plaintiff did so on 3/12/24 192. On 3/14/24, Defendant wolf002 filed a Petition to Vacate Order Awarding Plaintiff Attorney Fees and Sanction Against Defendant Related to Settlement Conference 193. Because Defendant wolf002's objection should be considered by Judge Cole in the first instance, the motion 193 is referred to the Magistrate Judge for ruling. Emailed notice.
03/14/2024 MOTION by Defendant wolf002 (No. 57) to vacate order on motion for attorney fees, set/clear flags, terminate referral, 180
附件:
1:Declaration Declaration of Defendant's Manager
2:(Declaration Declaration of Weisun Rao)
03/12/2024 MEMORANDUM by KTM AG Memorandum in Support of Plaintiff's Petition for Attorney Fees and Sanctions Against Defendant No. 57 "WOLF002"
附件:
1:Exhibit A
2:Exhibit B
3:(Exhibit C)
03/07/2024 RESPONSE by wolf002 (No. 57)in Opposition to MOTION by Plaintiff KTM AG Plaintiff's Motion for Summary Judgment and Statutory Damages Award as to Defendant No. 57 "WOLF002" 172
附件:
1:(Declaration Exhibit A - Declaration of Sifeng Wen (Manager))
03/07/2024 CERTIFICATE of Service by William Benjamin Kalbac on behalf of KTM AG
附件:
1:(Exhibit 1)
03/05/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared. No defendants appeared in objection. Before the Court is Plaintiff's motion for entry of default and default judgment 182 against the remaining defendants identified in Amended Schedule A. All remaining defendants, except Defendant No. 57 Wolf002, have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A, except Defendant No. 57 Wolf002, is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 3/20/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice.
03/05/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff and counsel for Defendant ruilimetal appeared. Plaintiff's motion 187 to strike the answer and counterclaim 73 of defendant ruilimetal is granted without objection. Oral agreed motion to dismiss ruilimetal is granted. The Clerk is directed to terminate ruilimetal as a defendant. Emailed notice.
03/05/2024 MOTION by Plaintiff KTM AG to strike Plaintiff's Motion to Strike the Answer of Defendant "RUILIMETAL" [Dkt. No. 98]
附件:
1:(Exhibit A)
02/23/2024 CERTIFICATE of Service by William Benjamin Kalbac on behalf of KTM AG
02/21/2024 MINUTE entry before the Honorable LaShonda A. Hunt: In-person hearing on plaintiff's motion for default and default judgment 182 set for 3/5/24 at 10:00AM in Courtroom 1425. Movant must appear in court. All other interested attorneys/Parties may appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Plaintiff must serve a copy of this order on defendants within 1 business day of its entry on the docket and file proof of such service. Although leave to serve defendants by email was allowed in 2021, counsel should be prepared to address at the hearing what steps, if any, have been taken to ensure that those email addresses are still reliable and valid for the proposed defaulted defendants. Finally, the Court has previously admonished counsel that all motions must be noticed for presentment in accordance with Judge Hunt's case management procedures. Future failures to comply will result in motions being stricken. Emailed notice.
02/20/2024 DECLARATION of Michael A. Hierl regarding motion for default judgment, 182
附件:
1:(Exhibit Hierl Exhibit 1)
02/20/2024 MEMORANDUM by KTM AG in support of motion for default judgment, 182
附件:
1:Exhibit 1
2:(Exhibit 2)
02/20/2024 MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
附件:
1:(Exhibit Amended Schedule A)
02/20/2024 CERTIFICATE of Service by William Benjamin Kalbac on behalf of KTM AG
01/30/2024 MINUTE entry before the Honorable Jeffrey Cole: The plaintiff has filed a Petition for Attorney Fees and Sanctions Against Defendant No. 57 "WOLF002." [Dkt. #170]. The motion, which Judge Hunt referred to me [Dkt. #175], lists a litany of claimed failings by the defendant during the course of this litigation such as missing multiple deadlines, refusing to participate in discovery, missing a hearing, and failing to comply with the Court's October 2, 2023 Order directing defendant or someone with "FULL AUTHORITY" to appear at the November 13, 2023 Settlement Conference. 163. Neither the defendant nor his counsel informed the court in advance of the hearing that he would not or could not attend the settlement conference which had been long scheduled. 163. I was told for the first time by his lawyer at the conference that it was the middle of the night in China, and the defendant would not be appearing. It should be noted that in my experience this was the first foreign national who had refused or failed to attend a settlement conference because of the supposed inconvenience of the time scheduled for the conference. By the time the case was referred to me for discovery and settlement conference [Dkt. #156], discovery was closed. [Dkt. ##148, 151, 158]. Plaintiff informed the court that a motion for an extension of the discovery deadline or, more accurately by that point, a reopening would be forthcoming [Dkt. #154, at 2], but that never happened. [Dkt. #159]. As nearly all of the failings listed by the plaintiff occurred before the case came to me, there is little I can say about them. Plaintiff complains that the defendant never responded to discovery issued on March 31, 2022. But, the plaintiff apparently never filed a motion to compel those responses. Plaintiff also complains that the defendant did not confirm or appear at depositions scheduled for March 20, 2023, and June 23, 2023. But, again, plaintiff took no action at the time or before discovery closed. Those omissions cannot and ought not be ignored. As noted above, the defendant did, however, fail to appear by phone or video at the court ordered Settlement Conference which required the attendance of someone with full authority, other than counsel. That was in direct violation of my Order of October 2, 2023. [Dkt. #163, 164]. To the extent that the motion seeks fees or sanctions against Defendant for its claimed history of non-compliance in this matter, the motion is premature. There is no showing that this is an "exceptional case" under 35 U.S.C. § 285 and Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545 (2014). [Dkt. #170, at 4] the only authority offered for a fee award. And, I do not believe I have authority to make any determination that the case is exceptional. But even in "exceptional cases," attorney fees are available only to prevailing parties. See 35 U.S.C. § 285 ("The court in exceptional cases may award reasonable attorney fees to the prevailing party." (emphasis added)). The plaintiff has only recently filed its motion for summary judgment before the District Court and it will not even be fully briefed until the end of March. [Dkt. #166]. Thus, plaintiff is not yet a "prevailing party" if, in fact, Judge Hunt ultimately determines that it is. Accordingly, the plaintiff's petition for fees under 35 U.S.C. § 285 [Dkt. # 170 ] is denied. However, that part of the request for fees in connection with the settlement conference that the defendant failed to attend either in person or by phone or video does not require finding that this is an exceptional case and that part of the motion is granted. The plaintiff shall submit a properly itemized statement of compensable fees incurred in connection with that conference to the court for review. Once an amount is finalized and approved by the court defense counsel is ordered to immediately transmit that itemization to the defendant for payment within 14 days of the date of transmission. Counsel for the defendant shall also file a statement on the record stating that he has sent the itemized bill for payment to his client, and the date and manner that the itemization was transmitted. The Order setting the case for a settlement conference was clear and unambiguous. Litigants and their lawyers have an obligation to obey a court Order unless withdrawn or reversed by a higher court. Boston Firefighters Union Local 718 v. Boston Chapter NAACP, 468 U.S. 1206, 1211 (1984); Pasadena Brd. Of Ed. v. Spangler, 427 U.S. 424, 439-40 (1976). I have held a number of settlement conferences in which one of the parties was a citizen or resident of a foreign country, including countries in the Far East. In no case in which I have participated has a party refused to attend at least by phone a settlement conference based on the excuse untimely offered by the defendant in this case and not provided to the court in advance of the conference. Since the matter was here only for a ruling on motion 170, that motion having been adjudicated, the referral is closed and the case returned to Judge Hunt. Emailed notice
01/30/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Summary Judgment and Statutory Damages Award as to Defendant No. 57 "Wolf002" 172 is taken under advisement for ruling by mail. Briefing will proceed according to the previously set schedule 166 : response materials in opposition are due by 3/8/24; and reply materials in support are due by 3/29/24. For future reference, counsel is not required to notice a motion for presentment if the Court has already granted leave to file the motion by a specific date. No appearance is necessary on 2/1/24. Emailed notice.
01/29/2024 NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 172 before Honorable LaShonda A. Hunt on 2/1/2024 at 10:00 AM.
01/29/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Exceed Page Limitation 171 is granted. Counsel's memorandum in support of summary judgment may not exceed 20 pages. Counsel is reminded that all motions must be noticed for presentment in accordance with Judge Hunt's case management procedures. Emailed notice.
01/29/2024 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey Cole. Signed by Executive Committee on 01/29/2024.
01/26/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Petition for Attorney Fees and Sanctions Against Defendant No. 57 "WOLF002" 170 is referred to the Magistrate Judge for ruling. Emailed notice.
01/26/2024 STATEMENT by Plaintiff KTM AGin Support of MOTION by Plaintiff KTM AG Plaintiff's Motion for Summary Judgment and Statutory Damages Award as to Defendant No. 57 "WOLF002" 172
01/26/2024 MEMORANDUM by KTM AG in support of motion for miscellaneous relief 172
附件:
1:Exhibit A
2:(Exhibit B)
01/26/2024 MOTION by Plaintiff KTM AG Plaintiff's Motion for Summary Judgment and Statutory Damages Award as to Defendant No. 57 "WOLF002"
01/26/2024 MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
01/25/2024 MOTION by Plaintiff KTM AG for attorney fees Plaintiff's Petition for Attorney Fees and Sanctions Against Defendant NO. 57 "WOLF002"
附件:
1:(Exhibit A)
01/12/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Parties' Stipulation of Voluntary Dismissal with Prejudice 168, any claims in the complaint against Defendant No. 69 "WGL USA," Defendant No. 81 "XSPANDER," and Defendant No. 98 "YL INC." and any counterclaims 36 of Defendant Nos. 69, 81, and 98 are dismissed with prejudice. Emailed notice.
01/11/2024 STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice
12/28/2023 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 12/28/2023: Mailed notice.
12/07/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic pretrial status hearing held. Counsel for Plaintiff and Defendant No. 57 (wolf002) appeared. Remaining parties report that discovery is closed and they intend to file cross-motions for summary judgment. The following briefing schedule will apply: (1) All dispositive motions and supporting materials due by 1/26/24; (2) Response materials in opposition due by 3/8/24; (3) Reply materials in support due by 3/29/24. The Court will rule by mail. As discussed on the record, these dates are firm. Emailed notice.
11/14/2023 MINUTE entry before the Honorable LaShonda A. Hunt: In light of Magistrate Judge Cole's order 164 terminating the referral as fact discovery is closed and the remaining parties did not settle, this case is set for a pretrial status hearing on 12/7/23 at 9:45 AM. Counsel for Plaintiff and Defendant Wolf002 should be prepared to set a firm date for dispositive motions or trial. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice.
11/13/2023 MINUTE entry before the Honorable Jeffrey Cole: Settlement conference held. Despite the clarity of the instructions for a settlement conference sent to the lawyers 163, which required that the client not merely counsel attend the conference, the defendant did not appear or call in: only his lawyer did. The excuse given was that it was the middle of the night in China. The instructions for a settlement conference made clear that "the requirement of attendance by someone with FULL AUTHORITY is not satisfied by attendance of the general counsel or someone from his/her office, although that person is certainly entitled to attend and is welcome to participate in the conference. Nor is it satisfied by attendance of a person who must make a phone call to get permission to settle the case in excess of some predetermined amount." [Dkt # 163 ]. Not only was the attendance requirement ignored by the defendant, so too were other aspects of my settlement instructions. Unfortunately, it became clear that the settlement conference could not achieve its desired purpose and that the case could not be settled. It is respectfully suggested that, given the history of this case [ 158, 159, 163 ] that a date for summary judgment and/or trial be set at the Court's convenience. Accordingly, all matters relating to the referral, having been resolved, the referral is closed and the case returned to Judge Hunt. Emailed notice
10/02/2023 MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. During the Court's discussion with counsel for the parties, the following was addressed: All of the defendants have either been dismissed or defaulted, except for defendant, Wolf 002 (No.57). That defendant was served on 5/3/21, and answered on 11/17/21 [Dkt. # 97 ]. Discovery was served on that defendant on 3/31/22. There have been 4 discovery extensions [134, 140, 143, 148]. All of the discovery close dates were set by the District Court, the last one being on 5/15/23. In the ensuing 5 months, no request for a discovery extension was made. In any event, in response to the Court's inquiry, counsel said they would like to have a settlement conference. At the parties' request, a settlement conference is set for 11/13/23 at 1:00pm and will be by video. Instructions for the video conference will be sent closer to the settlement date. The parties' counsel must review and comply with this court's Standing Order for Settlement Conference, which appears on the court's website. The requirement of attendance by someone with FULL AUTHORITY is not satisfied by attendance of the general counsel or someone from his/her office, although that person is certainly entitled to attend and welcome to participate in the conference. Nor is it satisfied by attendance of a person who must make a phone call to get permission to settle the case in excess of some predetermined amount. Also, each side should include in their settlement documents the results in comparable cases. Plaintiff should serve defendant with their settlement letter no later than 10/16/23. The plaintiff must include the basis for and how he arrived at the damages being claimed. A demand of 100 cents on the dollar is not a good faith demand. Similarly, an offer of zero is not a good faith offer. See my Standing Order online. Defendant will respond to plaintiff's demand by 10/30/23. Each party shall transmit copies of their respective memorandum by email to my courtroom deputy, at Yulonda_Thomas@ilnd.uscourts.gov, on or before 11/6/23. The submissions are NOT to be filed on the docket. Any change in the settlement conference date must be approved by the court, pursuant to an appropriate WRITTEN MOTION, based upon a showing of "good cause." Emailed notice
09/20/2023 MINUTE entry before the Honorable Jeffrey Cole: The video status conference set for 9/20/23 is Rescheduled to 10/2/23 at 11:00am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
08/24/2023 STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice
08/18/2023 MINUTE entry before the Honorable Jeffrey Cole: Due to a conflict in the court's schedule, the video status conference set for 9/21/23 is stricken and reset to 9/20/23 at 2:00pm. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
08/16/2023 MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. The plaintiff reports that it has settled in principle with all but one of the defendants which counsel describes as "largely unresponsive." Despite the fact that discovery closed on 8/4/23 [Dkt.## 148, 151 and 158 ], no action was taken in connection with regard to the claimed unresponsiveness of the described defendant. Unfortunately, fact discovery is closed. The next video status conference is set for 9/21/23 at 10:30am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
08/15/2023 MINUTE entry before the Honorable Jeffrey Cole: The case was referred here on 8/10/23 by Judge Hunt. A review of the docket shows that fact discovery was scheduled to end on 8/4/23, pursuant to Judge Bucklo's Order of 5/15/23. 148. No motion for extension has been made by either party. When this fact was brought to counsels' attention by my courtroom deputy, nothing was done despite her informing counsel that they would have to file a motion to extend the time (even though the closing date had come and gone with no request for extension). Counsels' status report of 8/9/23 states that they were planning to file an appropriate motion but none has been filed to date [154 at pg. 2]. Accordingly, fact discovery is closed in accordance with Judge Bucklo's Order, which was confirmed by Judge Hunt's Order of 6/14/23. 151. Counsel should be prepared to discuss a schedule for expert discovery at tomorrow's status conference. Emailed notice
08/11/2023 MINUTE entry before the Honorable Jeffrey Cole: Judge Hunt has referred the case here for discovery supervision, including authority to adjust and extend all deadlines, and to conduct a settlement conference, if requested by the parties. 155 and 156. A video status conference is set for 8/16/23 at 10:00am, to discuss the progress of discovery in the case. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
08/10/2023 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey Cole for discovery and settlement conference,pursuant to Local Rule 72.1. Signed by Executive Committee on 08/10/2023.
08/10/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the joint status report 154, the Court refers this case to the Magistrate Judge for discovery supervision, including authority to adjust and extend all deadlines, and to conduct a settlement conference, if requested by the parties. Emailed notice.
08/09/2023 STATUS Report Joint Status Report by KTM AG
附件:
1:(Exhibit A)
07/24/2023 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 145
07/03/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by YSMOTO
06/14/2023 MINUTE entry before the Honorable LaShonda A. Hunt: This case has been reassigned to Judge Hunt. The Court adopts the discovery deadlines and 8/7/23 status report date previously set by Judge Bucklo 148. The parties are ordered to file a joint Initial Status Report for Reassigned Cases at that time. A template for the report can be found on Judge Hunt's webpage on the Court's website. Emailed notice
06/05/2023 MINUTE entry before the Honorable Elaine E. Bucklo: This case has been reassigned to the Honorable LaShonda A. Hunt. Therefore, in light of the reassignment, all pending dates before this court are stricken. Parties to take note of Judge Hunt's standing order posted on her page at www.ilnd.uscourts.gov. Mailed notice.
06/02/2023 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.
05/15/2023 MINUTE entry before the Honorable Elaine E. Bucklo: The Court has reviewed the joint status report, parties request for extension of time to respond to Interrogatories and Production Requests and to finish taking depositions is granted to 8/4/2023. Status hearing is reset for 8/14/2023 at 9:45 a.m. as to remaining non-dismissed defendant. (to track the case only, no appearance is required). The parties shall file a joint written status report by 8/7/2023. The court will enter a scheduling order in response to the status report. Mailed notice.
05/09/2023 STATUS Report Joint Status Report by KTM AG
03/15/2023 ATTORNEY Appearance for Defendant YSMOTO by Brian Swift
03/15/2023 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's third unopposed motion for an extension of time for the parties to take depositions and exchange witness lists 143 is granted. Status hearing is reset for 5/16/2023 at 9:45 a.m. as to remaining non-dismissed defendant. (to track the case only, no appearance is required). The parties shall file a joint written status report by 5/9/2023. The court will enter a scheduling order in response to the status report. Mailed notice.
03/08/2023 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 143 before Honorable Elaine E. Bucklo on 3/15/2023 at 09:45 AM.
03/08/2023 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Third Unopposed Motion for an Extension of Time for the Parties to Take Depositions and Exchange Witness Lists
03/08/2023 STATUS Report Joint Status Report by KTM AG
01/18/2023 MINUTE entry before the Honorable Elaine E. Bucklo: Motion for extension of time to take depositions and exchange witness lists 140 is granted, in part to allow additional time for settlement discussions. Status hearing reset for 3/15/2023 at 09:45 AM (to track the case only; no appearance required). Joint status report due 3/6/2023. The court will set a schedule based on the report. Parties to note Judge Bucklo's motion call procedures posted on her page at www.ilnd.uscourts.gov. Mailed notice
01/04/2023 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for an Extension of Time for the Parties to Take Depositions and Exchange Witness Lists
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.
12/20/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 13
12/14/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 83
12/06/2022 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's unopposed motion for first extension of time for the parties to take depositions [Dkt. No. 107] 134 is granted. Status hearing is reset for 2/10/2023 at 9:45 a.m. as to remaining non-dismissed defendant. (to track the case only, no appearance is required). The parties shall file a joint written status report by 2/3/2023. The court will enter a scheduling order in response to the status report. Mailed notice.
12/05/2022 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 134 before Honorable Elaine E. Bucklo on 12/8/2022 at 09:45 AM.
12/05/2022 MOTION by Counter Defendant KTM AG for extension of time Plaintiff's Unopposed Motion for First Extension of Time for the Parties to Take Depositions [Dkt. No. 107]
11/17/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 37
10/10/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 128
08/29/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 47
08/19/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 25, 30
08/17/2022 MINUTE entry before the Honorable Elaine E. Bucklo: A notice of voluntary dismissal has been filed as to Defendant No. 45 "Racingpartswarehouse". As a result, Defendant "Racingpartswarehouse" motion to dissolve or modify the preliminary injunction 118 and motion to dismiss 119 are denied as moot. Defendant "Racingpartswarehouse" is dismissed with prejudice pursuant to Rule 41(a)(1), each party shall bear its own attorney's fees and costs. racingpartswarehouse terminated. Mailed notice
08/05/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal
08/04/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 127
07/25/2022 MINUTE entry before the Honorable Elaine E. Bucklo: The Court has reviewed the joint status report. Status hearing set for 7/25/2022 is stricken and reset for 1/10/2023 at 9:45 a.m. as to remaining non-dismissed defendant. (to track the case only, no appearance is required). The parties shall file a joint written status report by 1/3/2023. The court will enter a scheduling order in response to the status report. Mailed notice.
07/19/2022 STATUS Report Joint Status Report by KTM AG
07/15/2022 MINUTE entry before the Honorable Elaine E. Bucklo: Motion of defendant rzmparts for extension of time to 7/30/2022 to answer 122 is granted; Set briefing on motion for order dissolving injunction 118 and motion to dismiss for lack of jurisdiction 119 : Responses due by 8/5/2022; replies due by 8/19/2022. Ruling set for 9/23/2022 at 09:30 AM (to track the case only; no appearance required). The court will rule by mail. Parties to note Judge Bucklo's motion hearing requirements posted on her page at www.ilnd.uscourts.gov. Mailed notice
07/08/2022 ATTORNEY Appearance for Defendant rzmparts by Kevin K. Tung
07/08/2022 MOTION by Defendant rzmparts for extension of time to file answer or otherwise plead
07/07/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 14
07/05/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 31, 36
07/01/2022 MOTION by Defendant racingpartswarehouse to dismiss for lack of jurisdiction
07/01/2022 MOTION by Defendant racingpartswarehouse for order to dissolve or modify preliminary injunction
附件:
1:Exhibit A, Defeng Liu Declaration
2:Exhibit B
3:(Exhibit C, Sales Record)
07/01/2022 ATTORNEY Appearance for Defendant racingpartswarehouse by Xingyi Tao
05/31/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 10, 32, 52
05/27/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 15, 48
05/26/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 26
05/13/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 44, 131
05/02/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No.104,113
04/26/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No.29, 42
03/24/2022 MINUTE entry before the Honorable Elaine E. Bucklo: The Court has reviewed the parties' joint status report. Status hearing is reset for 7/25/2022 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 7/18/2022. The court will enter a scheduling order in response to the status report. Mailed notice.
03/18/2022 STATUS Report Joint Status Report by KTM AG
02/28/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
02/07/2022 MINUTE entry before the Honorable Elaine E. Bucklo: Per the amended joint status report, Parties to exchange Rule 26(a)(1) Disclosures by February 28, 2022. Interrogatories and Production Requests to be issued by March 31, 2022. Parties responses to issued Interrogatories and Production Requests are due by April 29, 2022. Depositions to be taken by December 5, 2022. Parties to exchange expert witness lists by January 3, 2023. Status hearing set for 2/8/2022 is stricken and reset for 3/25/2022 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 3/18/2022. The court will enter a scheduling order in response to the status report. Mailed notice.
02/01/2022 STATUS Report Amended Joint Status Report by KTM AG
02/01/2022 STATUS Report Joint Status Report by KTM AG
01/25/2022 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 114
01/07/2022 MINUTE entry before the Honorable Elaine E. Bucklo: Per status report, status hearing set for 1/7/2022 is stricken and reset for 2/8/2022 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 2/1/2022. The court will enter a scheduling order in response to the status report. Mailed notice.
01/07/2022 STATUS Report Joint Status Report by KTM AG
12/08/2021 RESPONSE by Plaintiff KTM AG Answer to Counterclaim of Defendant No. 57 wolf002
11/29/2021 MINUTE entry before the Honorable Elaine E. Bucklo: Motion of defendant Zhong Jia for extension of time to 12/17/21 to answer 99 is granted. Mailed notice
11/22/2021 MOTION by Defendant Zhong Jia for extension of time to file answer regarding complaint 1 Unopposed
11/22/2021 ATTORNEY Appearance for Defendant Zhong Jia by Zheng Gong
11/17/2021 ANSWER to Complaint, COUNTERCLAIM filed by wolf002 (No. 57) against KTM AG. by wolf002 (No. 57)
附件:
1:(Exhibit A)
11/17/2021 ATTORNEY Appearance for Defendant wolf002 (No. 57), Counter Claimant wolf002 (No. 57) by Weisun Rao
11/17/2021 MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to the parties' joint status report, Status hearing set for 11/18/2021 is stricken and reset for 1/7/2022 at 9:45 a.m. (to track the case only, no appearance is required). By 12/30/2021 plaintiff is to file a status report as to non-dismissed defendants regarding the status of service of process, settlement discussions, and any further information that plaintiff wishes to bring to the Court's attention.Defendants' (A&M Kebull's Parts, China CNC Parts, CN Motorcycle Parts Store, and 4Max Store) motion to dismiss and dissolve preliminary injunction order 71 is moot per notice of voluntary dismissal 85. Mailed notice.
11/11/2021 STATUS Report by KTM AG
11/10/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
11/05/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
10/28/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 120
10/20/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 39
10/15/2021 MINUTE entry before the Honorable Elaine E. Bucklo:Pursuant to the parties' joint status report, Status hearing set for 10/15/2021 is stricken and reset for 11/18/2021 at 9:45 a.m. (to track the case only, no appearance is required). By 11/11/2021 plaintiff is to file a status report as to non-dismissed defendants regarding the status of service of process, settlement discussions, and any further information that plaintiff wishes to bring to the Court's attention. Mailed notice.
10/11/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 137
10/08/2021 STATUS Report by KTM AG
10/08/2021 SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/8/2021, answer due 10/29/2021.
09/17/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate
09/14/2021 AGREED ASSET RESTRAINT ORDER signed by the Honorable Elaine E. Bucklo on 9/14/2021. Mailed notice.
09/14/2021 MINUTE entry before the Honorable Elaine E. Bucklo: Joint motion for entry of an agreed asset restraint 81 is granted. Enter Agreed Asset Restraint Order. Mailed notice.
09/10/2021 NOTICE of Motion by Erin Kathryn Russell for presentment of motion for miscellaneous relief 81 before Honorable Elaine E. Bucklo on 9/15/2021 at 09:45 AM.
09/10/2021 MOTION by Defendants WGL USA, XSPANDER, YL, Inc. for Entry of An Agreed Asset Restraint Order (JOINT AGREED MOTION)
09/02/2021 AGREED ASSET RESTRAINING ORDER signed by the Honorable Elaine E. Bucklo on 9/2/2021. Mailed notice.
09/02/2021 MINUTE entry before the Honorable Elaine E. Bucklo: Joint motion for entry of asset restraint order 75 is granted. Enter Agreed Asset Restraint Order. Mailed notice.
08/30/2021 RESPONSE by Plaintiff KTM AG to answer to complaint, counterclaim, 36 Response to Counterclaim of Defendants WGL USA, XSPANDER, and YL, INC
08/27/2021 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's unopposed motion for extension of time to respond instanter to Defendants' Counterclaim 66 is granted. The Court sets the following briefing schedule on Defendants' (A&M Kebull's Parts, China CNC Parts, CN Motorcycle Parts Store, and 4Max Store) motion to dismiss and dissolve preliminary injunction order 71 as follows: Plaintiff response is due by 9/17/2021. Defendants' reply is due by 10/1/2021. Ruling is set for 11/12/2021 (to track case only; no appearance required). The Court will issue a ruling by mail. Pursuant to the parties' joint status report, Status hearing set for 9/1/2021 is stricken and reset for 10/15/2021 at 9:45 a.m. (to track the case only, no appearance is required). By 10/8/2021 plaintiff is to file a status report as to non-dismissed defendants regarding the status of service of process, settlement discussions, and any further information that plaintiff wishes to bring to the Court's attention. Mailed notice.
08/29/2021 NOTICE of Motion by Adam Edward Urbanczyk for presentment of motion for miscellaneous relief 75 before Honorable Elaine E. Bucklo on 9/2/2021 at 09:45 AM.
08/29/2021 MOTION by Defendant YSMOTO for Entry of Asset Restraint Order JOINT
08/26/2021 STATUS Report Joint Status Report by KTM AG
08/23/2021 ANSWER to Complaint, COUNTERCLAIM filed by ruilimetal against KTM AG. by ruilimetal
08/20/2021 NOTICE of Motion by Ge Lei for presentment of motion to dismiss, motion for miscellaneous relief, 71 before Honorable Elaine E. Bucklo on 8/27/2021 at 09:45 AM.
08/20/2021 MOTION by Defendants A&M Kebull's Parts, China CNC Parts, CN Motorcycle Parts Store, 4Max Store to dismiss, MOTION by Defendants A&M Kebull's Parts, China CNC Parts, CN Motorcycle Parts Store, 4Max Store MOTION TO DISMISS AND TO DISSOLVE PRELIMINARY INJUNCTION ORDER
附件:
1:Exhibit
2:(Exhibit)
08/20/2021 ATTORNEY Appearance for Defendants A&M Kebull's Parts, A&M Kebull's Parts, China CNC Parts, CN Motorcycle Parts Store, 4Max Store by Ge Lei
08/20/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
08/13/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 59
08/10/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 109
08/06/2021 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond Instanter to Defendants' Counterclaim
08/04/2021 PRELIMINARY INJUNCTION Order signed by the Honorable Elaine E. Bucklo on 8/4/2021. Mailed notice.
08/04/2021 MINUTE entry before the Honorable Elaine E. Bucklo: A notice of voluntary dismissal has been filed, this case is dismissed without prejudice with leave to reinstate by 9/27/2021, as to Defendant No. 109 "ZENITHIKE" only. If no motion to reinstate has been filed by 9/27/2021, this case will automatically be dismissed with prejudice as to Defendant No. 109 "ZENITHIKE" only. Defendant Zenithike's motion to dismiss and to dissolve preliminary injunction order 49 is moot. Plaintiff's motion for entry of a preliminary injunction 58 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter, including Plaintiff's Schedule A to the Complaint and the TRO 18. Defendant YSMOTO's motion to unseal certain documents 41 is moot. Plaintiff failed to file a status report required by minute entry no. 23. Status hearing is reset for 9/1/2021 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint status report by 8/25/2021 and the court will enter an appropriate order. Mailed notice.
07/28/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice 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 Defendant No. 82
07/23/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 35
07/21/2021 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 58
07/21/2021 MEMORANDUM by KTM AG in support of motion for preliminary injunction 58
07/21/2021 MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
07/20/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 60
07/19/2021 ATTORNEY Appearance for Defendants ruilimetal, ZZOY by Erin Kathryn Russell
07/14/2021 RESPONSE by Plaintiff KTM AG Answer to Counterclaim of Defendant YSMOTO
07/14/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 66
07/09/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal of Defendant No. 70
07/02/2021 NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
07/01/2021 MINUTE entry before the Honorable Elaine E. Bucklo: The Court sets the following briefing schedule on Defendant Zenithike's motion to dismiss and to dissolve preliminary injunction order 49 as follows: Plaintiff to respond by 7/28/2021. Defendant to reply by 8/11/2021. Ruling is set for 9/15/2021 (to track case only; no appearance required). The Court will issue a ruling by mail. Mailed notice.

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