最近更新:2025-06-26
更新

2025-cv-06752

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

日期:06/18/2025

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
09/09/2025 ORDER. Signed by the Honorable Sara L. Ellis on 9/9/2025. Emailed notice
09/08/2025 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for extension of the temporary restraining order [40] and for electronic service of process [41]. The Court extends the temporary restraining order through 9/23/2025. The Court strikes the status date set for 9/9/2025 and resets it to 9/23/2025 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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
09/02/2025 SURETY BOND in the amount of $10,000 posted by KTM AG. (Document not scanned)
09/04/2025 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 40, motion for miscellaneous relief 41 before Honorable Sara L. Ellis on 9/9/2025 at 09:45 AM.
09/04/2025 DECLARATION of Elizabeth A. Miller regarding motion for miscellaneous relief 41
09/04/2025 MOTION by Plaintiff KTM AG Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
09/04/2025 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
08/20/2025 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference hearing held and continued to 8/21/2025 at 1:30 p.m. Mailed notice.
09/02/2025 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 9/3/2025 and resets it to 9/9/2025 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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
08/26/2025 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sara L. Ellis on 8/26/2025
08/26/2025 ORDER regarding expedited discovery. Signed by the Honorable Sara L. Ellis on 8/26/2025:Emailed notice
08/21/2025 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 8/21/2025. The motion for expedited discovery 30 is granted. The motion to exceed page limitation 31 is granted. The motion for entry of a temporary restraining order 32 is granted as to Defendant No. 17 and denied as to Defendant No. 22. Plaintiff's counsel is to submit a proposed Temporary Restraining Order as to Defendant No. 17 only. A telephone conference is set for 9/3/2025 at 9:45 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
08/14/2025 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 31, motion for temporary restraining order, 32, motion to expedite 30 before Honorable Sara L. Ellis on 8/20/2025 at 09:30 AM.
08/14/2025 MEMORANDUM by KTM AG in support of motion for temporary restraining order, 32
附件:
1:Declaration Hierl Declaration
2:Exhibit Hierl Exhibit 1
3:(Exhibit Hierl Exhibit 4)
4:Exhibit Hierl Exhibit 3
5:Exhibit Hierl Exhibit 2
08/14/2025 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 Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
08/14/2025 MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
08/14/2025 MOTION by Plaintiff KTM AG to expedite Plaintiff's Motion for Expedited Discovery
08/06/2025 SEALED EXHIBIT by Plaintiff KTM AG Exhibit 1 regarding memorandum 28
08/06/2025 MEMORANDUM by KTM AG Plaintiff's Memorandum in Support of Joinder
附件:
1:(Exhibit 4)
2:Exhibit 2
3:Exhibit 3
08/05/2025 SEALED DOCUMENT by Plaintiff KTM AG Amended Schedule A
08/05/2025 Second Amended Complaint AMENDED complaint by KTM AG against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit 1)
07/29/2025 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 7/29/2025. Motions to expedite 20 ; for leave to file excess pages 21 and for TRO 22 are denied without prejudice. Plaintiff appears for status hearing. Plaintiff to file a second amended complaint with an amended Schedule A by 8/5/2025. Telephone Conference set for 8/20/2025 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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
07/24/2025 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 22, motion for leave to file excess pages 21, motion to expedite 20 before Honorable Sara L. Ellis on 7/29/2025 at 09:30 AM.
07/24/2025 MEMORANDUM by KTM AG in support of motion for temporary restraining order, 22
附件:
1:Exhibit Hierl Exhibit 1
2:Exhibit Hierl Exhibit 2
3:Exhibit Hierl Exhibit 3
4:(Exhibit Hierl Exhibit 4)
5:Declaration Hierl Declaration
07/24/2025 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 Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
07/24/2025 MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
07/24/2025 MOTION by Plaintiff KTM AG to expedite Plaintiff's Motion for Expedited Discovery
07/22/2025 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 1
07/22/2025 MEMORANDUM by KTM AG Plaintiff's Memorandum in Support of Joinder
附件:
1:(Exhibit 4)
2:Exhibit 3
3:Exhibit 2
07/22/2025 SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 to Trunkenpolz-Sigl Declaration regarding declaration 16
07/22/2025 DECLARATION of Trunkenpolz-Sigl
07/22/2025 SEALED DOCUMENT by Plaintiff KTM AG Amended Schedule A
07/22/2025 AMENDED complaint by KTM AG against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit 1)
06/30/2025 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to file under seal 8. Plaintiff filed this case against 147 defendants for alleged infringement of five trademarks. Under Rule 20, a plaintiff may join multiple defendants in a single action if: (1) the claims against them are asserted with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) a question of law or fact common to all defendants exists. Fed. R. Civ. P. 20(a)(2)(A)(B). In reviewing the filings in this case, it does not appear that joinder is proper as to all Defendants. As the Court stated in Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Cos., Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, alleging that multiple defendants have infringed on the same copyright, trademark, or patent in the same way, without more, does not create the substantial evidentiary overlap required to find joinder proper. No. 23 C 17036, 2024 WL 1858592, at *67 (N.D. Ill. Apr. 29, 2024). The Court directs Plaintiff to file an amended complaint by 7/22/2025, as well as a statement on joinder explaining how the remaining Defendants comply with the Court's order in Roadget. The Court also cautions Plaintiff that, in order to support preliminary injunctive relief, it must show that the named defendants' alleged infringement remains active and ongoing. The Court thus orders Plaintiff to ensure that it only seeks preliminary injunctive relief from defendants whose alleged infringement remains active and ongoing. The Court sets a status hearing for 7/29/2025 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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
06/24/2025 NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 8 before Honorable Sara L. Ellis on 7/1/2025 at 09:45 AM.
06/20/2025 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
06/20/2025 CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2).
06/20/2025 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
06/20/2025 CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2).
06/18/2025 Notice of Claims Involving Trademarks by KTM AG
06/18/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG
06/18/2025 SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A
06/18/2025 MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal
06/18/2025 ATTORNEY Appearance for Plaintiff KTM AG by Elizabeth Aubree Miller
06/18/2025 ATTORNEY Appearance for Plaintiff KTM AG by John Wilson
06/18/2025 ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray
06/18/2025 ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac
06/18/2025 ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl
06/18/2025 CIVIL Cover Sheet
06/18/2025 COMPLAINT filed by KTM AG ; Jury Demand. Filing fee $ 405, receipt number AILNDC-23641796.
附件:
1:(Exhibit 1)

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