最近更新：2024-12-25
2020-cv-06677
| 日期 | 描述 |
|---|---|
| 04/04/2023 | SATISFACTION of Judgment |
| 01/10/2023 | SATISFACTION of Judgment |
| 07/08/2022 | ENTERED JUDGMENT Signed by the Honorable Martha M. Pacold on 7/8/2022: |
| 07/08/2022 | MINUTE entry before the Honorable Martha M. Pacold: On 5/23/2022, the court granted defendant Newlucky_US's motion to dismiss and vacate default judgment because plaintiff had presented no evidence that this court had either general or specific personal jurisdiction over Newlucky_US and because plaintiff failed to establish that it served defendant Newlucky_US with relevant filings. 237. The court ordered the parties to meet and confer and file a joint status report by 6/30/2022 informing the court of how they intended to proceed with this action. The parties were unable to agree on a joint status report and submitted separate status reports. 238 ; 239. Both status reports agree that all issues in this matter related to defendant Newlucky_US were resolved by the court's prior order and that this case should be closed. However, plaintiff states that the court's prior order "resolves this matter with prejudice," whereas Newlucky_US asks the court to dismiss it from this case without prejudice so that it can pursue damages against plaintiff in a separate action. Ordinarily, dismissals for lack of personal jurisdiction and improper service are without prejudice. See Fed. R. Civ. P. 4(m); Sikhs for Justice v. Badal, 736 F.3d 743, 751 (7th Cir. 2013). Accordingly, the claims against defendant Newlucky_US are dismissed without prejudice. Final judgment will enter. Civil case terminated. |
| 06/30/2022 | STATUS Report by newlucky_us |
| 06/30/2022 | STATUS Report by KTM AG |
| 05/23/2022 | ORDER: Defendant Newlucky_US's motion to dismiss and vacate default judgment 230 is granted. "The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b)." Fed. R. Civ. P. 55(c). "Under Federal Rule of Civil Procedure 60(b), a final judgment must be set aside if the court lacked personal jurisdiction." Trade Well Int'l v. United Central Bank, 825 F.3d 854, 859 (7th Cir. 2016). "A judgment is also void as to any party who was not adequately served." Id. (internal citations and quotations omitted). First, plaintiff has not established that this court has personal jurisdiction over Newlucky_US. Newlucky_US attached a sworn affidavit attesting that it has never made a sale in the state of Illinois. The only evidence to the contrary plaintiff presents is a screenshot of what appears to be an uncompleted sale to an Illinois shipping address, and it is unclear if plaintiff took the screenshot itself after attempting to purchase an item from Newlucky_US and ship it to an Illinois address. Plaintiff presents no other evidence establishing that this court has either general or specific personal jurisdiction over Newlucky_US. Second, although this court authorized electronic service of process over the defendants in this action, 24, Newlucky_US avers that it was never served with a copy of the complaint or plaintiff's motion for default and default judgment. Plaintiff attaches an affidavit from its attorney stating that its attorney sent emails containing relevant filings and orders to "the email addresses identified in Exhibit 1 to the Declaration of Hubert Trunkenpolz and Viktor Sigl and any email addresses provided for Defendants by third parties that include a link to said website." But plaintiff presents no evidence that one of these emails belonged to Newlucky_US or was associated with the account or that plaintiff otherwise served Newlucky_US with the relevant filings. Accordingly, the entry of default and default judgment is vacated as to defendant Newlucky_US only. Plaintiff is directed promptly to release funds restricted by this court's previous orders to Newlucky_US. Plaintiff is also ordered to return any funds recovered from Newlucky_US as a result of the default judgment by 6/9/2022. This case is reopened. Plaintiff and defendant Newlucky_US are directed to meet and confer and file a joint status report by 6/30/2022 informing the court of how they intend to proceed with this action. Signed by the Honorable Martha M. Pacold on 5/23/2022. Mailed notice |
| 05/09/2022 | REPLY by newlucky_us to Response, 234 Defendant's Reply in Support of Motion to Dismiss and to Vacate Default Judgement 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:(Exhibit G) |
| 05/04/2022 | SATISFACTION of Judgment |
| 05/02/2022 | RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendant's Motion to Dismiss and Vacate Default Judgment 附件： 1:Exhibit Exhibit A 2:Exhibit Exhibit B 3:Exhibit Exhibit C 4:Exhibit Exhibit D |
| 04/26/2022 | SATISFACTION of Judgment |
| 04/22/2022 | SATISFACTION of Judgment |
| 04/18/2022 | MINUTE entry before the Honorable Martha M. Pacold: Defendant newlucky_us has filed a motion to vacate. [230]. Any future filings should be in Times New Roman 12-point font, double spaced. Plaintiff's response to defendant's motion to vacate [230] is due by 5/2/2022. Defendant's reply is due by 5/9/2022. |
| 04/15/2022 | MOTION by Defendant newlucky_us to dismiss, MOTION by Defendant newlucky_us to vacate default judgment 附件： 1:Exhibit A 2:Exhibit B |
| 04/15/2022 | ATTORNEY Appearance for Defendant newlucky_us by Weisun Rao |
| 03/28/2022 | SATISFACTION of Judgment |
| 03/14/2022 | SATISFACTION of Judgment |
| 03/09/2022 | SATISFACTION of Judgment |
| 03/07/2022 | SATISFACTION of Judgment |
| 02/22/2022 | SATISFACTION of Judgment |
| 02/18/2022 | SATISFACTION of Judgment |
| 01/25/2022 | SATISFACTION of Judgment |
| 01/12/2022 | SATISFACTION of Judgment |
| 12/17/2021 | SATISFACTION of Judgment |
| 12/14/2021 | SATISFACTION of Judgment |
| 12/06/2021 | SATISFACTION of Judgment |
| 11/08/2021 | SATISFACTION of Judgment |
| 10/21/2021 | SATISFACTION of Judgment |
| 10/01/2021 | SATISFACTION of Judgment |
| 09/20/2021 | SATISFACTION of Judgment |
| 09/16/2021 | SATISFACTION of Judgment |
| 09/07/2021 | RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 8750. |
| 09/02/2021 | SATISFACTION of Judgment |
| 08/31/2021 | ATTORNEY Appearance for Defendant marsknight-uk by Weisun Rao |
| 08/26/2021 | SATISFACTION of Judgment |
| 08/24/2021 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by KTM AG to plaintiff's counsel, Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd., 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail #7019 2280 0000 0962 8750. |
| 08/24/2021 | ORDER: The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of Court to plaintiff's counsel, Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd., 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. |
| 08/24/2021 | MAILED trademark report along with a certified copy of the final judgment order to Patent Trademark Office, Alexandria VA |
| 08/24/2021 | FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. |
| 08/24/2021 | ORDER: In the court's 7/28/2021 minute entry, it gave all defendants until 8/6/2021 to object to plaintiff's motion for entry of default and default judgment [190]. See [193]. The lone defendant that objected, Racingboy8261, was dismissed with prejudice. See [202]. No other defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment [190]. 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 as set forth in the Final Judgment Order, 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 consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No current defendants have 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 Court to plaintiff's counsel, Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd., via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. |
| 08/20/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit a new proposed default judgment order, which reflects the dismissals at [196], [200], [203], (along with all other prior dismissals), to this court's proposed order inbox by 8/23/2021. |
| 08/20/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendants No. 21 motor-pro and No. 95 racingboy8261 are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [202] filed by plaintiff on 8/20/21. motor-pro and racingboy8261 terminated. |
| 08/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/20/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court, on its own, extends Racingboy8261's deadline to respond to plaintiff's complaint to 8/26/2021. This is a final extension. |
| 08/13/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 233 monton4shop is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [199] filed by Plaintiff on 8/13/2021. monton4shop terminated. |
| 08/13/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 233 |
| 08/11/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendant Racingboy8261's motion for extension of time to answer or otherwise plead [197] is granted. Racingboy8261 shall answer or otherwise respond to the complaint by 8/16/2021. Mailed notice |
| 08/06/2021 | MOTION by Defendant racingboy8261 for extension of time to file answer regarding complaint[1] 附件： 1:Exhibit A - Racingboy8261 listing |
| 08/03/2021 | ORDER Defendants No. 99 Racingparts16; No. 125 Motor-US; and No. 136 Niree are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [195] filed by Plaintiff on 8/3/2021. Signed by the Honorable Martha M. Pacold on 8/3/2021: Mailed notice |
| 08/03/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 08/02/2021 | ATTORNEY Appearance for Defendant racingboy8261 by Erin Kathryn Russell |
| 07/28/2021 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [190] must enter an appearance and file a written objection by 8/6/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 07/27/2021 | DECLARATION of Michael A. Hierl regarding motion for default judgment[190] 附件： 1:Exhibit Hierl Exhibit 1 |
| 07/27/2021 | MEMORANDUM by KTM AG in support of motion for default judgment[190] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 07/27/2021 | 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 |
| 07/27/2021 | DECLARATION of William B. Kalbac Declaration of Service |
| 06/30/2021 | ORDER Defendants No. 108 luckmart and No. 215 letiteasy are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [187] filed by Plaintiff on 6/30/2021. Signed by the Honorable Martha M. Pacold on 6/30/2021: Mailed notice |
| 06/30/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/17/2021 | ORDER Defendants No. 37 nawensonparts; No. 132 Nawenson racing; No. 179 Sinkees; and No. 190 TOPMOUNT are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [185] filed by Plaintiff on 6/16/2021. Signed by the Honorable Martha M. Pacold on 6/17/2021: 6/17/2021 notice |
| 06/16/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/07/2021 | ORDER Defendants No. 137 nordlichter and No. 140 OUMURS MOTORPARTS are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [182] filed by Plaintiff on 5/27/2021. Defendants No. 4 moto-car; No. 17 motocycle-world; No. 25 moto-speedy; No. 28 mototalk2011; No. 60 orange_tec; No. 72 popmotorcycle; No. 73 posbay2008; No. 81 princessbba; No. 82 pro_stickers2015; No. 83 pro-car-parts19; No. 85 pro-kodaskin; No. 93 racer_moto; No. 97 racing-knightmotor; No. 164 RockMute are hereby dismissed with prejudice pursuant to the Notice of Voluntary Dismissal [183] filed by Plaintiff on 6/4/2021. Signed by the Honorable Martha M. Pacold on 6/7/2021: Mailed notice |
| 06/04/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/27/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/20/2021 | ORDER Defendants No. 118 Motokano; No. 193 TORUN TECH; No. 235 motofairing; No. 237 motogp888; and No. 241 myhongkong are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [180] filed by Plaintiff on 5/20/2021. Signed by the Honorable Martha M. Pacold on 5/20/2021: Mailed notice |
| 05/20/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/20/2021 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of KTM AG |
| 05/19/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendants PACASK, Remaiw moto, and TESWNE's motion to enforce the agreed settlement between plaintiff and defendants [177] is granted in part. The court directs plaintiff's counsel to promptly serve a copy of this court's 3/30/2021 order dismissing PACASK, Remaiw moto, and TESWNE with prejudice, see [162], on Amazon and to file a certificate of service on the docket. |
| 05/15/2021 | MOTION by Defendants PACASK, Remaiw moto, TESWNE to enforce settlement agreement |
| 05/06/2021 | ORDER Defendants No. 101 LIJINC; No. 115 MNBHD; and No. 153 PUHEB are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [175] filed by Plaintiff on 5/6/2021. Signed by the Honorable Martha M. Pacold on 5/6/2021: Mailed notice |
| 05/06/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/04/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendant MOTOKU's motion to withdraw motion to compel [173] is granted. Defendant MOTOKU's motion to compel [172] is withdrawn. |
| 05/04/2021 | MOTION by Defendant MOTOKU to withdraw motion to compel[172] |
| 05/03/2021 | MOTION by Defendant MOTOKU to compel Plaintiff to Provide to Amazon the Order Dismissing MOTOKU and vacating the Agreed Asset Restraint Order |
| 04/15/2021 | ORDER Defendants No. 56 onlinetown2016; No. 178 shunyang_led; No. 194 Triumilynn; and No. 195 TT-OUTDO are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Stipulation of Voluntary Dismissal [170] filed by Plaintiff on 4/13/2021. Defendant Triumilynn's motion to dismiss [145] is denied as moot. Signed by the Honorable Martha M. Pacold on 4/15/2021: Mailed notice |
| 04/13/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 04/12/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 174 shangzun is hereby dismissed without prejudice with leave to reinstate on or before 6/11/2021. In the event a motion to reinstate is not filed on or before 6/11/2021, the case shall be deemed, without further order of the Court, to be dismissed with prejudice against Defendant No. 174 shangzun. Defendant shangzun's motion to dismiss [138] is denied as moot. Each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal with leave to reinstate [168] filed by plaintiff on 4/12/2021. Shang Zun terminated. |
| 04/12/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate |
| 04/06/2021 | ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray |
| 04/05/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 103 LONGWEI1 is hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Voluntary Dismissal [165] filed by Plaintiff on 4/5/2021. LONGWEI1 terminated. |
| 04/05/2021 | NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal of Defendant No. 103 |
| 03/31/2021 | NOTICE of Correction regarding Patent/Trademark report [163]. |
| 03/30/2021 | MAILED Patent report to Patent Trademark Office, Alexandria VA. |
| 03/30/2021 | ORDER: Defendants No. 142 PACASK, No. 160 Remaiw moto, and No. 188 TESWNE are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Stipulation of Voluntary Dismissal [159] filed by Plaintiff on 3/29/2021. Signed by the Honorable Martha M. Pacold on 3/30/2021: Mailed notice |
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