最近更新：2024-12-25
2023-cv-05493
| 日期 | 描述 |
|---|---|
| 05/08/2024 | RETURN of U.S. Post Office Receipt, Article No. 7008 1830 0000 4138 9134. (Received by mail in the Clerk's Office on 5/8/2024) |
| 03/27/2024 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Blue Sphere, Inc. d/b/a Lucky 13 and Robert Kloetzy to plaintiffs' counsel Michael A. Hierl at Hughes Socol Piers Resnick & Dym, Ltd., 70 W. Madison St., Ste. 4000, Chicago, IL 60602 via certified mail #7008 1830 0000 4138 9134. |
| 03/25/2024 | DEFAULT Judgment Order: Signed by the Honorable Martha M. Pacold on 3/25/2024: Mailed notice. |
| 03/25/2024 | ORDER: No remaining defendant has responded to plaintiffs' motion for entry of default and default judgment 47. (Two appearing defendants were dismissed. See 63, 71.) The motion 47 is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiffs have established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiffs have shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiffs' reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No remaining defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiffs is hereby released to plaintiffs' counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiffs' counsel Hughes Socol Piers Resnick & Dym, Ltd., 70 W. Madison St. Ste. 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 3/25/2024: Mailed notice. |
| 03/22/2024 | Amended Schedule A by Blue Sphere, Inc., Robert A. Kloetzy |
| 03/21/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to file an amended Schedule A 70 is granted. Defendant No. 129 bruxamagica is dismissed. By 3/27/24, plaintiff should (1) file an amended Schedule A on the docket and (2) send an updated proposed default judgment order that reflects the amended Schedule A to the proposed order inbox. |
| 03/20/2024 | MOTION by Plaintiff Blue Sphere, Inc. for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A |
| 03/04/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to file an amended Schedule A 67 is granted. Plaintiffs have already filed an amended Schedule A on the docket 68. Defendants No. 150 ERICK HAN, No. 153 NiPitShop, No. 169 DINGSHITE Official Store, No. 170 DINGSHITE Yishun Men clothes Store, No. 177 LUHAODS Official Store, and No. 250 WibberwacsPP are dismissed with prejudice and each party shall bear its own attorney's fees and costs. |
| 03/01/2024 | STATUS Report Joint Status Report by Blue Sphere, Inc., Robert A. Kloetzy |
| 03/01/2024 | MOTION by Plaintiffs Blue Sphere, Inc., Robert A. Kloetzy for leave to file Motion for Leave to File Amended Schedule A |
| 02/20/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for preliminary injunction 30 is withdrawn pursuant to plaintiffs' representation in the status report 65 that they are "no longer pursuing [their] Motion for Entry of a Preliminary Injunction." 65 at 2. By 2/29/2024, plaintiffs and any appearing defendant should file an updated joint status report. |
| 01/26/2024 | STATUS Report Joint Status Report by Blue Sphere, Inc., Robert A. Kloetzy |
| 01/22/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and any defendant who appeared are directed to file a status report by 1/25/2024 addressing (a) whether plaintiff is still pursuing preliminary injunction 30 in light of its motion for default judgment 47, (b) whether there are any other defendants not dismissed and not subject to the default judgment, (c) and the status of litigation and / or settlement with any defendant who appeared. |
| 01/22/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's stipulation of dismissal 61 dismissing defendant 133 missmewow, also known as Online Store 133. Plaintiff does not identify under which rule it moves to dismiss defendant missmewow. The court therefore construes plaintiff's stipulation of dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant missmewow from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A on the docket. 62. Missmewow is terminated with prejudice. |
| 01/10/2024 | AMENDED Schedule A filed by Blue Sphere, Inc., Robert A. Kloetzy. Docket Text Modified by Clerk's Office on 1/11/2024. |
| 01/10/2024 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice |
| 01/10/2024 | STATUS Report Joint Status Report by Blue Sphere, Inc., Robert A. Kloetzy |
| 01/09/2024 | OBJECTIONS Defendant Bruxamagica's Objection to Plaintiff's Motion for Default Judgement 附件： 1:(Certificate of Service) |
| 01/09/2024 | ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto by Leon Zelechowski for defendant Bruxamagica |
| 01/03/2024 | EXHIBITS- ATTACHED are copies of 2 documents already sent to the court that I would like to be used in my defense along with further information filed by Wibberwacspp. (Exhibits) |
| 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. |
| 12/19/2023 | CERTIFICATE of Service by William Benjamin Kalbac on behalf of Blue Sphere, Inc., Robert A. Kloetzy |
| 12/17/2023 | WITHOUT Prejudice-Case ref 23cv5493. |
| 12/18/2023 | MINUTE entry before the Honorable Martha M. Pacold: By 1/9/2024, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise). Also by 1/9/2024, plaintiff is directed to file an updated Schedule A on the docket and send an updated proposed default judgment order to the Proposed Order Box. |
| 12/18/2023 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 47 must enter an appearance and file a written objection by 1/9/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 12/14/2023 | MEMORANDUM by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto in Opposition to motion for default judgment, 47 Opposition to Plaintiffs' Motion for Entry of Default and Default Judgment Against Defendant Online Marketplace 133 |
| 12/11/2023 | LETTER from WibberwacsPP. |
| 12/08/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment, 47 附件： 1:(Exhibit Hierl Exhibit 1) |
| 12/08/2023 | MEMORANDUM by Blue Sphere, Inc., Robert A. Kloetzy in support of motion for default judgment, 47 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 12/08/2023 | MOTION by Plaintiffs Blue Sphere, Inc., Robert A. Kloetzy for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A 附件： 1:(Exhibit Amended Schedule A) |
| 12/08/2023 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Blue Sphere, Inc., Robert A. Kloetzy |
| 12/04/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit to the proposed order box by 12/7/23 a proposed preliminary injunction order that reflects all amendments to Schedule A. |
| 11/20/2023 | STATUS Report Joint Status Report by Blue Sphere, Inc., Robert A. Kloetzy |
| 11/16/2023 | Amended Schedule A by Blue Sphere, Inc., Robert A. Kloetzy |
| 11/14/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to file an amended Schedule A 41 is granted. Defendants No. 151 LaiFuKangBaiHuoMaoYiShangHang and No. 159 xiashisicunkangbazi are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiffs are directed to file an amended Schedule A by 11/17/2023. The parties are directed to file a joint status report by 11/20/2023 with an update on the status of the case including the motion for preliminary injunction 30. |
| 11/06/2023 | MOTION by Plaintiffs Blue Sphere, Inc., Robert A. Kloetzy for leave to file Motion for Leave to File an Amended Schedule A |
| 10/06/2023 | ORDER: Karli Sager's amended motion for leave to appear pro hac vice on behalf of Defendant 133 missmewow and Defendant Online Marketplace 133 monberg 36 is granted. Karli Sager's initial motion to appear pro hac vice 35 is denied as moot. Signed by the Honorable Martha M. Pacold on 10/6/2023. Mailed notice. |
| 10/06/2023 | ANSWER to Complaint by Defendant 133 (missmewow) and Defendant Online Marketplace 133 (https://www.teepublic.com/user/portia-monberg) by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 10/05/2023 | ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto by Sager Elizabeth Karli for Defendant 133 (missmewow) and Defendant Online Marketplace 133 (https://www.teepublic.com/user/portia-monberg) |
| 10/03/2023 | LETTER from WibberwacsPP. |
| 10/02/2023 | MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto to amend/correct MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number BILNDC-21173984. 35 |
| 10/02/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number BILNDC-21173984. |
| 09/20/2023 | SUMMONS Returned Executed by Blue Sphere, Inc., Robert A. Kloetzy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/14/2023, answer due 10/5/2023. |
| 09/19/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 9/29/2023. Plaintiff shall serve defendants with this notice. |
| 09/14/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 09/14/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 30 |
| 09/14/2023 | MEMORANDUM by Blue Sphere, Inc. in support of motion for preliminary injunction 30 |
| 09/14/2023 | MOTION by Plaintiff Blue Sphere, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 09/06/2023 | SURETY BOND in the amount of $ 10,000 posted by Blue Sphere, Inc. (Document not Scanned) |
| 09/01/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 27 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 26 entered on 8/22/2023 is extended until 9/19/2023. Mailed notice |
| 08/30/2023 | MOTION by Plaintiffs Blue Sphere, Inc., Robert A. Kloetzy for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 08/22/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 8/22/2023: |
| 08/22/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (6, 9, 10), the supporting memorandum (11) and the temporary restraining order, plaintiff's motions for leave to file under seal 6, for leave to file excess pages 9, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
| 08/18/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to submit a proposed order to the Proposed Order Box by 8/21/2023. |
| 08/15/2023 | Notice of Claims Involving Trademarks by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 11 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 10 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 9 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 8 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 7 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy Declaration |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration |
| 08/15/2023 | MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy in support of motion for temporary restraining order, 10 附件： 1:Declaration Kloetzy Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
| 08/15/2023 | MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy 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 |
| 08/15/2023 | MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 08/15/2023 | 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. |
| 08/15/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. |
| 08/15/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy |
| 08/15/2023 | SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Sealed Schedule A |
| 08/15/2023 | MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal |
| 08/15/2023 | ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by Robert Payton Mcmurray |
| 08/15/2023 | ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by William Benjamin Kalbac |
| 08/15/2023 | ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by Michael A. Hierl |
| 08/15/2023 | CIVIL Cover Sheet |
| 08/15/2023 | COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-20929041. 附件： 1:(Exhibit 1) |
