最近更新:2024-12-25
更新

2022-cv-05599

Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:10/13/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
08/29/2023 ORDER FOR PERMANENT INJUNCTION Signed by the Honorable Steven C. Seeger on 8/29/2023. Mailed notice.
08/29/2023 FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 8/29/2023. Mailed notice.
08/29/2023 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. 39) is hereby granted. The responses to the complaint are long overdue. On August 14, 2023, this Court entered default against the Defendants under Rule 55(a). Final Judgment Order to follow. Permanent Injunction Order to follow. The complaint is dismissed. The case is closed. Civil case terminated. Mailed notice.
08/21/2023 DECLARATION of Michael A. Hierl regarding motion for default judgment 39
附件:
1:(Exhibit Hierl Exhibit 1)
08/21/2023 MEMORANDUM by Blue Sphere, Inc. in support of motion for default judgment 39
附件:
1:Exhibit 1
2:(Exhibit 2)
08/21/2023 MOTION by Plaintiff Blue Sphere, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
08/21/2023 DECLARATION of William B. Kalbac Declaration of Service
08/14/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 8/14/2023. Mailed notice.
08/14/2023 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for preliminary injunction (Dckt. No. 29) is hereby granted in part. Preliminary Injunction Order to follow. The responses to the complaint are long since overdue. The Court hereby enters default against all remaining Defendants under Rule 55(a). A motion for default judgment is due by August 21, 2023. A response is due by August 28, 2023. Defendants must file a motion if they seek a hearing. Mailed notice.
01/31/2023 TRANSCRIPT OF PROCEEDINGS held on 01/18/2023 before the Honorable Steven C. Seeger. Order Number: 45012. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/21/2023. Redacted Transcript Deadline set for 3/3/2023. Release of Transcript Restriction set for 5/1/2023.
01/18/2023 SURETY BOND in the amount of $ 5,000.00 posted by Blue Sphere, Inc. (Document not scanned)
01/20/2023 SUMMONS Returned Executed by Blue Sphere, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 1/20/2023, answer due 2/10/2023.
01/20/2023 CERTIFICATE of Service by Plaintiff Blue Sphere, Inc.
01/20/2023 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29
01/20/2023 MEMORANDUM by Blue Sphere, Inc. in support of motion for preliminary injunction 29
01/20/2023 MOTION by Plaintiff Blue Sphere, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
01/20/2023 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
01/18/2023 MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on January 18, 2023. This Court expressed, in direct terms, its concerns with the recent conduct of Plaintiff's counsel. On October 13, 2022, Plaintiff filed a complaint against 218 defendants. The case was then assigned to this Court. And then, on October 24, 2022, Plaintiff abruptly filed an amended complaint and dropped 213 of the 218 defendants. And then, Plaintiff refiled the complaint against those 213 defendants by filing a brand new case. That case was later assigned to Judge Guzman. Plaintiff's counsel engaged in that judicial rug-pulling sub silentio, without telling this Court or Judge Guzman what they were doing. The civil cover sheet in that new matter did not reveal that the case was related to the matter at hand. After spotting the issue, this Court ordered Plaintiff's counsel to explain themselves. (Dckt. No. [19]) Plaintiff's counsel later explained that they do not like this Court's bond requirements. (Dckt. No. [20]) So they decided to refile the case and get another judge. This should go without saying, but the Court offers the following instruction. The Federal Rules and the U.S. Code allow a certain amount of forum shopping. But they do not allow judge shopping. The Clerk's Office assigns judges on a random basis, for good reason. Parties can pick their lawyers, and parties can pick their cases. But parties cannot pick their judges. Plaintiff's counsel cannot drop defendants, and then refile on behalf of those defendants, in an attempt to get what they perceive to be a greener judicial pasture. The Court orders Plaintiff's counsel to come clean and file a statement before Judge Guzman by January 20, 2023, fully and candidly informing the Court of what they did. As stated at the hearing, this Court hereby prohibits Plaintiff's counsel from pulling any comparable maneuver in any future case. Plaintiff's counsel shall not drop defendants, and then file suit against those defendants, with the goal or the hope of getting a different judge. A failure to comply will lead to appropriate relief. Mailed notice
01/17/2023 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion to reset the in-person hearing (Dckt. No. 26) is hereby denied. The hearing will take place on January 18, 2023. All counsel of record must attend in person. No exceptions. The Court will not permit telephonic appearances. A failure to comply will lead to appropriate relief. Mailed notice
01/13/2023 MOTION by Plaintiff Blue Sphere, Inc. to reset Plaintiffs' Motion to Reset In-Person Hearing
01/13/2023 NOTICE by Blue Sphere, Inc. Notice of Filing
附件:
1:(spreadsheet)
01/10/2023 MINUTE entry before the Honorable Steven C. Seeger: The Court sets an in-person hearing for January 18, 2023 at 9:30 a.m. Every counsel of record for Plaintiff must appear, in person. The Court will not allow telephonic appearances. No exceptions. By January 13, 2023, Plaintiff's counsel must file a spreadsheet identifying, by case name and number, all Schedule A cases filed by Plaintiff's counsel before this Court since January 1, 2021. Mailed notice.
01/10/2023 SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice.
01/10/2023 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for leave to file under seal (Dckt. No. 6) is hereby granted. Plaintiffs' motion for excess pages (Dckt. No. 14) is hereby granted. Plaintiffs' motion for a temporary restraining order (Dckt. No. 15) is granted in part as stated in the accompanying order. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiffs later seek equitable monetary relief (like an accounting of profits) or unless Plaintiffs can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Plaintiffs must promptly effectuate service of process. Plaintiffs' counsel should not take it as a given that the Court will extend the TRO. Any motion for an extension for a TRO must establish a genuine need to do so, and must demonstrate diligence in response to the TRO. Mailed notice
12/29/2022 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
12/21/2022 STATEMENT by Blue Sphere, Inc. Plaintiffs' Statement Relating to the December 19, 2022 Minute Order [Dkt. No. 19]
附件:
1:(Exhibit A)
12/19/2022 MINUTE entry before the Honorable Steven C. Seeger: The Court recently took a look at the docket in this case. On October 13, 2022, Plaintiff filed a complaint with 218 defendants on an accompanying Schedule A. On October 24, 2022, after the assignment of the case to this Court, Plaintiff filed an amended complaint with a new Schedule A. The new Schedule A included only five defendants. So 213 defendants vanished. By December 21, 2022, Plaintiff's counsel must file a statement and explain why they did that. They must explain why they filed a complaint against 218 defendants on October 13, and then filed an amended complaint against only five of the 218 defendants on October 24, only eleven days later. The Court requires a straight answer. Respond to the Court's question with candor. The statement also must reveal whether Plaintiff's counsel later filed a new case on behalf of the same Plaintiff against the 213 vanished defendants, and whether that case was assigned to a new judge. Give specifics. The Court repeats its admonition: the Court expects candor. A failure to comply will lead to appropriate relief. The Court will simply note that this unfortunate episode is not the first time that Plaintiff's counsel did this maneuver. But it will be the last. Mailed notice
10/26/2022 Notice of Claims Involving Trademarks by Blue Sphere, Inc.
10/26/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. Exhibit 2 to Kloetzy Declaration
10/26/2022 MEMORANDUM by Blue Sphere, Inc. in support of motion for temporary restraining order, 15
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)
10/26/2022 MOTION by Plaintiff Blue Sphere, Inc. for temporary restraining order Plaintiffs' 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
10/26/2022 MOTION by Plaintiff Blue Sphere, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10/24/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. Amended Schedule A
10/24/2022 AMENDED complaint by Blue Sphere, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit 1)
10/14/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
10/14/2022 MAILED trademark report to Patent Trademark Office, Alexandria VA.
10/13/2022 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 6, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice.
10/13/2022 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.
10/13/2022 CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.
10/13/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy
10/13/2022 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
10/13/2022 MOTION by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal
10/13/2022 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
10/13/2022 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
10/13/2022 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
10/13/2022 CIVIL Cover Sheet
10/13/2022 COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19938260.
附件:
1:(Exhibit 1)

下载文件请联系电话或者加微信

18523047090