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2022-cv-04410

Blue Sphere, Inc. et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2022-08-19
原告:Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
代理律所:HSP
诉讼类型:商标
# Date Description
[+] 1 2022-08-19 COMPLAINT filed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19758617.
2 2022-08-19 CIVIL Cover Sheet
3 2022-08-19 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
4 2022-08-19 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
5 2022-08-19 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
6 2022-08-19 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
7 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
[+] 8 2022-08-19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
9 2022-08-19 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2022-08-19 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and 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 Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
[+] 11 2022-08-19 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for temporary restraining order, 10
12 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration
13 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy
14 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration
15 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration
16 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration
17 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration
18 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 7 of Kloetzy Declaration
19 2022-08-19 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 8 of Kloetzy Declaration
20 2022-08-19 Notice of Claims Involving Trademarks by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
21 2022-08-19 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable Sara L. Ellis on 8/23/2022 at 09:45 AM.
22 2022-08-22 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for entry of a temporary restraining order 10, for leave to file under seal 6, and for leave to file excess pages 9. The Court sets a status date for 9/6/2022 at 9:30 a.m. and Plaintiff should file and notice for presentment to the next status date any motion for preliminary injunction. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before 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
[+] 23 2022-08-23 MAILED trademark report to Patent Trademark Office, Alexandria VA.
24 2022-08-25 SEALED ORDER. Signed by the Honorable Sara L. Ellis on 8/25/2022. Mailed notice
25 2022-08-31 MOTION by Plaintiff Blue Sphere, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
26 2022-08-31 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 25 before Honorable Sara L. Ellis on 9/6/2022 at 09:30 AM.
27 2022-08-31 SURETY BOND in the amount of $10,000 posted by Blue Sphere, Inc., Robert A Kloetzy. (Document not scanned)
28 2022-09-06 MINUTE entry before the Honorable Sara L. Ellis: Telephone Conference set for 9/6/2022 is stricken and reset to 9/7/2022 at 9:30 AM. Motion 25 is entered and continued. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before 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
29 2022-09-06 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion to extend the temporary restraining order 25 and extends it through 9/22/2022. The Court strikes the status date set for 9/7/2022 and resets it to 9/22/2022 at 1:30 p.m. Plaintiff should file and notice for presentment on the next status date any motion for preliminary injunction. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before 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
[+] 30 2022-09-19 MOTION by Plaintiff Blue Sphere, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order as to Certain Defendants
[+] 31 2022-09-19 MOTION by Plaintiff Blue Sphere, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-36 and 42-161
32 2022-09-19 MEMORANDUM by Blue Sphere, Inc. in support of motion for preliminary injunction 31
33 2022-09-19 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31
34 2022-09-19 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 31 before Honorable Sara L. Ellis on 9/22/2022 at 01:30 PM.
[+] 35 2022-09-21 MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's motion to extend the temporary restraining order 30. The Court has extended the temporary restraining order once 29 and contrary to Plaintiff's assertion, "the language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice." H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012), citing Sampson v. Murray, 415 U.S. 61, 8688, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974); Nutrasweet Co. v. VitMar Enterprises, Inc., 112 F.3d 689, 692 (3d Cir.1997); Pan American World Airways, Inc. v. Flight Engineers' Int'l Ass'n, 306 F.2d 840, 84243 (2d Cir.1962); Connell v. Dulien Steel Products, Inc., 240 F.2d 414, 417 (5th Cir.1957). Here, because the Court issued the TRO without notice and consent of Defendants, the Court will not extend the TRO beyond the 28 day limit described in Rule 65(b)(2). The Court grants Plaintiff's motion for entry of preliminary injunction 31. The Court strikes the status date set for 9/22/2022 and resets it to 10/25/2022 at 9:30 a.m. Plaintiff should file and notice for presentment at the next status date any motion for entry of default and default judgment. The Law Firm of Hughes Socol PIers Resnick & Dym Ltd is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before 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
36 2022-09-22 SUMMONS Returned Executed by Blue Sphere, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/21/2022, answer due 10/12/2022.
37 2022-09-23 MOTION by Plaintiff Blue Sphere, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 37-41 and 162-250
38 2022-09-23 MEMORANDUM by Blue Sphere, Inc. in support of motion for preliminary injunction 37
39 2022-09-23 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 37
40 2022-09-23 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 37 before Honorable Sara L. Ellis on 9/28/2022 at 09:45 AM.
41 2022-09-23 SUMMONS Returned Executed by Blue Sphere, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/23/2022, answer due 10/14/2022.
42 2022-09-28 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction 37. The Law Firm of Hughes Socol PIers Resnick & Dym Ltd is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice
43 2022-10-04 NOTICE of Voluntary Dismissal by Blue Sphere, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 67, 68
44 2022-10-05 NOTICE of Voluntary Dismissal by Blue Sphere, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 84, 95, 108
45 2022-10-10 NOTICE of Voluntary Dismissal by Blue Sphere, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 147
46 2022-10-11 NOTICE of Voluntary Dismissal by Blue Sphere, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 161
47 2022-10-13 NOTICE of Voluntary Dismissal by Blue Sphere, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 145
48 2022-10-18 DECLARATION of William B. Kalbac Declaration of Service
49 2022-10-18 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
[+] 50 2022-10-18 MEMORANDUM by Blue Sphere, Inc. in support of motion for default judgment 49
[+] 51 2022-10-18 DECLARATION of Michael A. Hierl regarding motion for default judgment 49
52 2022-10-18 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 49 before Honorable Sara L. Ellis on 10/25/2022 at 09:30 AM.
53 2022-10-24 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for default judgment 49 and enters default judgment in favor of Plaintiff and against Defendants listed on Amended Schedule A. Civil case terminated. Mailed notice
54 2022-10-27 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 10/27/2022:Mailed notice
55 2022-10-27 DEFAULT JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 10/27/2022:Mailed notice
56 2022-10-31 SATISFACTION of Judgment
57 2022-12-07 SATISFACTION of Judgment
58 2023-01-10 SATISFACTION of Judgment
59 2023-01-18 SATISFACTION of Judgment
60 2023-03-03 SATISFACTION of Judgment
61 2023-03-08 SATISFACTION of Judgment