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2022-cv-04545

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

法院:伊利诺伊州北法院
发案日期:2022-08-26
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 2022-08-26 COMPLAINT filed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19779919.
2 2022-08-26 CIVIL Cover Sheet
3 2022-08-26 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
4 2022-08-26 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
5 2022-08-26 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
6 2022-08-26 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 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
[+] 8 2022-08-26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
9 2022-08-26 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 2022-08-26 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 2022-08-26 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for temporary restraining order, 10
12 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration
13 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy Declaration
14 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration
15 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration
16 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration
17 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration
18 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 7 of Kloetzy Declaration
19 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 8 of Kloetzy Declaration
20 2022-08-26 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 9 of Kloetzy Declaration
21 2022-08-26 Notice of Claims Involving Trademarks by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy
22 2022-08-29 MAILED Trademark report to Patent Trademark Office, Alexandria VA
23 2022-08-29 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
24 2022-08-29 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 6, motion to exceed page limitation 9, and 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 10 are set for telephonic hearing on 9/1/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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
25 2022-09-01 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 9/1/2022. Plaintiff's motion for leave to file under seal 6, motion to exceed page limitation 9, and 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 10 are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 7 and (2) Exhibit 2, Parts 1-9 to the Declaration of Robert A. Kloetzy 12, 13, 14, 15, 16, 17, 18, 19, 20. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:00 a.m. on 9/1/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 9/15/2022 at 11:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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
26 2022-09-01 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 9/1/2022.
27 2022-09-15 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for extension of time Plaintiffs' Ex Parte motion to Extend the Temporary Restraining Order
28 2022-09-15 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held on 9/15/2022. For the reasons stated on the record, Plaintiff's ex parte motion to extend the temporary restraining order 27 is granted. The Court finds good cause to extend the temporary restraining order entered 9/1/2022 26 for an additional 14 days until 9/29/2022. Telephonic status hearing set for 9/29/2022 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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 2022-09-15 SURETY BOND in the amount of $ 10,000.00 posted by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy. (Document not imaged)
30 2022-09-26 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
31 2022-09-26 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for preliminary injunction 30
[+] 32 2022-09-26 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 30
33 2022-09-26 SUMMONS Returned Executed by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/26/2022, answer due 10/17/2022.
34 2022-09-27 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 38
35 2022-09-29 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/29/2022. Only Plaintiff appears. For the reasons stated on the record, Plaintiffs' motion for entry of a preliminary injunction 30 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal Schedule A 7, Exhibit 2, Parts 1-9 to the Declaration of Robert A. Kloetzy 12, 13, 14, 15, 16, 17, 18, 19, 20 and the Sealed Temporary Restraining Order 26. 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 www.ilnd.courts.com/instructions. Telephonic status hearing set for 11/29/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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 2022-09-29 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 9/29/2022. Mailed notice
37 2022-10-04 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 140
38 2022-10-13 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 144
39 2022-10-26 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 31, 42
40 2022-11-03 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
41 2022-11-17 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 214
42 2022-11-28 MINUTE entry before the Honorable Andrea R. Wood: Due to the Court's trial schedule, the telephonic status hearing set for 11/29/2022 is stricken and reset for 12/22/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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
43 2022-12-06 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 145, 153, 161
44 2022-12-22 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 12/22/2022 and continued to 2/2/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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
45 2022-12-29 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.
46 2023-01-11 NOTICE of Voluntary Dismissal by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 148
47 2023-02-02 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/2/2023 and continued to 3/9/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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
48 2023-02-09 DECLARATION of William B. Kalbac Declaration of Service
49 2023-02-09 MOTION by Plaintiff Blue Sphere, Inc., d/b/a Lucky 13 and 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
[+] 50 2023-02-09 MEMORANDUM by Blue Sphere, Inc., d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for default judgment 49
[+] 51 2023-02-09 DECLARATION of Michael A. Hierl regarding motion for default judgment 49
52 2023-02-17 MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for entry of default and default judgment against the Defendants identified in Amended Schedule A 49 will be heard at the telephonic hearing set for 3/9/2023 at 9:45 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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
53 2023-03-09 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 3/9/2023. For the reasons stated on the record, Plaintiffs' motion for entry of default and default judgment against the Defendants identified in Amended Schedule A 49 is granted as unopposed. Enter Final Judgment Order. Civil case terminated. Mailed notice
54 2023-03-14 MAILED trademark report and certified copy of order dated 3/9/2023 to Patent Trademark Office, Alexandria VA
55 2023-03-22 SATISFACTION of Judgment