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2022-cv-05476

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:2022-10-06
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 2022-10-06 COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19915617.
2 2022-10-06 CIVIL Cover Sheet
3 2022-10-06 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy by Michael A. Hierl
4 2022-10-06 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy by William Benjamin Kalbac
5 2022-10-06 ATTORNEY Appearance for Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy by Robert Payton Mcmurray
6 2022-10-06 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 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A
[+] 8 2022-10-06 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy
9 2022-10-06 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 2022-10-06 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 2022-10-06 MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for temporary restraining order, 10
12 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration
13 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy Declaration
14 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration
15 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration
16 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration
17 2022-10-06 SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration
18 2022-10-06 Notice of Claims Involving Trademarks by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy
19 2022-10-07 MAILED Trademark report to Patent Trademark Office, Alexandria VA
20 2022-10-07 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
21 2022-10-12 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings pursuant to IOP 13(f)(2)(b). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 11/12/2022.
22 2022-10-13 MINUTE entry before the Honorable Matthew F. Kennelly: This case has been reassigned to Judge Kennelly. Plaintiff is directed to submit proposed order(s) regarding its pending motions to Judge Kennelly's proposed order e-mail address.
23 2022-10-13 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 6 and motion for leave to file excess pages 9 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 10 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 10/27/2022 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion to extend the TRO or motion for preliminary injunction must be filed by no later than 10/24/2022. Any motion for preliminary injunction filed in this case must be accompanied by a certificate of service describing upon whom and how the motion has been served. 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.
24 2022-10-13 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 10/13/2022. Mailed notice.
25 2022-10-18 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 Scanned)
26 2022-10-24 MOTION by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
[+] 27 2022-10-25 MINUTE entry before the Honorable Matthew F. Kennelly: Ex parte motion to extend TRO 26 is granted. The ex parte temporary restraining order previously entered by the Court is extended through 11/10/2022. Telephonic preliminary injunction set for 10/27/2022 is vacated and reset to 11/10/2022 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion for preliminary injunction must be filed by no later than 11/7/2022 and must be accompanied by a certificate of service describing upon whom and how the motion has been served. 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.
28 2022-11-07 CERTIFICATE of Service by Michael A. Hierl on behalf of Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy
29 2022-11-07 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
30 2022-11-07 MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for preliminary injunction 29
[+] 31 2022-11-07 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29
32 2022-11-08 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 11/7/2022, answer due 11/28/2022.
33 2022-11-09 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction is granted 29. Enter Preliminary Injunction Order. The hearing set for 11/10/2022 is vacated. The Clerk is directed to unseal the file and is also directed to change the caption and title of the case to read Blue Sphere Inc. d/b/a Lucky 13 and Robert A. Koetzy vs. ai18141 et al. Law Firm 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 1/24/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Plaintiff is directed to file a status report regarding service of the injunction and settlement on 1/17/2023. Mailed notice.
[+] 34 2022-11-09 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 11/9/2022. Mailed notice.
35 2022-12-07 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. 7, 49
36 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.
37 2023-01-17 STATUS Report by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy
38 2023-01-18 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiffs' status report. The telephonic status hearing set for 1/24/2023 is vacate and reset to 3/9/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The deadline for filing any motion(s) for default judgment is 2/28/2023.
40 2023-02-23 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
[+] 41 2023-02-23 MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy in support of motion for default judgment[40]
[+] 42 2023-02-23 DECLARATION of Michael A. Hierl regarding motion for default judgment[40]
43 2023-02-24 DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 2/24/2023: Motion for entry of default judgment as to certain defendants 40 is granted.
44 2023-03-03 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs are directed to file on 3/6/2023 a status report stating whether any defendants remain in the case, and if so, how plaintiffs intend to proceed. The deadline for filing any motions for default judgment as run. Plaintiffs filed a motion for default judgment regarding "the defendants in identified in amended schedule A," which suggested that the motion concerned some but not all defendants, and the motion and supporting memorandum shed no further light on this. In the future, any motion for default judgment filed by plaintiffs' counsel in similar cases should clearly identify on its face whether it concerns all or just some defendants, and if the latter which defendants remain in the case.
45 2023-03-06 STATUS Report by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy
46 2023-03-07 MINUTE entry before the Honorable Matthew F. Kennelly: Based on the status report 45, this case is dismissed. Any hearing dates before this Court are stricken. Civil case terminated. Mailed notice.