Franek v. Walmart Stores, Inc. et al

Franek v. Walmart Stores, Inc. et al

Plaintiff:	Clemens Franek
Defendant:	Walmart Stores, Inc. and Target Corporation
Case Number:	1:2008cv00058
Filed:	January 3, 2008
Court:	US District Court for the Northern District of Illinois
Office:	Chicago Office
County:	XX US, Outside the State of IL
Presiding Judge:	Robert M. Dow
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By:	Plaintiff

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Docket Report

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Date Filed	Document Text
July 29, 2009	Filing 86 CERTIFIED copy of order dated 7/29/09 from the 7th Circuit regarding notice of appeal 74 ; It Is Ordered that the clerk of this court shall modify the docket to reflect that Walmart Stores, Incorporated and Target Corporation are not parties in this appeal; Appellate case no. : 09-2155. (gcy, )
June 1, 2009	Filing 85 USCA RECEIVED on 6/1/09 the long record regarding notice of appeal 74 (dj, )
June 1, 2009	Filing 84 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 74 (USCA no. 09-2155) (dj, )
May 19, 2009	Filing 83 NOTICE by Clemens Franek Transcript Certificate (Roth, Mark)
May 19, 2009	Filing 82 SEVENTH CIRCUIT transcript information sheet by Clemens Franek (Roth, Mark)
May 18, 2009	Filing 81 NOTICE by Clemens Franek Designation of Record On Appeal (Roth, Mark)
May 18, 2009	Filing 80 DESIGNATION by Clemens Franek of record on appeal (Roth, Mark)
May 13, 2009	Filing 79 DESIGNATION by Jay Franco & Sons, Inc. of record on appeal (Sutton, Ezra)
May 1, 2009	Filing 78 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 74 ; USCA Case No. 09-2155. (aac, )
April 30, 2009	Filing 77 TRANSMITTED to the 7th Circuit the short record on notice of appeal 74 . Notified counsel. (yap, )
April 29, 2009	Filing 76 NOTICE of Appeal Due letter sent to counsel of record. (yap, )
April 28, 2009	Filing 75 NOTICE by Clemens Franek Notice of Appeal (Attachments: # 1 Notice of Filing Service List)(Roth, Mark)
April 28, 2009	Filing 74 NOTICE of appeal by Clemens Franek regarding orders 67 , 72 Filing fee $ 455, receipt number 07520000000003715292. (Also appealing 08-cv-1313 docket entry no. 26)(Roth, Mark) Modified on 4/28/2009 (kj, ).
March 31, 2009	Filing 72 ENTERED JUDGMENT Signed by the Deputy Clerk on 3/31/2009.Mailed notice(tbk, )
March 30, 2009	Filing 71 MINUTE entry before the Honorable Robert M. Dow, Jr: For the reasons stated below, Franek's motion 69 to amend the Court's March 13, 2009 order 68 pursuant to Fed. R. Civ. P. 59(e) is granted. Notice of motion date of 4/1/09 is stricken and no appearances are necessary on that date. [ For further details see minute order.] Mailed notice (aac, )
March 23, 2009	Filing 70 NOTICE of Motion by Mark Daniel Roth for presentment of motion to amend/correct 69 before Honorable Robert M. Dow Jr. on 4/1/2009 at 09:15 AM. (Roth, Mark)
March 23, 2009	Filing 69 MOTION by Plaintiff Clemens Franek to amend/correct Amend Order of March 13, 2009 (Attachments: # 1 Text of Proposed Order)(Roth, Mark)
March 13, 2009	Filing 68 MEMORANDUM Opinion and Order Signed by the Honorable Robert M. Dow, Jr on 3/13/2009.Mailed notice(tbk, )
March 13, 2009	Filing 67 MINUTE entry before the Honorable Robert M. Dow, Jr:Pursuant to Memorandum Opinion and Order dated 3/13/09, Plaintiffs motion for partial summary judgment 41 is granted as to Count II of its Complaint for Declaratory Judgment and Other Relief and Franeks U.S. Trademark Registration No. 1,502,261 is invalid as functional. Plaintiffs motion for summary judgment 41 is also granted as to Counts I through IV of Clemens Franeks Counterclaims against Jay Franco & Sons.Mailed notice (tbk, )
February 23, 2009	Filing 66 AGREED Consent Order extending the time to complete discovery and ordering a settlement conference. Signed by the Honorable Robert M. Dow, Jr on 2/23/2009. (aac, )
February 23, 2009	Filing 65 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendant Walmart Stores, Inc. for extension of time to complete discovery 63 is Granted. ENTER AGREED CONSENT ORDER EXTENDING THE TIME TO COMPLETE DISCOVERY AND ORDERING A SETTLEMENT CONFERENCE: the deadline to complete fact discovery is extended to 7/13/09; the date that expert reports are due is extended to 8/16/09; and the deadline to complete expert discovery is extended to 11/7/09. Notice of Motion date of 2/26/09 is stricken and no appearances are necessary on that date. [ For further detail see separate order(s).] Mailed notice (aac, )
February 20, 2009	Filing 64 NOTICE of Motion by Mark A. Paskar for presentment of motion for extension of time to complete discovery 63 before Honorable Robert M. Dow Jr. on 2/26/2009 at 09:15 AM. (Paskar, Mark)
February 18, 2009	Filing 63 MOTION by Defendant Walmart Stores, Inc. for extension of time to complete discovery (Agreed) and Requesting a Settlement Conference (Paskar, Mark)
November 6, 2008	Filing 62 MINUTE entry before the Honorable Robert M. Dow, Jr:Status hearing date of 11/13/08 is stricken and Status hearing reset for 1/14/2009 at 09:15 AM.Mailed notice (tbk, )
October 8, 2008	Filing 61 AGREED Consent order extending the time to complete discovery and ordering a settlement conference. Signed by the Honorable Robert M. Dow, Jr on 10/8/2008. (aac, )
October 8, 2008	Filing 60 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Counter Defendants Jay Franco & Sons, Inc., Jay Franco & Sons, Inc., Counter Claimants Clemens Franek, Target Corporation, Clemens Franek, Plaintiff Clemens Franek, Defendants Walmart Stores, Inc., Target Corporation for extension of time to complete discovery and Requesting a Settlement Conference 59 is granted. ENTER AGREED CONSENT ORDER: Time to complete fact discovery is extended to 3/13/09; date that expert reports are due is extended to 4/16/09; and deadline to complete expert discovery is extended to 7/7/09. A settlement conference will be scheduled with a Judge or a Magistrate Judge if pending motion for summary judgment is not granted. [ For further detail see separate order(s).] Mailed notice (aac, )
October 7, 2008	Filing 59 MOTION by Counter Defendants Jay Franco & Sons, Inc., Jay Franco & Sons, Inc., Counter Claimants Clemens Franek, Target Corporation, Clemens Franek, Plaintiff Clemens Franek, Defendants Walmart Stores, Inc., Target Corporation for extension of time to complete discovery Agreed Motion Requesting an Extension of Time to Complete Discovery and Requesting a Settlement Conference (Attachments: # 1 Text of Proposed Order Agreed Consent Order Extending the Time to Complete Discovery and Ordering a Settlement Conference)(Sutton, Ezra)
September 9, 2008	Filing 58 MINUTE entry before the Honorable Robert M. Dow, Jr: The motion by Defendant Franek for leave to file a sur-reply brief 51 is denied at this time. If the Court determines in course of its consideration of the motion that further argument from Defendant Franek is warranted, the Court will request a sur-reply at that time.Mailed notice (tbk, )
August 28, 2008	Filing 56 MINUTE entry before the Honorable Robert M. Dow, Jr:The above-entitled case having been consolidated for all purposes with Case No. 08 C 58, Franek v. Walmart Stores, Inc., et al, It is Ordered that 08 C 1313, Jay Franco & Sons, Inc. v. Franek, is hereby dismissed and all future pleadings are to be filed in 08 C 58 only. Mailed notice (aac, )
August 28, 2008	Filing 55 MINUTE entry before the Honorable Robert M. Dow, Jr: Enter Following Minute Order nunc pro tunc as of 4/17/08: Stipulated Motion to Consolidate 27 Two Related Actions on Consent Pursuant to FRCP 42(1) is granted. Case 08 C 1313, Jay Franco & Sons, Inc. vs. Clemens Franek, is found to be related to the above-entitled action and is ordered consolidated for all purposes. Defendant Franek shall file his answer to the complaint within 10 days of this Order. Both parties shall serve their Initial Disclosures under Rule 26 within 10 days of this Order. Both parties shall join in the existing discovery schedule in the prior action: Fact discovery to be completed by 12/12/08; Opening expert reports are due 1/16/09; Rebuttal expert reports due by 3/6/09; Expert discovery will be completed by 4/3/09. (FOR ALL FURTHER PROCEEDINGS SEE CASE 08 C 58, Franek vs. Walmart Stores.) Mailed notice (aac, )
August 25, 2008	Filing 54 MINUTE entry before the Honorable Robert M. Dow, Jr:The Court has before it Defendant's motion for leave to file a sur-reply brief 21 and Plaintiff's opposition 23 to that motion. The Court will take the motion under advisement and issue a ruling by mail after it has examined the reply brief, the motion, and the response. Notice of motion date of 8/28/08 is stricken and no appearances are necessary on that date. Mailed notice (aac, )
August 22, 2008	Filing 53 RESPONSE by Jay Franco & Sons, Inc.in Opposition to MOTION by Defendant Clemens Franek for leave to file Sur-Reply Brief 51 Plaintiff Jay Franco & Sons, Inc.'s Opposition to Defendant's Motion for Leave to File Sur-Reply Brief (aac, )
August 20, 2008	Filing 52 NOTICE of Motion by Mark Daniel Roth for presentment of motion for leave to file 21 before Honorable Robert M. Dow Jr. on 8/28/2008 at 09:15 AM. (aac, )
August 20, 2008	Filing 51 MOTION by Defendant Clemens Franek for leave to file Sur-Reply Brief (aac, )
August 14, 2008	Filing 50 REPLY by Jay Franco & Sons, Inc. to memorandum in opposition to motion 47 , response in opposition to motion 48 Plaintiff jay Franco & Sons, Inc.'s Reply memorandum in Support of its Motion for Partial Summary Judgment (Attachments: # 1 Supplement Plaintiff Franco's Responses to Defendant's Statement of Material Facts (1 - 29), # 2 Supplement Plaintiff jay Franco's Responses to Franek's Objections)(aac, )
August 14, 2008	Filing 49 MINUTE entry before the Honorable Ruben Castillo: Motion hearing held. Plaintiff's motion for leave to file reply memorandum in support of its motion for partial summary judgment of law in excess of 15 pages is granted. Reply brief is limited to 24 pages. Mailed notice (aac, )
August 14, 2008	Filing 40 MINUTE entry before the Honorable Ruben Castillo: Motion hearing held. Plaintiff's motion for leave to file reply memorandum in support of its motion for partial summary judgment of law in excess of 15 pages is granted. Reply brief is limited to 24 pages. Mailed notice (slb, )
July 31, 2008	Filing 39 MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Counter Defendant Jay Franco & Sons, Inc. for extension of time to file reply to Clemens Franek's Response to Jay Franco & Sons, Inc.'s Motion for Summary Judgment 38 , from 8/4/08 to and including 8/14/08, is Granted. Mailed notice (tbk, )
July 31, 2008	Filing 38 MOTION by Counter Defendant Jay Franco & Sons, Inc. for extension of time to file response/reply to Clemens Franek's Response to Jay Franco & Sons, Inc.'s Motion for Summary Judgment (Attachments: # 1 Text of Proposed Order Stipulated Consent Order)(Sutton, Ezra)
July 21, 2008	Filing 48 RESPONSE by Clemens Franek Opposition to MOTION by Plaintiff Jay Franco & Sons, Inc. for summary judgment PLAINTIFF JAY FRANCO & SONS, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT 41 Response to Statement of Facts (aac, )
July 21, 2008	Filing 47 MEMORANDUM by Clemens Franek in Opposition to motion for summary judgment 41 (Attachments: # 1 Declaration Franek, # 2 Exhibit Beach Towel shapes, # 3 Exhibit Notice to REI, # 4 Exhibit Claim Charts)(aac, )
May 21, 2008	Filing 36 MINUTE entry before the Honorable Robert M. Dow, Jr:Status hearing held on 5/21/2008. Response to motion for summary judgment (filed inadvertently in consolidated case 08 c 1313) is due on or before 7/21/08. Reply brief will be due, if no expert, on or before 8/4/08 or on 8/18/08 if there is an expert. Ruling on motion for summary judgment will be by mail. Status hearing set for 11/13/2008 at 09:00 AM.)Mailed notice (tbk, )
May 20, 2008	Filing 37 MINUTE entry before the Honorable Robert M. Dow, Jr: The above-entitled cases have been consolidated for all purposes. A motion for summary judgment 10 was inadvertently filed in Case 08 C 1313 and should have been filed in 08 C 58. All further pleadings to be filed only in 08 C 58. Mailed notice (ca, )
May 20, 2008	Filing 35 Jay Franco & Sons, Inc.'s ANSWER to counterclaim filed by Clemens Franek by Jay Franco & Sons, Inc.(Sutton, Ezra)
May 19, 2008	Filing 46 Jay Franco & Sons, Inc.'s NOTICE of Motion by Ezra Sutton for presentment of motion for judgment 41 before Honorable Robert M. Dow Jr. on 5/21/2008 at 09:00 AM. (aac, )
May 16, 2008	Filing 57 DECLARATION of Robert John Anders by Jay Franco & Sons, Inc. In Support Of Jay Franco & Sons, Inc.'s Partial Motion For Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(aac, )
May 16, 2008	Filing 45 MOTION by Plaintiff Jay Franco & Sons, Inc. for summary judgment Appendix of Exhibits In Support of Jay Franco & Sons, Inc.'s Partial Motion For Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Errata 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26)(aac, )
May 16, 2008	Filing 44 MOTION by Plaintiff Jay Franco & Sons, Inc. for summary judgment Plaintiff Jay Franco & Sons, Inc.'s Local Rule 56.1(a)(3) Statement Of Material Facts As To Which There Is No Genuine Issue (aac, )
May 16, 2008	Filing 43 MOTION by Plaintiff Jay Franco & Sons, Inc. for summary judgment Plaintiff Jay Franco & Sons, Inc's Memorandum In Support Of Its Motion For Partial Summary Judgment (aac, )
May 16, 2008	Filing 42 MOTION by Plaintiff Jay Franco & Sons, Inc. for summary judgment Notice Of Motion For Partial Summary Judgment . (aac, )
May 16, 2008	Filing 41 MOTION by Plaintiff Jay Franco & Sons, Inc. for summary judgment PLAINTIFF JAY FRANCO & SONS, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT . (aac, )
May 6, 2008	Filing 34 ANSWER to COMPLAINT for declaratory judgment, affirmative defenses and COUNTERCLAIM filed by Clemens Franek against Jay Franco & Sons, Inc. (jmp, ).
May 6, 2008	Filing 33 MINUTE entry before Judge Honorable Robert M. Dow, Jr: MOTION by Plaintiff Clemens Franek for leave to file 31 Answer to Complaint, Affirmative Defenses and Counterclaims is granted. Notice of Motion date of 5/7/078 is stricken.Mailed notice (tbk, )
May 2, 2008	Filing 32 NOTICE of Motion by Mark Daniel Roth for presentment of motion for leave to file 31 before Honorable Robert M. Dow Jr. on 5/7/2008 at 09:15 AM. (Roth, Mark)
May 2, 2008	Filing 31 MOTION by Plaintiff Clemens Franek for leave to file Answer to Complaint, Affirmative Defenses and Counterclaims (Attachments: # 1 Answer, Affirmative Defenses and Counterclaims)(Roth, Mark)
April 18, 2008	Filing 30 MINUTE entry before Judge Honorable Robert M. Dow, Jr: Stipulated Motion to Consolidate 27 Two Related Actions on Consent Pursuant to FRCP 42(1) is granted. Case 08 C 1313, Jay Franco & Sons, Inc. vs. Clemens Franek, is found to be related to the above-entitled action and is ordered consolidated for all purposes. Defendant Franek shall file his answer to the complaint within 10 days of this Order. Both parties shall serve their Initial Disclosures under Rule 26 within 10 days of this Order. Both parties shall join in the existing discovery schedule in the prior action: Fact discovery to be completed by 12/12/2008; Opening expert reports are due 1/16/2009; Rebuttal expert reports due by 3/6/09; Expert discovery will be completed by 4/3/2009. Mailed notice (jmp, )
April 17, 2008	Filing 29 MINUTE entry before Judge Honorable Robert M. Dow, Jr: Status hearing held on 4/17/2008. Status hearing set for 5/21/2008 at 09:00 AM.Mailed notice (tbk, )
April 15, 2008	Filing 28 NOTICE of Motion by Mark Daniel Roth for presentment of motion to consolidate cases 27 before Honorable Robert M. Dow Jr. on 4/17/2008 at 09:00 AM. (Roth, Mark)
April 15, 2008	Filing 27 MOTION by Plaintiff Clemens Franek to consolidate cases (Roth, Mark)
March 26, 2008	Filing 26 NOTICE by Clemens Franek re Response 25 , Response 24 Answer to Wal-Mart Stores, Inc.'s Affirmative Defenses and Answer to Target Corporation's Affirmative Defenses and Counterclaims (Roth, Mark)
March 26, 2008	Filing 25 RESPONSE by Plaintiff Clemens Franek to answer to complaint, counterclaim 18 by Target Corporation (Roth, Mark)
March 26, 2008	Filing 24 RESPONSE by Plaintiff Clemens Franek to answer to complaint 22 Walmart Stores, Inc.'s Affirmative Defenses (Roth, Mark)
March 19, 2008	Filing 23 Corporate Disclosure STATEMENT by Walmart Stores, Inc. (Paskar, Mark)
March 18, 2008	Filing 22 ANSWER to Complaint and Affirmative Defenses by Walmart Stores, Inc.(Paskar, Mark)
March 5, 2008	Filing 21 MINUTE entry before Judge Robert M. Dow Jr.: Status hearing held on 3/5/2008. MOTION by Defendant Walmart Stores, Inc. for extension of time to file answer or otherwise plead Agreed 19 is granted to and including 3/18/08. Status hearing set for 4/17/2008 at 09:00 AM.Mailed notice (tbk, )
March 4, 2008	Filing 20 Agreed NOTICE of Motion by Jena M. Valdetero for presentment of motion for extension of time to file answer 19 before Honorable Robert M. Dow Jr. on 3/13/2008 at 09:15 AM. (Valdetero, Jena)
March 4, 2008	Filing 19 MOTION by Defendant Walmart Stores, Inc. for extension of time to file answer or otherwise plead Agreed (Valdetero, Jena)
March 3, 2008	Filing 18 Target Corporation's ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Target Corporation against Clemens Franek and Disclosure Statement. by Target Corporation(Gollwitzer, Arthur)
February 27, 2008	Filing 17 NOTICE by Clemens Franek re status report 16 (Roth, Mark)
February 27, 2008	Filing 16 STATUS Report by Clemens Franek (Roth, Mark)
February 19, 2008	Filing 15 CERTIFICATE by Walmart Stores, Inc. of Compliance with Local Rule 16.3 and Notice of Willingness to Participate in Lanham Act Mediation (Valdetero, Jena)
February 19, 2008	Filing 14 ATTORNEY Appearance for Defendant Walmart Stores, Inc. by Jena M. Valdetero (Valdetero, Jena)
February 19, 2008	Filing 13 ATTORNEY Appearance for Defendant Walmart Stores, Inc. by Mark A. Paskar (Paskar, Mark)
February 19, 2008	Filing 12 ATTORNEY Appearance for Defendant Walmart Stores, Inc. by David A. Roodman (Roodman, David)
February 7, 2008	Filing 11 CERTIFICATE by Target Corporation of Compliance with Procedures for Voluntary Mediation Program for Lanham Act Cases (Saret, Larry)
February 7, 2008	Filing 10 ATTORNEY Appearance for Defendant Target Corporation by Gilberto Eduardo Espinoza (Espinoza, Gilberto)
February 7, 2008	Filing 9 ATTORNEY Appearance for Defendant Target Corporation by Arthur Gollwitzer, III (Gollwitzer, Arthur)
February 7, 2008	Filing 8 ATTORNEY Appearance for Defendant Target Corporation by Larry L. Saret (Saret, Larry)
January 28, 2008	Filing 7 NOTICE by Clemens Franek re consent to mediation 6 & Certificate of Compliance with Local Rule 16.3 (Roth, Mark)
January 28, 2008	Filing 6 CONSENT to Mediation by Clemens Franek(Roth, Mark)
January 28, 2008	Filing 5 MINUTE entry before Judge Robert M. Dow Jr.:Status hearing is set March 5, 2008 at 9:00 a.m. and at least one week prior to the initial status conference, the parties are directed to file a joint written status report of not more than five pages (see Judge Dow's web page for Standing Order Regarding Initial Status Reports). At the initial status conference, counsel will be asked to discuss (i) the nature of the case; (ii) factual and legal issues; (iii) settlement discussions to date and settlement potential; (iv) discovery taken to date and anticipated in the future; and (v) potential motions to be filed. Mailed notice (tbk, )
January 4, 2008	MAILED trademark report to Patent Trademark Office, Alexandria, VA. (gmr, )
January 4, 2008	MAILED Lanham Act Package to Plaintiff's counsel. (gmr, )
January 3, 2008	Filing 3 ATTORNEY Appearance for Plaintiff Clemens Franek by Mark Daniel Roth. (gmr, )
January 3, 2008	Filing 2 CIVIL Cover Sheet. (gmr, )
January 3, 2008	Filing 1 COMPLAINT filed by Clemens Franek; Jury Demand. Filing fee $ 350. (gmr, )

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Plaintiff: Clemens Franek
Represented By:	Mark Daniel Roth
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Defendant: Walmart Stores, Inc.
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Defendant: Target Corporation
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