Milo Enterprises, Inc. v. Bird-X, Inc., et al
| MILO ENTERPRISES, INC. |
| Bird-X, Inc. and Does 1 through 10, inclusive |
| 1:2018cv06315 |
| September 17, 2018 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Trademark |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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Filing 50
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: Settlement conference.(ca, ).Mailed notice.
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Filing 49
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 11/6/18. Initial written discovery requests are to be served by 12/7/18; the deadline to amend the pleadings and join parties is 1/24/19. Fact discovery shall close on 7/1/19. At the parties' request, this case is referred to Magistrate Judge Gilbert for a settlement conference. Status hearing set for 3/7/19 at 9:00 a.m. Mailed notice (ca, )
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Filing 48
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Initial Status Report, filed by Plaintiff MILO ENTERPRISES, INC.. (Hung, Benjamin)
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Filing 47
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Counter Claimant Bird-X, Inc., Defendant Bird-X, Inc.. (Sullivan, Sean)
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Filing 46
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff MILO ENTERPRISES, INC.. (Hung, Benjamin)
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Filing 45
ANSWER to counterclaim by MILO ENTERPRISES, INC. (Hung, Benjamin)
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Filing 44
MINUTE entry before the Honorable John Z. Lee:Motions to appear pro hac vice by Tony Wong #39 and Benjamin Hung #40 are granted. Mailed notice (ca, )
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Filing 43
REQUEST for Clerk of Court to refund filing fee in the amount of 150, receipt no. 26CQF4PG, Agency Tracking ID: 0752-15048850 (Wiemelt, Mark)
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Filing 42
Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project by MILO ENTERPRISES, INC. Benjamin Hung (Wiemelt, Mark)
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Filing 41
Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project by MILO ENTERPRISES, INC. Tony Wong (Wiemelt, Mark)
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Filing 40
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15048890. Benjamin Hung (Wiemelt, Mark)
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Filing 39
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15048850. Tony Wong (Wiemelt, Mark)
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Filing 38
Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project by MILO ENTERPRISES, INC. (Wiemelt, Mark)
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Filing 37
ATTORNEY Appearance for Plaintiff MILO ENTERPRISES, INC., Counter Defendant MILO ENTERPRISES, INC. by Mark E. Wiemelt (Wiemelt, Mark)
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Filing 36
ANSWER to Complaint with Jury Demand (Answer to First Amended Complaint), COUNTERCLAIM filed by Bird-X, Inc. against MILO ENTERPRISES, INC. . by Bird-X, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certification by Attorney Re Discovery Obligations Under Mandatory Initial Discovery Pilot Project)(Sullivan, Sean)
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Filing 35
ATTORNEY Appearance for Defendant Bird-X, Inc. by Sean Michael Sullivan (Sullivan, Sean)
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Filing 34
ATTORNEY Appearance for Defendant Bird-X, Inc. by Yesha Sutaria Hoeppner (Hoeppner, Yesha)
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Filing 33
ATTORNEY Appearance for Defendant Bird-X, Inc. by Eric L. Samore (Samore, Eric)
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Filing 32
MINUTE entry before the Honorable John Z. Lee:Initial status hearing set for 11/6/18 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, )
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Filing 31
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (mma, )
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Filing 30
MAILED Rule 83.15 letter to all counsel of record. (mma, )
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Filing 29
MAILED trademark report to Patent Trademark Office, Alexandria VA (mma, )
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Filing 28
RECEIVED from California Central; Case Number 2:18-cv-03857 (mma)
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Filing 27
ORDER GRANTING IN PART DEFENDANT BIRD-X INC.'S MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER TO THE NORTHERN DISTRICT OF ILLINOIS by Judge Andre Birotte Jr.: Before the Court is Defendant's Motion to Dismiss or Transfer Venue to the Northern District of Illinois #18 . The Court DENIES the motion to dismiss. The Court lacks personal jurisdiction over Defendant, and GRANTS the motion to transfer the case to the Northern District of Illinois. Case transferred electronically. ( MD JS-6. Case Terminated. ) (gk) [Transferred from California Central on 9/17/2018.]
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Filing 26
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or In The Alternative To Transfer This Action #18 to the Northern District of Illinois filed by Defendant Bird-X, Inc.. (Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 25
DECLARATION of Tony Wong In support of Plaintiff's Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or In The Alternative To Transfer This Action #18 filed by Plaintiff Milo Enterprises, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9)(Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 24
DECLARATION of Michael Liu In Support of Plaintiff's Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or In The Alternative To Transfer This Action #18 filed by Plaintiff Milo Enterprises, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 23
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or In The Alternative To Transfer This Action #18 filed by Plaintiff Milo Enterprises, Inc.. (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 22
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Stuart Russell Dunwoody to Appear Pro Hac Vice on behalf of Defendant Bird-X, Inc., designating Sean M. Sullivan as local counsel #17 . (gk) [Transferred from California Central on 9/17/2018.]
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Filing 21
CORPORATE DISCLOSURE STATEMENT filed by Defendant Bird-X, Inc. (Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 20
CERTIFICATE of Interested Parties filed by Defendant Bird-X, Inc., (Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/2/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb) [Transferred from California Central on 9/17/2018.]
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Filing 18
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Or In The Alternative To Transfer This Action filed by Defendant Bird-X, Inc.. Motion set for hearing on 9/14/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Dennis Tilles, #2 Declaration of Sean M. Sullivan, #3 Proposed Order) (Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 17
APPLICATION of Non-Resident Attorney Stuart Russell Dunwoody to Appear Pro Hac Vice on behalf of Defendant Bird-X, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22236857) filed by Defendant Bird-X, Inc.. (Attachments: #1 Proposed Order) (Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 16
First AMENDED COMPLAINT against Defendants Bird-X, Inc., Does amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Milo Enterprises, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 15
ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #14 , the Court hereby orders that defendant Bird-X, Inc. shall have until and including 7/27/2018 to answer or otherwise respond to the Complaint. (gk) [Transferred from California Central on 9/17/2018.]
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Filing 14
STIPULATION for Extension of Time to File Answer to 07/27/2018 re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Bird-X, Inc.. (Attachments: #1 Proposed Order)(Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 13
STIPULATION Extending Time to Answer the complaint as to Bird-X, Inc. answer now due 7/6/2018, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Bird-X, Inc..(Attorney Sean M Sullivan added to party Bird-X, Inc.(pty:dft))(Sullivan, Sean) [Transferred from California Central on 9/17/2018.]
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Filing 12
PROOF OF SERVICE Executed by Plaintiff Milo Enterprises, Inc., upon Defendant Bird-X, Inc. served on 5/17/2018, answer due 6/7/2018. Service of the Summons and Complaint were executed upon Dennis Telles, President in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 11
21-Day Summons Issued re Complaint #1 as to Defendant Bird-X, Inc. (gk) [Transferred from California Central on 9/17/2018.]
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) [Transferred from California Central on 9/17/2018.]
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Filing 9
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Milo Enterprises, Inc.. (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 8
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) [Transferred from California Central on 9/17/2018.]
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Filing 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 9/17/2018.]
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Filing 6
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Karen L. Stevenson. (esa) [Transferred from California Central on 9/17/2018.]
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Filing 5
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by MILO ENTERPRISES, INC.. (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 4
CIVIL COVER SHEET filed by Plaintiff MILO ENTERPRISES, INC.. (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 3
CERTIFICATE of Interested Parties filed by Plaintiff MILO ENTERPRISES, INC., (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 2
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff MILO ENTERPRISES, INC.. (Wong, Tony) [Transferred from California Central on 9/17/2018.]
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Filing 1
COMPLAINT Receipt No: 0973-21720279 - Fee: $400, filed by Plaintiff MILO ENTERPRISES, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I) (Attorney Tony Wingkit Wong added to party MILO ENTERPRISES, INC. (pty:pla))(Wong, Tony) [Transferred from California Central on 9/17/2018.]
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