SFG, Inc. v. Musk et al
| SFG, Inc. D/B/A Next Door Restaurant, SFG, Inc. and SFG, Inc. doing business as Next Door Restaurant |
| Kimbal Musk and The Kitchen Cafe, LLC |
| 1:2019cv02198 |
| March 29, 2019 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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| Filing 48 REPLY by Plaintiff SFG, Inc. to objections #41 (Keck, Robert) |
| Filing 47 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Plaintiffs reply to Defendants' response to Plaintiff's objections to Defendants' witness testimony and exhibits #45 shall be filed 7/10/2019. No further briefing required. Ruling by mail. Mailed notice (ef, ) |
| Filing 46 REPLY by Defendants Kimbal Musk, The Kitchen Cafe, LLC to motion to strike #31 , supplement #44 In Support of Motion to Strike Samuels' Report and Motion to Strike Samuels' Supplemental Report (Attachments: #1 Declaration of Richard P. Sybert)(Sybert, Richard) |
| Filing 45 RESPONSE by Defendants Kimbal Musk, The Kitchen Cafe, LLC to objections #41 to Defendants' Witness List and Exhibit List for Hearing on Plaintiff's Motion for Preliminary Injunction (Sybert, Richard) |
| Filing 44 SUPPLEMENT to Expert Report of Jeffrey M. Samuels (Keck, Robert) |
| Filing 43 Defendants' Witness List and Exhibit List for Hearing on Plaintiff's Motion for Preliminary Injunction by Kimbal Musk, The Kitchen Cafe, LLC (Sybert, Richard) |
| Filing 42 OBJECTIONS to Plaintiff's Witness List and Exhibit List for Hearing on Plaintiff's Motion for Preliminary Injunction (Sybert, Richard) |
| Filing 41 OBJECTIONS to Defendants' Witness Testimony and Exhibits (Keck, Robert) |
| Filing 40 RESPONSE by Plaintiff SFG, Inc. to motion to strike #31 Expert Report of Jeffrey M. Samuels (Keck, Robert) |
| Filing 39 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. The preliminary injunction hearing set for 7/1/2019 and 7/2/2019 is stricken and reset to 8/1/2019 and 8/2/2019 at 9:45 a.m. Response to the motion to strike expert report #31 is due by 6/24/2019; reply by 7/1/2019. Motion hearing date of 7/1/2019 is stricken. Status hearing is set for 7/2/2019 at 10:30 a.m. Mailed notice (ags, ) |
| Filing 38 REPLY by Plaintiff SFG, Inc. to motion for preliminary injunction #9 (Keck, Robert) |
| Filing 37 ANSWER to Complaint by Kimbal Musk, The Kitchen Cafe, LLC(Dammann, Reid) |
| Filing 36 STATUS Report by SFG, Inc. (Keck, Robert) |
| Filing 35 NOTICE of Motion by Richard P Sybert for presentment of motion to strike #31 before Honorable Andrea R. Wood on 7/1/2019 at 09:00 AM. (Sybert, Richard) |
| Filing 34 NOTICE of Motion by Richard P Sybert for presentment of motion to seal document #32 before Honorable Andrea R. Wood on 7/1/2019 at 09:00 AM. (Sybert, Richard) |
| Filing 33 SEALED DOCUMENT by Defendants Kimbal Musk, The Kitchen Cafe, LLC Exhibit C to the Donald Degnan Declaration (Sybert, Richard) |
| Filing 32 MOTION by Defendants Kimbal Musk, The Kitchen Cafe, LLC to seal document Exhibit C to the Donald Degnan Declaration (Attachments: #1 Notice of Motion for Leave to File Exhibit Under Seal, #2 Certificate of Service)(Sybert, Richard) |
| Filing 31 MOTION by Defendants Kimbal Musk, The Kitchen Cafe, LLC to strike Expert Report of Jeffrey M. Samuels (Attachments: #1 Exhibit 1 to Motion to Strike, #2 Notice of Motion to Strike, #3 Certificate of Service)(Sybert, Richard) |
| Filing 30 RESPONSE by Kimbal Musk, The Kitchen Cafe, LLCin Opposition to MOTION by Plaintiff SFG, Inc. for preliminary injunction #9 (Attachments: #1 Exhibit A to Opposition Brief, #2 Declaration of Richard P. Sybert, #3 Declaration of Andrea Wright, #4 Declaration of Megan Venette, #5 Declaration of Donald Degnan, #6 Exhibit A to Degnan Declaration, #7 Exhibit B to Degnan Declaration, #8 Exhibit C to Degnan Declaration, #9 Exhibit D to Degnan Declaration, #10 Exhibit E to Degnan Declaration, #11 Exhibit F to Degnan Declaration, #12 Exhibit G to Degnan Declaration, #13 Exhibit H to Degnan Declaration, #14 Exhibit I to Degnan Declaration, #15 Exhibit J to Degnan Declaration, #16 Exhibit K to Degnan Declaration, #17 Exhibit L to Degnan Declaration, #18 Exhibit M to Degnan Declaration, #19 Exhibit N to Degnan Declaration, #20 Exhibit O to Degnan Declaration, #21 Declaration of Reid Dammann, #22 Exhibit 1 to Dammann Declaration, #23 Exhibit 2 to Dammann Declaration, #24 Exhibit 3 to Dammann Declaration, #25 Exhibit 4 to Dammann Declaration, #26 Rebuttal Report of David Franklyn, #27 Report of Chris Tripoli, #28 Declaration of Bruce Marder, #29 Report of Bill Vincent, #30 Exhibit A to Vincent Report, #31 Exhibit B to Vincent Report, #32 Exhibit C to Vincent Report, #33 Exhibit D to Vincent Report, #34 Report of William Hoag, #35 Exhibit A to Hoag Report, #36 Exhibit B to Hoag Report, #37 Exhibit C to Hoag Report, #38 Exhibit D to Hoag Report, #39 Notice of Lodgment of Video Files, #40 Certificate of Service)(Sybert, Richard) |
| Filing 29 TRANSCRIPT OF PROCEEDINGS held on 04/17/19 before the Honorable Andrea R. Wood. Order Number: 34432. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019. (Mullen, Patrick) |
Filing 28
ORDER: As provided by the Court's 4/24/2019 minute order #21 , the parties have informed the Court by e-mail of certain conflicts with the dates set for the evidentiary hearing on Plaintiffs motion for a preliminary injunction #9 . The Court has taken the parties positions under advisement and may request additional information before addressing the scheduling issue. In the meantime, it has come to the Court's attention that the parties' respective counsel have been repeatedly e-mailing the Courtroom Deputy regarding their discovery disputes. In their e-mails, counsel purportedly seek "direction and clarification" and other instruction from the Court. The parties are advised that e-mailing the Courtroom Deputy is not an appropriate means of seeking relief on any substantive matter. The parties were expressly directed to e-mail the Courtroom Deputy regarding (1) conflicts with the scheduled preliminary injunction hearing and (2) whether a settlement conference would be helpful. That order was not an invitation for the parties to argue their discovery disputes through e-mails to the Courtroom Deputy, and such practice shall cease immediately. Instead of e-mailing the Courtroom Deputy, counsel are directed to "meet and confer" regarding any discovery disputes, as required by Local Rule 37.2. If counsel cannot reach an agreement, they may file an appropriate discovery motion under Rules 26 through 37 of the Federal Rules of Civil Procedure. The Court reminds counsel that Local Rule 37.2 requires the parties to include in the motion a statement (1) that after consultation in person or by telephone and good faith attempts to resolve differences they are unable to reach an accord, or (2) counsels attempts to engage in such consultation were unsuccessful due to no fault of counsel's. Every motionincluding discovery motionsshall be noticed for presentment on a specific date in accordance with Local Rule 5.3(b). Parties may request that a motion be heard on less than the normal three-day notice by requesting an emergency hearing. Such requests may be made to the Courtroom Deputy after the motion has been filed. Signed by the Honorable Andrea R. Wood on 5/13/2019. Mailed notice.(gcy, )
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| Filing 27 MINUTE entry before the Honorable Andrea R. Wood: Attorney applications to appear pro hac vice #24 and #25 are granted. The motion presentment date of 5/9/2019 is stricken; parties need not appear. Mailed notice (ef, ) |
| Filing 26 NOTICE of Motion by Richard P Sybert for presentment of motion to appear pro hac vice #25 before Honorable Andrea R. Wood on 5/9/2019 at 09:00 AM. (Sybert, Richard) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15784219. (Sybert, Richard) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15774377. (Attachments: #1 Supplement (Appendix A))(Dammann, Reid) |
| Filing 23 ATTORNEY Appearance for Defendants Kimbal Musk, The Kitchen Cafe, LLC by James H. Ryan (Attachments: #1 Certificate of Service Certificate of Service)(Ryan, James) |
| Filing 22 AGREED CONFIDENTIALITY ORDER signed by the Honorable Andrea R. Wood on 4/26/2019. Mailed notice(ef, ) |
| Filing 21 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Only counsel for Defendants appeared. Plaintiff is reminded that an appearance is required at all scheduled hearings. Plaintiff's motion for leave to file brief in excess of 15 pages #13 is granted. Defendants are granted leave to file a response brief to Plaintiff's motion for preliminary injunction #9 up to 30 pages in length. Attorney application to appear pro hac vice #15 is granted. The parties' agreed motion for entry of confidentiality order #16 is granted. Enter order. By no later than 5:00 p.m. on 6/17/2019, the parties shall exchange copies of their witness lists and exhibit lists for the preliminary injunction hearing. By no later than 5:00 p.m. on 6/24/2019, the parties shall deliver to chambers their proposed will call/may call witness lists, exhibits list with any objections from the other side indicated, and binders of exhibits tabbed to correspond to the identifiers used in their exhibit lists. Status hearing set for 6/4/2019 is stricken and reset for 6/10/2019 at 9:00 AM. Preliminary Injunction hearing set for 7/1/2019 and 7/2/2019 at 9:00 AM. By 5/1/2019, the parties shall inform the Court's courtroom deputy by email if the scheduled hearings need to be adjusted and whether they believe that a settlement conference would be helpful for settlement negotiations. Mailed notice (ef, ) |
| Filing 20 MINUTE entry before the Honorable Andrea R. Wood: Motion Hearing set for 4/24/2019 at 9:00 a.m. is reset for 4/24/2019 at 10:00 AM. Mailed notice (ef, ) |
| Filing 19 AGREED SCHEDULING ORDER RELATING TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION signed by the Honorable Andrea R. Wood on 4/24/2019. Mailed notice(ef, ) |
| Filing 17 NOTICE of Motion by Matthew P. Becker for presentment of motion for protective order #16 before Honorable Andrea R. Wood on 4/24/2019 at 09:00 AM. (Becker, Matthew) |
| Filing 16 MOTION by Defendants Kimbal Musk, The Kitchen Cafe, LLC for protective order AGREED (Attachments: #1 Text of Proposed Order Exhibit A - Propsosed Agreed Confidentiality Order)(Becker, Matthew) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15733460. (Getzoff, Timothy) |
| Filing 18 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. The Court sets the following briefing schedule for Plaintiff's motion for preliminary injunction #9 : Defendants shall respond by 5/28/2019 and Plaintiff shall reply by 6/4/2019. The parties shall meet and confer on the issues discussed on the record and then submit an agreed proposed scheduling order and protection order in Word format to the Court's Proposed Order e-mailbox at Proposed_Order_Wood@ilnd.uscourts.gov. The courtroom deputy will contact the parties to provide proposed preliminary injunction hearing dates. Status hearing set for 4/24/2019 at 10:00 AM. Mailed notice (ef, ) |
| Filing 14 NOTICE of Motion by Robert C. Keck, Jr for presentment of motion for leave to file #13 before Honorable Andrea R. Wood on 4/17/2019 at 09:00 AM. (Keck, Robert) |
| Filing 13 MOTION by Plaintiff SFG, Inc. for leave to file Brief in Excess of 15 Pages (Attachments: #1 Exhibit Exhibit A to Motion for Leave to File Brief in Excess of 15 Pages)(Keck, Robert) |
| Filing 12 ATTORNEY Appearance for Defendants Kimbal Musk, The Kitchen Cafe, LLC by Marc Scott Cooperman (Cooperman, Marc) |
| Filing 11 ATTORNEY Appearance for Defendants Kimbal Musk, The Kitchen Cafe, LLC by Matthew P. Becker (Becker, Matthew) |
| Filing 10 NOTICE of Motion by Robert C. Keck, Jr for presentment of motion for preliminary injunction #9 before Honorable Andrea R. Wood on 4/17/2019 at 09:00 AM. (Keck, Robert) |
| Filing 9 MOTION by Plaintiff SFG, Inc. for preliminary injunction (Attachments: #1 Exhibit Exhibit A - Verified Complaint)(Keck, Robert) |
| Filing 8 WAIVER OF SERVICE returned executed by SFG, Inc.. The Kitchen Cafe, LLC waiver sent on 4/2/2019, answer due 6/3/2019. (Keck, Robert) |
| Filing 7 WAIVER OF SERVICE returned executed by SFG, Inc.. Kimbal Musk waiver sent on 4/2/2019, answer due 6/3/2019. (Keck, Robert) |
| Filing 6 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. (nsf, ) |
| Filing 5 EMAILED Trademark Request letter to plaintiff counsel. (nsf, ) |
| Filing 4 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 6/4/2019 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff SFG, Inc. D/B/A Next Door Restaurant by Robert C. Keck, Jr (Keck, Robert) |
| Filing 2 CIVIL Cover Sheet (Keck, Robert) |
| Filing 1 COMPLAINT filed by SFG, Inc. D/B/A Next Door Restaurant; Jury Demand. Filing fee $ 400, receipt number 0752-15654259.(Keck, Robert) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jn, ) |
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