Tommy R's Catering, Inc. v. Tommy R's Tavern
| Tommy R's Catering, Inc. |
| Tommy R's Tavern |
| 1:2022cv06399 |
| November 15, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 15 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to strike the answer (Dckt. No. #13 ) is hereby granted. Defendant Tommy R's Tavern is a corporation, named after its owner, Tommy Ridings. A corporation cannot represent itself in this district. A corporation needs a lawyer. But Tommy R's Tavern filed an answer pro se, which is not permissible. So the answer is stricken. That said, Defendant has apparently changed its name from "Tommy R's Tavern" to "Tommy T's Tavern." And according to the response (Dckt. No. #14 ), Plaintiff has no objection to that name. So maybe there is some daylight for a possible resolution of the case. Defendant points out that he used the "Tommy R's" name for only three months. And Defendant operated a bar, not a catering business, so it is unclear if there was any real-world confusion by consumers. Given those facts, the parties should spend some time discussing a possible resolution. The Court directs the parties to engage in settlement discussions in good faith, and file a status report by January 20, 2023. The Court directs the parties to participate in that process with a realistic view of the merits of the case, the likelihood of success on the merits, the risks of litigation, and the amount of any potential recovery. If the parties have not settled on their own by January 20, 2023, then the report must reveal whether the parties seek a settlement conference. In the meantime, the Court resets the deadline for an answer (filed by a lawyer) to February 15, 2023. Mailed notice (jjr, ) |
| Filing 14 RESPONSE by Tommy R's Tavern in Opposition to MOTION by Plaintiff Tommy R's Catering, Inc. to strike answer to complaint #10 #13 . (Exhibits) (rc, ) |
| Filing 13 MOTION by Plaintiff Tommy R's Catering, Inc. to strike answer to complaint #10 (Attachments: #1 Exhibit Ex. List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Hale, Paul) |
| Filing 12 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. (tg, ) |
| Filing 11 PRO SE Appearance by Defendant Tommy R's Tavern. (rc, ) |
| Filing 10 ANSWER to Complaint by Tommy R's Tavern. (rc, ) |
| Filing 9 CERTIFICATE Plaintiff's Certificate Regarding the Lanham Act Mediation Letter (Dkt 8) (Attachments: #1 Exhibit 1)(Hale, Paul) |
| Filing 8 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 7 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Tommy R's Catering, Inc. by Michael P. Mazza (Mazza, Michael) |
| Filing 5 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 30, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| SUMMONS Issued as to Defendant Tommy R's Tavern (smb, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (smb, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Tommy R's Catering, Inc. by Paul Robert Hale (Hale, Paul) |
| Filing 3 Local Rule 3.4 Notice of Trademark Case by Tommy R's Catering, Inc. (Hale, Paul) |
| Filing 2 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Tommy R's Catering, Inc. (Hale, Paul) |
| Filing 1 COMPLAINT filed by Tommy R's Catering, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20050213. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Civil Cover Sheet)(Hale, Paul) |
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| Plaintiff: Tommy R's Catering, Inc. | |
| Represented By: | Paul Robert Hale |
| Represented By: | Michael P. Mazza |
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| Defendant: Tommy R's Tavern | |
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