Empire Today, LLC v. First Capital Asset Group, Inc. et al
| Empire Today, LLC |
| First Capital Asset Group, Inc. and Robert S Aydt |
| 1:2022cv07205 |
| December 22, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 28 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jj, ) |
| Filing 27 STIPULATED Findings of Fact, Judgment, and Permanent Injunction Against Robert S. Aydt Signed by the Honorable John J. Tharp, Jr on 4/25/2023. Mailed notice(air, ) |
| Filing 26 MINUTE entry before the Honorable John J. Tharp, Jr:Upon entry of the parties' Stipulated Findings of Fact, Permanent Injunction, and Judgment Order, all pending motions are denied as moot and this case is terminated.Mailed notice (air, ) |
| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the stipulation of dismissal of defendant First Capital Asset Group, Inc. #24 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), defendant First Capital Asset Group, Inc. is dismissed. Further, the Court has received the parties' stipulation regarding entry of stipulated judgment and permanent injunction against Robert Aydt. They are directed to send the proposed order in Word format to the Court's proposed order inbox [Proposed_Order_Tharp@ilnd.uscourts.gov]. Mailed notice (air, ) |
| Filing 24 STIPULATION of Dismissal Of Defendant First Capital Asset Group, Inc. (Letchinger, John) |
| Filing 23 DECLARATION of Robert S. Aydt regarding stipulation #22 in Support of Stipulated Judgment and Permanent Injunction (Letchinger, John) |
| Filing 22 STIPULATION Regarding Entry of Stipulated Judgment And Permanent Injunction Against Robert S. Aydt (Attachments: #1 Exhibit A)(Letchinger, John) |
| Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion to extend deadlines #19 , which the Court construes as a motion to stay deadlines pending finalization of settlement, is granted. All deadlines, including the motion to dismiss briefing deadlines, are suspended. A status report on the status of settlement finalization is due 5/17/23, unless a Rule 41 voluntary dismissal is filed by then. Mailed notice (air, ) |
| Filing 20 ATTORNEY Appearance for Plaintiff Empire Today, LLC by Kevin Matthew Bovard (Bovard, Kevin) |
| Filing 19 MOTION by Plaintiff Empire Today, LLC for extension of time to file response/reply as to motion to dismiss #15 Joint Motion To Extend Deadlines (Letchinger, John) |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Kevin Bovard's motion for leave to appear pro hac vice #17 is granted. He is directed to file his appearance on the docket. Mailed notice (air, ) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20540837. (Bovard, Kevin) |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:Consistent with Seventh Amended General Order 21-0027, the requirement of noticing motions for presentment set forth in Local Rule 5.3(b) is suspended; accordingly, the defendant's notice hearing on 4/4/23 #14 is stricken. Defendant Aydt's motion to dismiss #15 is taken under advisement. The plaintiff's response is due 4/21/23; defendant's reply due 5/5/23. Mailed notice (air, ) |
| Filing 15 MOTION by Defendant Robert S Aydt to dismiss (Aydt, Robert) |
| Filing 14 NOTICE of Motion by Robert S Aydt for presentment of before Honorable John J. Tharp Jr. on 4/4/2023 at 09:00 AM. (Aydt, Robert) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:Consistent with Seventh Amended General Order 21-0027, the requirement of noticing motions for presentment set forth in Local Rule 5.3(b) is suspended; accordingly, the plaintiff's notice hearing on 3/29/23 #11 is stricken. The defendants' motion to dismiss #12 is stricken without prejudice. "Corporations cannot appear pro se, and one pro se litigant cannot represent another." Nocula v. UGS Corp., 520 F.3d 719, 725 (7th Cir. 2008) (citations omitted); see also Philos Techs., Inc. v. Philos & D, Inc., 645 F.3d 851, 857 (7th Cir. 2011). Defendant Aydt can resubmit a motion to dismiss on only his own behalf, but defendant First Capital Asset Group, Inc. must obtain counsel in order to take any action in this matter, including to join its co-defendant's motion to dismiss. On its own motion, the Court grants First Capital Asset Group until 4/24/23 to retain counsel, and the parties' joint initial status report deadline is extended to 5/1/23. First Capital Asset Group is also directed to submit its Local Rule 3.2. Mailed notice (air, ) |
| Filing 12 MOTION by Defendants Robert S Aydt, First Capital Asset Group, Inc. to dismiss (Aydt, Robert) |
| Filing 11 NOTICE of Motion by All Defendants for presentment of before Honorable John J. Tharp Jr. on 3/29/2023 at 09:00 AM. (Aydt, Robert) |
| Filing 10 ANSWER to Complaint with Jury Demand by Robert S Aydt(Aydt, Robert) |
| Filing 9 ANSWER to Complaint with Jury Demand by First Capital Asset Group, Inc.(Aydt, Robert) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 4/4/23. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 7 WAIVER OF SERVICE returned executed by Empire Today, LLC. Robert S Aydt waiver sent on 1/19/2023, answer due 3/20/2023; First Capital Asset Group, Inc. waiver sent on 1/19/2023, answer due 3/20/2023. (Letchinger, John) |
| Filing 6 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, ) |
| SUMMONS Issued as to Defendants Robert S Aydt, First Capital Asset Group, Inc. (ak, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Empire Today, LLC by Matthew J Caccamo (Caccamo, Matthew) |
| Filing 4 Notice Pursuant To N.D. ILL. L. Civ. R. 3.4 by Empire Today, LLC (Letchinger, John) |
| Filing 3 ATTORNEY Appearance for Plaintiff Empire Today, LLC by John Sheldon Letchinger (Letchinger, John) |
| Filing 2 CIVIL Cover Sheet (Letchinger, John) |
| Filing 1 COMPLAINT For Trademark Infringement, Unfair Competition, Dilution, Cybersquatting, And Breach of Contract filed by Empire Today, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20166603. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Letchinger, John) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel Fuentes. Case assignment: Random assignment. (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, ) |
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