Marmon Tubing, Fittings & Wire Products, Inc. v. Cerrowire Shop et al
| Marmon Tubing, Fittings & Wire Products, Inc. |
| Cerrowire Shop, Inter Connects Inc. and Cloudflare, Inc. |
| 1:2023cv13893 |
| September 19, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the Notice of Voluntary Dismissal #14 , this case is hereby dismissed without prejudice and each party will bear its own fees and costs. Civil case terminated. (rao, ) |
| Filing 14 NOTICE of Voluntary Dismissal by Marmon Tubing, Fittings & Wire Products, Inc. as to All Defendants (Harris, Michael) |
| Filing 13 SECOND AMENDED complaint by Marmon Tubing, Fittings & Wire Products, Inc. against Cerrowire Shop, Inter Connects Inc. (Attachments: #1 Exhibit A - TM Registration Certificate for 809,128, #2 Exhibit B - TM Registration Certificate for 3,344,228, #3 Exhibit C - REDLINE of Second Amended Complaint)(Harris, Michael) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #11 , which seeks to voluntarily dismiss defendant Cloudflare, Inc. under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant Cloudflare, Inc. from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 11/6/2023 identifying the remaining defendants. Cloudflare, Inc. terminated without prejudice, and each party shall bear its own fees and costs. (rao, ) |
| Filing 11 NOTICE of Voluntary Dismissal by Marmon Tubing, Fittings & Wire Products, Inc. as to Cloudflare, Inc. (Harris, Michael) |
| Filing 10 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 9 SUMMONS Returned Executed by Marmon Tubing, Fittings & Wire Products, Inc. as to Cloudflare, Inc. on 10/18/2023, answer due 11/8/2023. (Harris, Michael) |
| SUMMONS Issued as to Defendant Cloudflare, Inc. (mek) |
| Filing 8 FIRST AMENDED complaint by Marmon Tubing, Fittings & Wire Products, Inc. against Cerrowire Shop, Inter Connects Inc., Cloudflare, Inc. (Attachments: #1 Exhibit A - TM Registration Certificate for 809,128, #2 Exhibit B - TM Registration Certificate for 3,344,228, #3 Exhibit C - REDLINE of First Amended Complaint)(Harris, Michael) |
| Filing 7 SUMMONS Returned Executed by Marmon Tubing, Fittings & Wire Products, Inc. as to Inter Connects Inc. on 9/22/2023, answer due 10/13/2023. (Harris, Michael) |
| SUMMONS Issued as to Defendants Cerrowire Shop, Inter Connects Inc. (axk, ) |
| 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. (axk, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (axk, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Marmon Tubing, Fittings & Wire Products, Inc. by Michael J Harris (Harris, Michael) |
| Filing 5 Report on the Filing of an Action Regarding a Trademark (AO120) by Marmon Tubing, Fittings & Wire Products, Inc. (Harris, Michael) |
| Filing 4 NOTICE of Claims Involving Trademarks by Marmon Tubing, Fittings & Wire Products, Inc. (Harris, Michael) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Marmon Tubing, Fittings & Wire Products, Inc. (Harris, Michael) |
| Filing 2 CIVIL Cover Sheet (Harris, Michael) |
| Filing 1 COMPLAINT filed by Marmon Tubing, Fittings & Wire Products, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21106052. (Attachments: #1 Exhibit A - TM Registration Certificate for 809,128, #2 Exhibit B - TM Registration Certificate for 3,344,228)(Harris, Michael) |
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