Blue Sphere, Inc. d/b/a Lucky 13 et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy |
The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
1:2024cv11376 |
November 5, 2024 |
U.S. District Court for the Northern District of Illinois |
Jeremy C Daniel |
Trademark |
15 U.S.C. § 44 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on December 20, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 35 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 Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. (tg, ) |
Filing 34 MINUTE entry before the Honorable Jeremy C. Daniel: Motion to seal document #7 is granted. In light of the order #31 , motions #10 and #11 are denied as moot. Status hearing set for 1/9/2025 at 9:30 a.m. Mailed notice. (vcf, ) |
Filing 33 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Amended Schedule A (Hierl, Michael) |
Filing 32 Second Amended Complaint AMENDED complaint by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
Filing 31 MINUTE entry before the Honorable Jeremy C. Daniel: Oral argument held. The complaint #1 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal #7 is granted. All other pending motions [10, 11] are denied as moot. The Court refers the plaintiff to the Court's order in 24-cv-09401, Dkt. No. 27, which addressed arguments in support of joinder similar to those raised by the plaintiff in this case. That Court's reasoning denying joinder in that case applies here. Mailed notice. (vcf, ) |
Filing 30 MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Plaintiff's Memorandum in Support of Joinder (Attachments: #1 Exhibit 1)(Hierl, Michael) |
Filing 29 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Revised Exhibit 2 to Kloetzy Declaration (Hierl, Michael) |
Filing 28 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Amended Schedule A (Hierl, Michael) |
Filing 27 AMENDED complaint by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
Filing 26 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, false designation of origin, and violations of the Illinois Uniform Deceptive Trade Practices Act against 179 defendants. (R. 1 and R. 8.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before November 20, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. The November 13, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on November 26, 2024, at 9:30 a.m. Mailed notice (vcf, ) |
Filing 25 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (nsf, ) |
Filing 24 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
Filing 23 NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document #7 , motion for temporary restraining order, #11 , motion for leave to file excess pages #10 before Honorable Jeremy C. Daniel on 11/13/2024 at 09:30 AM. (Hierl, Michael) |
Filing 22 Notice of Claims Involving Trademarks by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy (Hierl, Michael) |
Filing 21 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 9 of Kloetzy Declaration (Hierl, Michael) |
Filing 20 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 8 of Kloetzy Declaration (Hierl, Michael) |
Filing 19 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 7 of Kloetzy Declaration (Hierl, Michael) |
Filing 18 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration (Hierl, Michael) |
Filing 17 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration (Hierl, Michael) |
Filing 16 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration (Hierl, Michael) |
Filing 15 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration (Hierl, Michael) |
Filing 14 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 2 of Kloetzy Declaration (Hierl, Michael) |
Filing 13 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration (Hierl, Michael) |
Filing 12 MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy in support of motion for temporary restraining order, #11 (Attachments: #1 Declaration Kloetzy Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
Filing 11 MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
Filing 10 MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy (Hierl, Michael) |
Filing 8 SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Sealed Schedule A (Hierl, Michael) |
Filing 7 MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
Filing 6 ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by John Wilson (Wilson, John) |
Filing 5 ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by Robert Payton Mcmurray (Mcmurray, Robert) |
Filing 4 ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by William Benjamin Kalbac (Kalbac, William) |
Filing 3 ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy by Michael A. Hierl (Hierl, Michael) |
Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
Filing 1 COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy; Jury Demand. Filing fee $ 405, receipt number AILNDC-22690649. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
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. (lj, ) |
CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (lj, ) |
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Plaintiff: Blue Sphere, Inc. d/b/a Lucky 13 | |
Represented By: | Michael A. Hierl |
Represented By: | William Benjamin Kalbac |
Represented By: | Robert Payton Mcmurray |
Represented By: | John Wilson |
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Plaintiff: Robert A. Kloetzy | |
Represented By: | Michael A. Hierl |
Represented By: | William Benjamin Kalbac |
Represented By: | Robert Payton Mcmurray |
Represented By: | John Wilson |
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Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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