Hofbruhaus of America. LLC v. Oak Tree Management Services, Inc. et al
Plaintiff: Hofbrauhaus of America, LLC, Oak Tree Management Services, Inc. and William G. Crouch
Case Number: 3:2023cv00308
Filed: January 31, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2023 Filing 59 NOTICE of Appearance by Robert William Stephens on behalf of Hofbrauhaus of America, LLC (Stephens, Robert)
January 31, 2023 Filing 58 Letter regarding Attorneys of Record from US District Court Southern District of Illinois (clw)
January 31, 2023 Filing 57 Case transferred in from District of Nevada; Case Number 2:22-cv-00421. Original file certified copy of transfer order and docket sheet received.
January 3, 2023 Filing 56 TRANSMITTAL of case to the Southern District of Illinois. Case and docket sheet transferred electronically. (no image attached) (DRM) [Transferred from Nevada on 1/31/2023.]
January 3, 2023 Opinion or Order Filing 55 ORDERED that Oak Tree's motion (ECF No. #10 ) is granted in part, to the extent that this case is transferred to the Southern District of Illinois. Considering the transfer, the Court does not reach the remaining issues raised in the motion to dismiss or any other pending motions. IT IS FURTHER ORDERED that the stay in this matter (ECF Nos. #49 ; #51 ) is lifted. Signed by District Judge Anne R. Traum on 1/3/2023. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 1/31/2023.]
December 16, 2022 Filing 54 STATUS REPORT Pursuant to Order Extending Stay of Action [ECF No. 53] by Plaintiff Hofbrauhaus of America, LLC.. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Index)(Hone, Eric) [Transferred from Nevada on 1/31/2023.]
October 24, 2022 Opinion or Order Filing 53 ORDER GRANTING JOINT REQUEST TO EXTEND STAY OF ACTION Re: ECF No. #52 Joint Status Report. This action, including all pending motions and all deadlines in the Stipulated Discovery Plan and Scheduling Order, shall remain stayed for an additional eight (8) weeks, to and including December 16, 2022, while the parties continue to explore settlement options. IT IS FURTHER ORDERED that on or before December 16, 2022, the parties shall update the Court as detailed herein. (Status Report due by 12/16/2022.) Signed by District Judge Anne R. Traum on 10/24/2022. (Copies have been distributed pursuant to the NEF - CJS) [Transferred from Nevada on 1/31/2023.]
October 21, 2022 Filing 52 Joint STATUS REPORT regarding Stay of Action and Request to Extend Stay by Plaintiff Hofbrauhaus of America, LLC.. (Attachments: #1 Exhibit)(Hone, Eric) Modified on 10/24/2022 motion within status report. (WJ). [Transferred from Nevada on 1/31/2023.]
August 30, 2022 Opinion or Order Filing 51 ORDER GRANTING JOINT REQUEST TO EXTEND STAY OF ACTION Re: #50 Status Report : ORDERED that the parties' request to extend the stay of this action is GRANTED. This action, including all pending motions and all deadlines in the Stipulated Discovery Plan and Scheduling Order, shall remain stayed for an additional eight (8) weeks, to and including October 21, 2022, while the parties continue to explore settlement options. IT IS FURTHER ORDERED that on or before October 21, 2022, the parties shall update the Court by filing: (i) a notice of settlement or filing of a stipulation and order for dismissal; (ii) a status report regarding the stay, which may include a request for additional time to continue the stay to further settlement discussions; or (iii) a request to resume pending matters in this action. Signed by District Judge Anne R. Traum on 8/30/2022. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 1/31/2023.]
August 29, 2022 Filing 50 Joint STATUS REPORT regarding Stay of Action and Request to Extend Stay by Plaintiff Hofbrauhaus of America, LLC.. (Attachments: #1 Exhibit)(Zimmerman, Jamie) [Transferred from Nevada on 1/31/2023.]
July 1, 2022 Opinion or Order Filing 49 ORDER granting ECF No. #48 Stipulation to Stay Action to Explore Settlement Resolution. Signed by District Judge Anne R. Traum on 7/1/2022. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 1/31/2023.]
June 30, 2022 Filing 48 Joint STIPULATION Order to Stay Action to Explore Settlement Resolution by Plaintiff Hofbrauhaus of America, LLC. (Zimmerman, Jamie) [Transferred from Nevada on 1/31/2023.]
June 30, 2022 Filing 47 FILED IN ERROR Joint MOTION to Stay Case by Plaintiff Hofbrauhaus of America, LLC. Responses due by 7/14/2022. (Zimmerman, Jamie) Modified on 7/1/2022 to reflect this filing was inadvertently filed and the applicable filing is ECF No. #48 (KLS). [Transferred from Nevada on 1/31/2023.]
June 7, 2022 Filing 46 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #45 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) [Transferred from Nevada on 1/31/2023.]
June 3, 2022 Filing 45 ERRATA to #37 Reply by Plaintiff Hofbrauhaus of America, LLC. (Zimmerman, Jamie) Modified on 6/7/2022 linked to motion #18 (WJ). [Transferred from Nevada on 1/31/2023.]
June 3, 2022 Filing 44 RESPONSE to #41 Motion for Leave to File Document, by Plaintiff Hofbrauhaus of America, LLC. Replies due by 6/10/2022. (Zimmerman, Jamie) [Transferred from Nevada on 1/31/2023.]
May 24, 2022 Filing 43 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HKL) [Transferred from Nevada on 1/31/2023.]
May 23, 2022 Opinion or Order Filing 42 SCHEDULING ORDER Granting #40 Discovery Plan and Scheduling Order. Discovery due by 9/26/2022. Motions due by 10/26/2022. Proposed Joint Pretrial Order due by 11/25/2022. Signed by Magistrate Judge Daniel J. Albregts on 5/23/2022.(Copies have been distributed pursuant to the NEF - JQC) (Main Document 42 replaced on 5/23/2022) (JQC). [Transferred from Nevada on 1/31/2023.]
May 20, 2022 Filing 41 MOTION for Leave to File DEFENDANTS MOTION FOR LEAVE TO FILE SUR-REPLY TO PLAINTIFFS REPLY IN SUPPORT OF EMERGENCY MOTION FOR PRELIMINARY INJUNCTION, OR IN THE ALTERNATIVE, TO STRIKE NEW ARGUMENTS AND FACTUAL ALLEGATIONS ASSERTED THEREIN re #37 Reply by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
May 20, 2022 Filing 40 Stipulated Discovery Plan and Scheduling Order by Plaintiff Hofbrauhaus of America, LLC. (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
May 18, 2022 Opinion or Order Filing 39 ORDER Granting #38 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Daniel J. Albregts on 5/18/2022. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 1/31/2023.]
May 13, 2022 Filing 38 MOTION for Leave to File Excess Pages re #37 Reply by Plaintiff Hofbrauhaus of America, LLC. (Attachments: #1 Exhibit) (Zimmerman, Jamie) [Transferred from Nevada on 1/31/2023.]
May 13, 2022 Filing 37 REPLY to Response to #18 Motion for Preliminary Injunction by Plaintiff Hofbrauhaus of America, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Zimmerman, Jamie) [Transferred from Nevada on 1/31/2023.]
May 12, 2022 Opinion or Order Filing 36 ORDER Granting #35 Stipulation for Extension of Time. Discovery Plan/Scheduling Order due by 5/20/2022. Signed by Magistrate Judge Daniel J. Albregts on 5/12/2022. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 1/31/2023.]
May 11, 2022 Filing 35 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Plan and Scheduling Order by Plaintiff Hofbrauhaus of America, LLC. (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
May 11, 2022 Opinion or Order Filing 34 ORDER Granting #33 Stipulation for Extension of Time, re #18 Motion for Preliminary Injunction. Replies due by 5/13/2022. Signed by District Judge Anne R. Traum on 5/11/2022. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 1/31/2023.]
May 10, 2022 Filing 33 STIPULATION FOR EXTENSION OF TIME (Second Request) for Plaintiff to File Its Reply in Support re #18 Motion for Preliminary Injunction by Plaintiff Hofbrauhaus of America, LLC. (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
May 5, 2022 Opinion or Order Filing 32 ORDER granting ECF No. #31 Stipulation to Extend Time : Reply to ECF No. #26 Response re ECF No. #18 Motion for Preliminary Injunction due by 5/10/2022. Signed by District Judge Anne R. Traum on 5/5/2022. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 1/31/2023.]
May 3, 2022 Filing 31 First STIPULATION FOR EXTENSION OF TIME (First Request) for Plaintiff to File Its Reply in Support re #18 Motion for Preliminary Injunction by Plaintiff Hofbrauhaus of America, LLC. (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
April 27, 2022 Filing 30 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #28 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) [Transferred from Nevada on 1/31/2023.]
April 26, 2022 Filing 29 MOTION for Leave to File Excess Pages re #27 Reply, #26 Response by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
April 26, 2022 Filing 28 APPENDIX Second Appendix of Exhibits to #27 Reply, #26 Response by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) Modified on 4/27/2022 linked to #10 #18 (WJ). [Transferred from Nevada on 1/31/2023.]
April 26, 2022 Filing 27 REPLY to Response to #10 Motion to Dismiss, by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
April 26, 2022 Filing 26 RESPONSE to #18 Motion for Preliminary Injunction by Defendants William G. Crouch, Oak Tree Management Services, Inc.. Replies due by 5/3/2022. (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
April 20, 2022 Opinion or Order Filing 25 ORDER approving #24 Stipulation. Based on the stipulation of the parties, and good cause appearing, the Receiver shall have a seven (7) day extension of time to file both his Reply to Hofbrauhaus's Response and his Opposition to Hofbrauhaus's Motion for Injunction, through and including April 26, 2022. Signed by Judge Anne R. Traum on 4/20/2022. (Copies have been distributed pursuant to the NEF - KLS) [Transferred from Nevada on 1/31/2023.]
April 15, 2022 Filing 24 First STIPULATION FOR EXTENSION OF TIME (First Request) re #22 Response, #18 Motion for Preliminary Injunction by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
April 13, 2022 Filing 23 CLERK'S NOTICE that in order to create a caseload for U.S. District Judge Anne R. Traum, this case is reassigned to Judge Anne R. Traum for all further proceedings. All further documents must bear the correct case number 2:22-cv-00421-ART-DJA. (no image attached) (AF) [Transferred from Nevada on 1/31/2023.]
April 12, 2022 Filing 22 RESPONSE to #10 Motion to Dismiss, by Plaintiff Hofbrauhaus of America, LLC. Replies due by 4/19/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
April 6, 2022 Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/6/2022. Re: #18 Motion for Preliminary Injunction. Plaintiff Hofbrauhaus of America, LLC moves on an emergency basis for a preliminary injunction prohibiting defendant Oak Tree Management Services, Inc. from infringing on its trademark rights. After reviewing Hofbrauhaus's motion, the court is not satisfied that these circumstances merit emergency relief. Local Rule 7-4(c).IT IS THEREFORE ORDERED that the court will consider Hofbrauhaus's emergency motion for a preliminary injunction #18 in the ordinary course. The deadline to file any response to that motion remains April 19, 2022.(Copies have been distributed pursuant to the NEF - MH)[Transferred from Nevada on 1/31/2023.]
April 6, 2022 Opinion or Order Filing 20 ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael A. Campbell for William G. Crouch and approving Designation of Local Counsel Jarrod L. Rickard. Signed by Judge Jennifer A. Dorsey on 4/6/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 1/31/2023.]
April 6, 2022 Opinion or Order Filing 19 ORDER Granting #13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Llynn K. White for William G. Crouch and approving Designation of Local Counsel Jarrod L. Rickard. Signed by Judge Jennifer A. Dorsey on 4/6/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 1/31/2023.]
April 5, 2022 Filing 18 MOTION for Preliminary Injunction by Plaintiff Hofbrauhaus of America, LLC. Responses due by 4/19/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
April 5, 2022 Filing 17 NOTICE of Corrected Image/Document re #14 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Michael A. Campbell, by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Service of corrected image is attached.) (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
April 5, 2022 Filing 16 NOTICE of Corrected Image/Document re #13 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Llynn K. White, by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Service of corrected image is attached.) (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
April 4, 2022 Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/4/2022. Re: #13 and #14 The verified petitions do not comply with LR IA 11-2(b)(3). Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." The petitioners filed certificates of good standing from Missouri, but the petitions state that both petitioners are also admitted in Illinois. The verified petitions also do not comply with LR IA 11-2(a). Counsel failed to provide the parties' signatures and names on the final page of the petitions. Counsel instead provided the petitioning attorneys' signatures on that page. Counsel is advised to provide the missing signatures and information and attach the required Illinois certifications to amended petitions, file the amended petitions under the event titled "Notice of Corrected Image/Document," and link the amended petitions to the originally filed petitions within 10 days of this order. (Copies have been distributed pursuant to the NEF - MH) [Transferred from Nevada on 1/31/2023.]
March 29, 2022 Filing 14 VIEW Corrected Image #14 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael A. Campbell and DESIGNATION of Local Counsel Jarrod Lee Rickard (Filing fee $ 250 receipt number ANVDC-6846567) by Defendants William G. Crouch, Oak Tree Management Services, Inc. (Rickard, Jarrod) Modified on 4/6/2022 (SLD). [Transferred from Nevada on 1/31/2023.]
March 29, 2022 Filing 13 VIEW Corrected Image #16 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Llynn K. White and DESIGNATION of Local Counsel Jarrod Lee Rickard (Filing fee $ 250 receipt number ANVDC-6846552) by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) Modified on 4/6/2022 (SLD). [Transferred from Nevada on 1/31/2023.]
March 29, 2022 Filing 12 CERTIFICATE of Interested Parties by William G. Crouch, Oak Tree Management Services, Inc.. There are no known interested parties other than those participating in the case (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
March 29, 2022 Filing 11 APPENDIX OF EXHIBITS IN SUPPORT OF DEFENDANTS MOTION TO DISMISS, STAY, OR TRANSFER AMENDED COMPLAINT to #10 Motion to Dismiss, by Defendants William G. Crouch, Oak Tree Management Services, Inc.. (Rickard, Jarrod) [Transferred from Nevada on 1/31/2023.]
March 29, 2022 Filing 10 MOTION to Dismiss #6 Amended Complaint by Defendants William G. Crouch, Oak Tree Management Services, Inc.. Responses due by 4/12/2022. Discovery Plan/Scheduling Order due by 5/13/2022. (Rickard, Jarrod) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 1/31/2023.]
March 28, 2022 Filing 9 CERTIFICATE OF SERVICE for #6 Amended Complaint by Plaintiff Hofbrauhaus of America, LLC. (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
March 22, 2022 Filing 8 SUMMONS Returned Executed by Hofbrauhaus of America, LLC re #1 Complaint,. Oak Tree Management Services, Inc. served on 3/14/2022. (Newman, Kathryn) [Transferred from Nevada on 1/31/2023.]
March 22, 2022 Filing 7 SUMMONS Returned Executed by Hofbrauhaus of America, LLC re #1 Complaint,. William G. Crouch served on 3/14/2022. (Newman, Kathryn) [Transferred from Nevada on 1/31/2023.]
March 21, 2022 Filing 6 AMENDED COMPLAINT against All Defendants by Hofbrauhaus of America, LLC. No changes to parties. (Attachments: #1 Exhibit) (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
March 21, 2022 Filing 5 CERTIFICATE of Interested Parties by Hofbrauhaus of America, LLC. There are no known interested parties other than those participating in the case (Hone, Eric) [Transferred from Nevada on 1/31/2023.]
March 17, 2022 Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 3/17/2022. By Judicial Assistant: K. LaPointe. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Plaintiff failed to file a certificate of interested parties. Accordingly, Plaintiff must file a certificate of interested parties no later than March 25, 2022. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KL) [Transferred from Nevada on 1/31/2023.]
March 8, 2022 Filing 3 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (HAM) [Transferred from Nevada on 1/31/2023.]
March 8, 2022 Filing 2 SUMMONS ISSUED as to William G. Crouch, Oak Tree Management Services, Inc. re #1 Complaint (HAM) [Transferred from Nevada on 1/31/2023.]
March 8, 2022 Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Daniel J. Albregts. (HAM) [Transferred from Nevada on 1/31/2023.]
March 7, 2022 Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6821433) by Hofbruhaus of America. LLC. Proof of service due by 6/5/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Newman, Kathryn) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 1/31/2023.]

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Plaintiff: Hofbrauhaus of America, LLC
Represented By: Eric D. Hone
Represented By: Jamie L. Zimmerman
Represented By: Kathryn Newman
Represented By: Eric D. Hone, I
Represented By: Robert William Stephens
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Plaintiff: Oak Tree Management Services, Inc.
Represented By: Jarrod L. Rickard
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Plaintiff: William G. Crouch
Represented By: Jarrod L. Rickard
Represented By: Llynn K. White
Represented By: Michael A. Campbell
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