MillerKing, LLC v. DoNotPay, Inc.
Plaintiff: MillerKing, LLC
Defendant: DoNotPay, Inc.
Case Number: 3:2023cv00863
Filed: March 15, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: Reona J Daly
Referring Judge: Nancy J Rosenstengel
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Filing 35 MOTION to Amend/Correct #34 Order on Motion to Dismiss Case for Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, by MillerKing, LLC. (Green, Kevin)
November 17, 2023 Opinion or Order Filing 34 ORDER: The #20 Motion to Dismiss filed by Defendant DoNotPay, Inc., is GRANTED and the #1 Complaint is DISMISSED without prejudice. Plaintiff MillerKing, LLC, is granted leave to file an amended complaint on or before December 18, 2023. The failure to do so will result in the dismissal of this action with prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 11/17/2023. (mlp)
November 17, 2023 Amended Complaint due on or before 12/18/2023. (tkm)
July 14, 2023 Filing 33 REPLY to Response to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by DoNotPay, Inc.. (Walsh, Richard)
June 30, 2023 Filing 32 RESPONSE in Opposition re #20 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by MillerKing, LLC. (Green, Kevin)
May 22, 2023 Opinion or Order Filing 31 ORDER granting #27 Motion to Appear Pro Hac Vice by Attorney Eli Bard Richlin on behalf of DoNotPay, Inc. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2023 Opinion or Order Filing 30 ORDER granting #26 Motion to Appear Pro Hac Vice by Attorney Paul Gross on behalf of DoNotPay, Inc.(aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2023 Opinion or Order Filing 29 ORDER granting #25 Motion to Appear Pro Hac Vice by Attorney Allie M. Fellows on behalf of DoNotPay, Inc. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2023 Opinion or Order Filing 28 ORDER granting #24 Motion to Appear Pro Hac Vice by Attorney Dale Richard Bish on behalf of DoNotPay, Inc.(aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2023 Filing 27 MOTION to Appear Pro Hac Vice by Attorney Eli Bard Richlin $200 fee paid,receipt number AILSDC-5085822 by on behalf of DoNotPay, Inc.. (Richlin, Eli)
May 22, 2023 Filing 26 MOTION to Appear Pro Hac Vice by Attorney Paul Gross $200 fee paid,receipt number AILSDC-5085815 by on behalf of DoNotPay, Inc.. (Gross, Paul)
May 22, 2023 Filing 25 MOTION to Appear Pro Hac Vice by Attorney Allie M. Fellows $200 fee paid,receipt number AILSDC-5085809 by on behalf of DoNotPay, Inc.. (Fellows, Allie)
May 22, 2023 Filing 24 MOTION to Appear Pro Hac Vice by Attorney Dale Richard Bish $200 fee paid,receipt number AILSDC-5085802 by on behalf of DoNotPay, Inc.. (Bish, Dale)
May 18, 2023 Filing 23 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #22 Motion to Appear Pro Hac Vice filed by DoNotPay, Inc.. Login and filer do not match. Filer will need to re-file documents. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 18, 2023 Filing 22 STRICKEN MOTION to Appear Pro Hac Vice for Eli B. Richlin by Attorney Richard B. Walsh, Jr $200 fee paid,receipt number AILSDC-5084024 by on behalf of DoNotPay, Inc.. (Walsh, Richard) Modified on 5/18/2023 (kdw).
May 16, 2023 Filing 21 MEMORANDUM in Support re #20 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by DoNotPay, Inc.. (Walsh, Richard)
May 16, 2023 Filing 20 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by DoNotPay, Inc.. (Walsh, Richard)
April 6, 2023 Opinion or Order Filing 19 ORDER GRANTING #13 Joint Motion to Extend the Time to Respond to the Complaint and to File an Opposition to Any Motion to Dismiss. Defendant shall answer or otherwise respond to the Complaint on or before May 16, 2023. Plaintiff shall respond to any motion to dismiss filed by Defendant on or before June 30, 2023. DoNotPay, Inc. answer due 5/16/2023. Signed by Chief Judge Nancy J. Rosenstengel on 4/6/2023. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 5, 2023 Filing 18 Federal Rule of Civil Procedure 7.1 Disclosure Statement by DoNotPay, Inc.. (Walsh, Richard)
April 5, 2023 Filing 17 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 257 and 341, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:23-cv-00863-NJR. (bmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 5, 2023 Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Green, Kevin)
April 5, 2023 Filing 15 NOTICE OF ACTION re #11 Notice of Appearance filed by DoNotPay, Inc. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (bmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 5, 2023 Filing 14 NOTICE FROM CLERK Instructing DoNotPay, Inc. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 257 and 341, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to DoNotPay, Inc. on 4/5/2023. Consent due by 4/26/2023 (bmc)
April 4, 2023 Filing 13 Joint MOTION for Extension of Time to File Answer to the Complaint and to File an Opposition to Any Motion to Dismiss by DoNotPay, Inc.. (Walsh, Richard)
April 4, 2023 Filing 12 NOTICE of Appearance by Jerina D Phillips on behalf of DoNotPay, Inc. (Phillips, Jerina)
April 4, 2023 Filing 11 NOTICE of Appearance by Richard B. Walsh, Jr on behalf of DoNotPay, Inc. (Walsh, Richard)
March 21, 2023 Filing 10 SUMMONS Returned Executed by MillerKing, LLC. DoNotPay, Inc. served on 3/17/2023, answer due 4/7/2023. (Green, Kevin)
March 16, 2023 Filing 9 AO 120 Report of Filing (bmc)
March 16, 2023 Filing 8 Summons Issued as to DoNotPay, Inc. Original mailed to Attorney Green. (bmc)
March 16, 2023 Filing 7 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Orders 257 and 341. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: MillerKing, LLC. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:23-cv-00863-RJD. Consent due by 4/6/2023 (bmc)
March 15, 2023 Filing 6 NOTICE of Appearance by Daniel Scott Levy on behalf of MILLERKING, LLC (Levy, Daniel)
March 15, 2023 Filing 5 NOTICE of Appearance by Thomas C. Horscroft on behalf of MILLERKING, LLC (Horscroft, Thomas)
March 15, 2023 Filing 4 NOTICE of Appearance by Thomas P. Rosenfeld on behalf of MILLERKING, LLC (Rosenfeld, Thomas)
March 15, 2023 Filing 3 NOTICE of Appearance by Kevin P. Green on behalf of MILLERKING, LLC (Green, Kevin)
March 15, 2023 Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by MILLERKING, LLC. (Green, Kevin)
March 15, 2023 Filing 1 COMPLAINT against DONOTPAY, INC. ( Filing fee $ 402 receipt number AILSDC-5026437.), filed by MILLERKING, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Green, Kevin)

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Plaintiff: MillerKing, LLC
Represented By: Kevin P. Green
Represented By: Daniel Scott Levy
Represented By: Thomas C. Horscroft
Represented By: Thomas P. Rosenfeld
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Defendant: DoNotPay, Inc.
Represented By: Richard B. Walsh, Jr.
Represented By: Jerina D Phillips
Represented By: Allie M. Fellows
Represented By: Dale Richard Bish
Represented By: Eli Bard Richlin
Represented By: Paul Gross
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