RooR International, BV et al v. Amused Clothing, LLC et al
| Sream, Inc., RooR International, BV, Sream Inc and RooR International BV |
| Robert Krusinski and Amused Clothing, LLC |
| 4:2019cv00011 |
| February 6, 2019 |
| US District Court for the Northern District of Indiana |
| Joseph S Van Bokkelen |
| Joshua P Kolar |
| Andrew P Rodovich |
| Philip P Simon |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.
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Filing 31
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART #26 MOTION to Dismiss for Lack of Jurisdiction filed by Robert Krusinski, Amused Clothing, LLC. The claims of plaintiff RooR International BV are dismissed for lack of statutory standing to bring the claims asserted in the complaint. The claims of plaintiff Sream, Inc. in Counts One and Two of the complaint are dismissed for lack of statutory standing. Sream, Inc.s claim in Count Three of the complaint remains pending. Signed by Judge Philip P Simon on 4/21/2020. (bas)
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| Filing 30 REPLY to Response to Motion re #26 MOTION to Dismiss for Lack of Jurisdiction filed by Amused Clothing, LLC, Robert Krusinski. (Jones, Tyler) |
| Filing 29 TELEPHONIC STATUS CONFERENCE held on 4/2/2020, before Magistrate Judge Joshua P Kolar. Pltfs appeared by atty Michael Swift. Dfts appeared by attys Tyler Jones, William Kealey. Discussion held as to possibility of settlement conference. Pltfs' counsel indicates they intend to send Dfts a settlement demand. Telephonic Status Conference set for 5/13/2020 10:00 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Parties to file a status report by 4/29/2020 indicating whether the status conference should be changed to a settlement conference. Parties are encouraged to advance litigation to the extent possible given the current national health crisis. (Tape #ATT Host - Kolar.) (tc) |
| Filing 28 RESPONSE to Motion re #26 MOTION to Dismiss for Lack of Jurisdiction filed by RooR International BV, Sream Inc. (Swift, Michael) |
| Filing 27 BRIEF in Support of #26 MOTION to Dismiss for Lack of Jurisdiction filed by Robert Krusinski, Amused Clothing, LLC. (Attachments: #1 Exhibit 1)(Jones, Tyler) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction by Defendants Amused Clothing, LLC, Robert Krusinski. (Jones, Tyler) |
| Filing 25 NOTICE of Appearance by Tyler L Jones on behalf of Amused Clothing, LLC, Robert Krusinski (Jones, Tyler) |
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Filing 24
MINUTE ORDER: Telephonic Status Conference set for 4/2/2020 10:00 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Court to initiate the call. If a different number than is listed on the docket should be used to reach counsel directly, please contact Judge Kolar's Case Manager at teresa_castillo@innd.uscourts.gov at least 24 hours prior to the conference. By Magistrate Judge Joshua P Kolar on 3/6/2020. Text entry order. (tc)
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| Set/Reset Deadlines: Answer due for defendants on 3/12/2020 per #23 Agreed Notice. (jld) |
| Filing 23 AGREED NOTICE to extend time to file answer filed by Amused Clothing, LLC, Robert Krusinski ; answer due by March 12, 2020. (Kealey, William) |
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Filing 22
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 1/27/2020. (tc)
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| Filing 21 SUMMONS Returned Executed by RooR International BV, Sream Inc. Robert Krusinski served on 1/23/2020, answer due 2/13/2020. (Swift, Michael) |
| Filing 20 SUMMONS Returned Executed by RooR International BV, Sream Inc. Amused Clothing, LLC served on 1/23/2020, answer due 2/13/2020. (Swift, Michael) |
| Filing 19 NOTICE of Appearance by William P Kealey on behalf of Amused Clothing, LLC, Robert Krusinski (Kealey, William) |
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Filing 18
ORDER VACATING AND SETTING ASIDE #14 Clerks Entry of Default, #13 Clerks Entry of Default. Plaintiffs RooR International BV and Sream, Inc. are ordered, no later than January 31, 2020, to file new proofs of service on both defendants, or to show cause why the action should not be dismissed against both defendants pursuant to Fed.R.Civ.P. 4(m) for lack of timely and sufficient service of process. If new proof of service is not filed by January 31, the attempt to show cause must include detailed plans for future attempts to obtain service on both defendants. Signed by Judge Philip P Simon on 1/13/2020. (mlc)
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Filing 17
ORDER for Plaintiffs RooR International and Sream, Inc. to show cause no later than 1/10/2020 why the clerk's entries of default should not be set aside, by explaining why the service of process reflected in the process server's return is legally adequate for both defendants. Failure to timely respond to this order will result in the dismissal of both defendants without prejudice and the closure of this case, without further notice. The pending motion for default judgment #16 is DENIED WITHOUT PREJUDICE. Signed by Judge Philip P Simon on 12/12/2019. (bas)
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| Filing 16 MOTION for Default Judgment as to all Defendants by Plaintiffs RooR International BV, Sream Inc. (Attachments: #1 Exhibit 1-Value, #2 Exhibit 2-Damages, #3 Exhibit 3-Aff. of Swift, #4 Exhibit 4-Proposed Order)(Swift, Michael) |
| Filing 15 NOTICE of Appearance by Michael A Swift on behalf of All Plaintiffs (Swift, Michael) |
| Filing 14 **VACATED AND SET ASIDE PER ORDER OF 1/13/2020** CLERK'S ENTRY OF DEFAULT against *Robert Krusinski* regarding #12 Clerks Entry of Default (jld) Modified on 1/13/2020 to show vacated (mlc). |
| Filing 13 **VACATED AND SET ASIDE PER ORDER OF 1/13/2020** CLERK'S ENTRY OF DEFAULT against *Amused Clothing LLC* regarding #11 Application for Clerk's Entry of Default filed by Sream Inc, RooR International BV (jld) Modified on 1/13/2020 to show vacated (mlc). |
| Filing 12 APPLICATION FOR CLERK'S ENTRY OF DEFAULT by RooR International BV, Sream Inc as to Robert Krusinski. (Attachments: #1 proposed order)(Chance, Jonathan) |
| Filing 11 APPLICATION FOR CLERK'S ENTRY OF DEFAULT by RooR International BV, Sream Inc as to Amused Clothing, LLC. (Attachments: #1 proposed order)(Chance, Jonathan) |
| Filing 10 NOTICE by RooR International BV, Sream Inc of service of initial disclosures on Defendants (Chance, Jonathan) |
| Filing 9 SUMMONS Returned Executed by RooR International BV, Sream Inc. All Defendants. (Chance, Jonathan) |
| Filing 8 NOTICE pursuant to Rule 4(m) of the Federal Rules of Civil Procedure as to *Amused Clothing, LLC, Robert Krusinski* that this action may be dismissed for failure to serve process. (tc) |
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Filing 7
ORDER REASSIGNING CASE - EFFECTIVE MAY 1, 2019 this Case is reassigned to Judge Philip P Simon and Magistrate Judge Joshua P Kolar for all further proceedings. Signed by Chief Judge Theresa L Springmann on 4/29/19. (mlc) Modified on 5/1/2019 to edit text (mlc).
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| Filing 6 NOTICE by RooR International BV, Sream Inc Notice of Related Cases (Chance, Jonathan) |
| Filing 5 RECEIPT of AO120 from RooR International BV, Sream Inc. AO120 and complaint sent to office of patents and trademarks (mlc) |
| Filing 4 Summons Issued as to Amused Clothing, LLC, Robert Krusinski. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) |
| Judge Joseph S Van Bokkelen and Magistrate Judge Andrew P Rodovich added. (NEW CASE) (mlc) |
| Filing 3 Corporate Disclosure Statement by RooR International, BV, Sream, Inc.. (Chance, Jonathan) |
| Filing 2 NOTICE of Appearance by Jonathan Grant Chance on behalf of All Plaintiffs (Chance, Jonathan) |
| Filing 1 COMPLAINT FOR INJUNTIVE RELIEF with jury demand against All Defendants ( Filing fee $ 400 receipt number 0755-3802065.), filed by RooR International, BV, Sream, Inc.. (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Exhibit Exhibit B to Complaint, #3 Exhibit Exhibit C to Complaint, #4 Exhibit Exhibit D to Coimplaint, #5 Exhibit Exhibit E to Complaint, #6 Civil Cover Sheet, #7 Proposed Summons Amused Clothing summons, #8 Proposed Summons Krusinski summons)(Chance, Jonathan) Modified on 2/7/2019 (mlc). |
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