Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc. et al

Justia Dockets & Filings Eighth Circuit South Dakota District Court Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc. et al

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc. et al

Plaintiff:	Sturgis Motorcycle Rally, Inc.
Defendant:	Rushmore Photo & Gifts, Inc., JRE, Inc., Carol Niemann, Paul A. Niemann and Brian M. Niemann
Counter_claimant:	Paul A. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc., Brian M. Niemann and Carol Niemann
Counter_defendant:	Sturgis Motorcycle Rally, Inc.
Case Number:	5:2011cv05052
Filed:	June 22, 2011
Court:	US District Court for the District of South Dakota
Office:	Western Division Office
County:	Meade
Presiding Judge:	Jeffrey L. Viken
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114
Jury Demanded By:	Both

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This docket was last retrieved on January 25, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 24, 2012	Filing 105 ORDER REFERRING 93 MOTION to Strike, 76 MOTION for Summary Judgment by all defendants, and 66 MOTION for Summary Judgment filed by Sturgis Motorcycle Rally, Inc. Signed by U. S. District Judge Jeffrey L. Viken on 9/24/12. Motions referred to Magistrate Judge John E. Simko. (SB)
August 28, 2012	Filing 104 AMENDED ORDER staying discovery, granting 96 Motion to Amend/Correct, and referring 70 Motion to Strike to Magistrate Judge John E. Simko. Signed by U. S. District Judge Jeffrey L. Viken on 8/28/12. (SB)
August 28, 2012	MOTIONS 70 MOTION to Strike 60 Answer to Amended Complaint,, Impertinent Parts Thereof REFERRED to Judge Motions referred to John E. Simko.(DJP)
August 27, 2012	Filing 103 ORDER granting 101 Motion for Admission Pro Hac Vice of Charles M. Landrum III. Signed by U. S. District Judge Jeffrey L. Viken on 8/27/12. (SB)
August 27, 2012	Filing 102 ORDER staying discovery, granting 96 Motion to Amend/Correct, and referring 70 plaintiff's motion to strike to Magistrate Judge John E. Simko. Signed by U. S. District Judge Jeffrey L. Viken on 8/27/12. (SB) Modified on 8/27/2012 to clarify type of motion (SB).
August 27, 2012	Filing 101 MOTION for Attorney Charles M. Landrum III to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-1472763) by All Plaintiffs. (Loos, Michael)
August 20, 2012	Filing 100 REPLY TO MOTION RESPONSE re 93 MOTION to Strike 76 MOTION for Summary Judgment of Defendants MOTION to Strike 76 MOTION for Summary Judgment of Defendants filed by All Plaintiffs. (Loos, Michael) Modified on 8/21/2012 (DJP).
August 1, 2012	Filing 99 MEMORANDUM in Opposition re 93 MOTION to Strike 76 MOTION for Summary Judgment of Defendants MOTION to Strike 76 MOTION for Summary Judgment of Defendants filed by All Defendants. (Connolly, Jeffrey)
July 31, 2012	Filing 98 MEMORANDUM in Opposition re 96 MOTION to Amend/Correct 57 Order on Motion to Amend/Correct filed by All Defendants. (Connolly, Jeffrey)
July 30, 2012	Filing 97 MEMORANDUM in Support re 96 MOTION to Amend/Correct 57 Order on Motion to Amend/Correct filed by All Plaintiffs. (Loos, Michael)
July 30, 2012	Filing 96 MOTION to Amend/Correct 57 Order on Motion to Amend/Correct by All Plaintiffs. (Loos, Michael)
July 30, 2012	Filing 95 ORDER granting 89 Motion to Compel. Signed by U. S. District Judge Jeffrey L. Viken on 7/30/12. (SB)
July 20, 2012	Filing 94 MEMORANDUM in Support re 93 MOTION to Strike 76 MOTION for Summary Judgment of Defendants filed by All Plaintiffs. (Loos, Michael)
July 20, 2012	Filing 93 MOTION to Strike 76 MOTION for Summary Judgment of Defendants by All Plaintiffs. (Attachments: # 1 Exhibit A - Declaration Of Jason M. Sneed)(Loos, Michael). Added MOTION for Rule 56(D) Deferral of Responsive Obligation on 7/23/2012 (CMS).
July 19, 2012	Filing 92 REPLY to 70 Motion to Strike Impertinent Parts Of WalMart's Answer To First Amended Complaint filed by All Plaintiffs. (Loos, Michael)
July 11, 2012	Filing 91 AFFIDAVIT in Support re 89 MOTION to Compel Documents from the Sturgis Area Chamber of Commerce (Unopposed) filed by All Defendants. (Attachments: # 1 Exhibit Certification dated 9/2/2010 filed w/ USPTO, # 2 Exhibit (Part 1) Affidavit of Service dated 5/21/2012 served upon Sturgis Area Chamber of Commerce, # 3 Exhibit (Part 2) Affidavit of Service dated 5/21/2012 served upon Sturgis Area Chamber of Commerce, # 4 Exhibit Correspondence dated 6/28/2012 from Dwight Gubbrud, counsel for the Chamber to Aaron Davis, # 5 Exhibit Copy of Chamber's Log of Witheld Documents dated 6/28/2012, # 6 Exhibit Correspondence dated 6/29/2012 from Aaron Davis to Dwight Gubbrud, # 7 Exhibit Correspondence dated 7/6/2012 from Dwight Gubbrud to Aaron Davis, # 8 Exhibit Plaintiff's Certificate of Incorporation dated 3/31/10)(Palmer, J.)
July 11, 2012	Filing 90 MEMORANDUM in Support re 89 MOTION to Compel Documents from the Sturgis Area Chamber of Commerce (Unopposed) filed by All Defendants. (Palmer, J.)
July 11, 2012	Filing 89 MOTION to Compel Documents from the Sturgis Area Chamber of Commerce (Unopposed) by All Defendants. (Attachments: # 1 Text of Proposed Order)(Palmer, J.)
July 2, 2012	Filing 88 REPLY to 66 Motion for Summary Judgment By Plaintiff Supporting Its Motion For Summary Judgment filed by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
July 2, 2012	Filing 87 MEMORANDUM in Opposition re 70 MOTION to Strike 60 Answer to Amended Complaint,, Impertinent Parts Thereof filed by Wal-Mart Stores, Inc.. (Palmer, J.)
June 26, 2012	Filing 86 AFFIDAVIT in Support re 76 MOTION for Summary Judgment (Robert Reitter) filed by All Defendants. (Connolly, Jeffrey)
June 26, 2012	Filing 85 AFFIDAVIT in Support re 76 MOTION for Summary Judgment (Andrea Rich) filed by All Defendants. (Connolly, Jeffrey)
June 26, 2012	Filing 84 AFFIDAVIT in Support re 76 MOTION for Summary Judgment (Ray Gold) filed by All Defendants. (Attachments: # 1 Exhibit Examples of Daytona Pin & Patch's products from 1990-2011)(Connolly, Jeffrey)
June 26, 2012	Filing 83 AFFIDAVIT in Support re 76 MOTION for Summary Judgment (John "Jack" Hoel) filed by All Defendants. (Connolly, Jeffrey)
June 26, 2012	Filing 82 AFFIDAVIT of Brian M. Niemann in Support re 76 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit Postcard 1990, # 2 Exhibit Postcard 1993, # 3 Exhibit Postcard 1993, # 4 Exhibit Postcard 1996, # 5 Exhibit Hat 2000, # 6 Exhibit Hat 2000, # 7 Exhibit Hat 1998, # 8 Exhibit Hat 2000, # 9 Exhibit Belly Bag 1997, # 10 Exhibit Key Chain 2000, # 11 Exhibit Magnet 1999, # 12 Exhibit Shot Glass 1992, # 13 Exhibit Shot Glass 2000, # 14 Exhibit Calendar 1999, # 15 Exhibit Bandana 2001, # 16 Exhibit Hat Tac 2000, # 17 Exhibit Hat Tac 1999, # 18 Exhibit Hat Tac 1998, # 19 Exhibit Hat Tac 1998, # 20 Exhibit Hat Tac 1998, # 21 Exhibit Hat Tac 1998, # 22 Exhibit Patch 2000, # 23 Exhibit Coozie 1998, # 24 Exhibit Deluxe View Folder 1996, # 25 Exhibit Postcard 1996, # 26 Exhibit Postcard1996, # 27 Exhibit Postcard 1998, # 28 Exhibit Postcard 1996, # 29 Exhibit Postcard 1998, # 30 Exhibit Postcard 1999, # 31 Exhibit Examples of RPG Invoices to the Sturgis Chamber, # 32 Exhibit Corporate Dissolution and Resolution)(Connolly, Jeffrey) Modified on 6/27/2012 (DJP).
June 26, 2012	Filing 81 MEMORANDUM in Support re 76 MOTION for Summary Judgment filed by All Defendants. (Connolly, Jeffrey)
June 26, 2012	Filing 80 SUPPLEMENT by Defendants JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc., Wal-Mart Stores, Inc. Affidavit of Aaron W. Davis in Support of 76 Motion (Attachments: # 1 Exhibit USPTO TESS Record Exh. 7 - Depo of Kinney, # 2 Exhibit Portions of Book "Sturgis 70th Anniversary" published 2010, # 3 Exhibit Portion sof Book "The Best of Sturgis" 2002 copyright notice, # 4 Exhibit Portions of Book "Sturgis Stories" published 2002, # 5 Exhibit Portions of Book "The Sturgis Experience" 2004 copyright notice, # 6 Exhibit Portions of Book "Sturgis" published 2003, # 7 Exhibit Article entitled "A Ridge Through Time - Sturgis Timeline" posted 5/19/11 on Open Road, # 8 Exhibit Portions of Book "Sturgis - Harleys in the Hills" 1995 copyright notice, # 9 Exhibit Portions of "Outlaw Biker" Magazine's 1986 STURGIS Special, # 10 Exhibit Portions of "Supercycle" Magazine's Nov. '84 Edition, # 11 Exhibit Portions of "Easyriders" Magazine's Dec. '87 Sturgis Special Edition, # 12 Exhibit Portions of "Outlaw Biker" Magazine's 1989 Edition, # 13 Exhibit Portions of "In the Wind" Magazine presented by "Easyriders" Jan. '90 Edition, # 14 Exhibit Portions of "American Iron" Magazine's Nov. '90 Edition, # 15 Exhibit Portions of "Outlaw Biker" Magazine's STURGIS Special 1992 collector's edition, # 16 Exhibit Portions of "Outlaw Biker" Magazine's STURGIS Special 1993 collector's edition, # 17 Exhibit Ex 42 PART 1 - Portions of "Outlaw Biker" Magazine's STURGIS 1999 Edition, # 18 Exhibit Ex 42 PART 2 - Portions of "Outlaw Biker" Magazine's STURGIS 1999 Edition, # 19 Exhibit "In the Wind" Magazine's Jan. '94 Edition, # 20 Exhibit Portions of "In the Wind" Magazine's March '97 Edition, # 21 Exhibit Oct. '11 Article from Motorcyle Consumer News entitled "What's In a Name?", # 22 Exhibit 10/3/00 Office Action, # 23 Exhibit Decl. of Kinney filed 3/27/00 in Sturgis C.O.C., et al v. Sturgis Bike Week, # 24 Exhibit Decl. of Francie Ruebel Alberts filed on 4/17/00 in Sturgis C.O.C., et al v. Sturgis Bike Week, # 25 Exhibit Pltif's Rule 26(a)(2) Expert Witness Report of Patrick E. McBurnette filed 10/3/00 in Sturgis C.O.C., et al v. Sturgis Bike Week)(Connolly, Jeffrey) Modified on 6/27/2012 (DJP).
June 26, 2012	Filing 79 AFFIDAVIT in Support re 76 MOTION for Summary Judgment Aaron W. Davis filed by All Defendants. (Attachments: # 1 Exhibit Sturgis Motorcyle Rally Time Line, # 2 Exhibit USPTO TESS Record for REg. No. 1,948,097, the Composite Logo, # 3 Exhibit Sturgis Chambers Response Amendment filed 1/31/95, # 4 Exhibit USPTO TESS Record for Reg. No. 3,923,284, # 5 Exhibit 5/8/01 Office Action for the Sturgis Registration, # 6 Exhibit Chambers Response to 5/8/01 Office Action; 11/1/01 Declaration of Marlin Martin, # 7 Exhibit Good Sports Notice of Opposition dated 12/11/02, # 8 Exhibit BH-Harley Davidson's Notice of Opposition dated 12/13/02, # 9 Exhibit SMRIs Cert. of Inc. dated 3/21/10, # 10 Exhibit SMRIs Annual Report for 2011, # 11 Exhibit 9/2/10 Certification filed with USPTO, # 12 Exhibit Dismissal of Opposition dated 7/7/10 by Good Sports and BH Harley-Davidson, # 13 Exhibit 3/29/11 Letter from Kinney re: use of the term STURGIS, # 14 Exhibit Trademark Assignment from JRE, Inc. to Rushmore Photo & Gifts, Inc., # 15 Exhibit 8/13/96 letter from Sturgis Rally & Races, Inc. to Fireside Lounge & 8/13/96 memo, # 16 Exhibit 9/2/94 letter from Hansen & Hubbard to Attorney Flint, # 17 Exhibit Excerpts from sturgisrallyandraces.com, # 18 Exhibit 8/5/04 Hrg. Transcript of Sturgis C.O.C., et al. v. Sturgis Bike Week, # 19 Exhibit USPTO TESS Records from 1995, # 20 Exhibit Westlaw corporate printouts for Good Sports, Inc., # 21 Exhibit "STURGIS Motorcycle Ralley Trademark Usage Agreement - 2011", # 22 Exhibit 2/11/11 Complaint - Injunctive Relief Sought, # 23 Exhibit Order dated 12/19/11, # 24 Exhibit Transcription of Kinney's 1/17/12 updated to the Sturgis City Council, # 25 Exhibit USPTO TESS Record Exh. 1 - Depo of Kinney, # 26 Exhibit 25 continued USPTO TESS Record Exh. 7- Depo of Kinney)(Connolly, Jeffrey)
June 26, 2012	Filing 78 STATEMENT OF Uncontroverted and MATERIAL FACTS re 76 Motion for Summary Judgment by Defendants Wal-Mart Stores, Inc., Paul A. Niemann, Rushmore Photo & Gifts, Inc., Brian M. Niemann, JRE, Inc., Carol Niemann filed by All Defendants. (Connolly, Jeffrey)
June 26, 2012	Filing 77 (FILED IN ERROR) MEMORANDUM in Support re 76 MOTION for Summary Judgment filed by All Defendants. (Connolly, Jeffrey) Modified on 6/27/2012 (DJP).
June 26, 2012	Filing 76 MOTION for Summary Judgment by All Defendants. (Connolly, Jeffrey)
June 26, 2012	NOTICE of Filing Error: Memorandum in Support of Motion 77 filed by Defendant Carol Niemann, Defendant Paul A. Niemann, Defendant Brian M. Niemann, Defendant JRE, Inc., Defendant Rushmore Photo & Gifts, Inc., Defendant Wal-Mart Stores, Inc. FILED IN ERROR (Connolly, Jeffrey)
June 15, 2012	Filing 75 AFFIDAVIT in Opposition re 66 MOTION for Summary Judgment (Brian M. Niemann) filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Exhibit N1 - Post Card 1990, # 2 Exhibit N2 - Post Card 1993, # 3 Exhibit N3 - Post Card 1993, # 4 Exhibit N4- Post Card 1996, # 5 Exhibit N5 - Hat 2000, # 6 Exhibit N6 -Hat 2000, # 7 Exhibit N7 - Hat 1998, # 8 Exhibit N8 - Hat 2000, # 9 Exhibit N9 - Belly Bag 1997, # 10 Exhibit N10- Key Chain 2000, # 11 Exhibit N11 -Magnet 1999, # 12 Exhibit N12 - Shot Glass 1992, # 13 Exhibit N13 - Shot Glass 2000, # 14 Exhibit N14 - Calendar 1999, # 15 Exhibit N15 - Bandana 2001, # 16 Exhibit N16 - Hat Tac 2000, # 17 Exhibit N17 - Hat Tac 1999, # 18 Exhibit N18 - Hat Tac 1998, # 19 Exhibit N19 - Hat Tac 1998, # 20 Exhibit N20 - Hat Tac 1998, # 21 Exhibit N21- Hat Tac 1998, # 22 Exhibit N22- Patch 2000, # 23 Exhibit N23 - Coozie 1998, # 24 Exhibit N24 - Deluxe View Folder 1996, # 25 Exhibit N25- Postcard 1996, # 26 Exhibit N26 - Postcard 1996, # 27 Exhibit N27 - Postcard 1998, # 28 Exhibit N28 - Postcard 1996, # 29 Exhibit N29 - Postcard 1998, # 30 Exhibit N30 - Postcard 1999, # 31 Exhibit N31 - Examples of RPG Invoices to the Sturgis Chamber, # 32 Exhibit N32 - Corporate Dissolution and Resolution)(Connolly, Jeffrey) Modified to label exhibits on 6/18/2012 (CMS).
June 15, 2012	Filing 74 AFFIDAVIT in Opposition re 66 MOTION for Summary Judgment (Aaron W. Davis) filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Exhibit D1 - Sturgis Motorcycle Rally Time Line, # 2 Exhibit D2 - USPTO TESS Record for Reg. No. 1,948,097, the Composite Logo, # 3 Exhibit D3 - Sturgis Chambers Response Amendment filed 1/31/95, # 4 Exhibit D4 - USPTO TESS Record for Reg. No. 3,923,284, the STURGIS Registration, # 5 Exhibit D5 - 5/8/01 Office Action for the Sturgis Registration, # 6 Exhibit D6 - Chambers Response to 5/8/01 Office Action; 11/1/01 Declaration of Marlin Martin, # 7 Exhibit D7 - Good Sports Notice of Opposition dated 12/11/02, # 8 Exhibit D8 - BH Harley-Davidsons Notice of Opposition dated 12/13/02, # 9 Exhibit D9 - SMRIs Cert. of Inc. dated 3/31/10, # 10 Exhibit D10 -SMRIs Annual Report for 2011, # 11 Exhibit D11 - 9/2/10 Certification filed with USPTO, # 12 Exhibit D12 - Dismissal of Opposition dated 7/7/10 by Good Sports and BH Harley-Davidson, # 13 Exhibit D13 - 3/29/11 Letter from Kinney re: use of the term STURGIS, # 14 Exhibit D14 - Trademark Assignment from JRE, Inc. to Rushmore Photo & Gifts, Inc., # 15 Exhibit D15 - 8/13/96 letter from Sturgis Rally & Races, Inc. to Fireside Lounge & 8/13/96 memo, # 16 Exhibit D16 - 9/2/94 letter from Hansen & Hubbard to Attorney Flint, # 17 Exhibit D17 - Excerpts from sturgisrallyandraces.com)(Connolly, Jeffrey) Modified to label exhibits on 6/18/2012 (CMS).
June 15, 2012	Filing 73 RESPONSE to 68 Statement of Material Facts,, and Defendants' Additional Statement of Material and Uncontroverted Facts filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Connolly, Jeffrey)
June 15, 2012	Filing 72 MEMORANDUM in Opposition re 66 MOTION for Summary Judgment filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Connolly, Jeffrey)
June 11, 2012	Filing 71 MEMORANDUM in Support re 70 MOTION to Strike 60 Answer to Amended Complaint,, Impertinent Parts Thereof filed by All Plaintiffs. (Loos, Michael)
June 11, 2012	Filing 70 MOTION to Strike 60 Answer to Amended Complaint,, Impertinent Parts Thereof by All Plaintiffs. (Loos, Michael)
June 7, 2012	Filing 69 NOTICE of Appearance by Jeffrey R. Connolly on behalf of JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc., Wal-Mart Stores, Inc. (Connolly, Jeffrey)
May 25, 2012	Filing 68 STATEMENT OF MATERIAL FACTS by Plaintiff Sturgis Motorcycle Rally, Inc., Counter Defendant Sturgis Motorcycle Rally, Inc. filed by Sturgis Motorcycle Rally, Inc.. (Attachments: # 1 Exhibit Exhibit A - Declaration Of Dean Kinney, # 2 Exhibit Exhibit A1 - License Application, # 3 Exhibit Exhibit A2 - Licensing Agreement, # 4 Exhibit Exhibit A3 - Quarterly Royalty Accounting, # 5 Exhibit Exhibit B - Trademark Application and Registration Retreival, # 6 Exhibit Exhibit C - US Patent & Trademark Offie TDR Document Viewer, # 7 Exhibit Exhibit D - Notice Of Abandonment., # 8 Exhibit Exhibit E - Trademark Application and Registration Retreival, # 9 Exhibit Exhibit F - Certificate Of Administrative Dissolution)(Loos, Michael)
May 25, 2012	Filing 67 MEMORANDUM in Support re 66 MOTION for Summary Judgment filed by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
May 25, 2012	Filing 66 MOTION for Summary Judgment by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
May 24, 2012	NOTICE of Filing Error: Affidavit of Service, 65 filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc., Affidavit of Service, 62 filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc., Affidavit of Service, 63 filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc., Affidavit of Service, 64 filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc., Affidavit of Service, 61 filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc. FILED IN ERROR (Palmer, J.)
May 23, 2012	Filing 65 (FILED IN ERROR) AFFIDAVIT of Service for Subpoena to Testify at a Deposition and to Produce Documents in a Civil Action served on Brittany Battista - Administrative Assistant to Dean Kinney at Homeslice Corporation on May 21, 2012, filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.) Modified on 5/24/2012 (CMS).
May 23, 2012	Filing 64 (FILED IN ERROR) AFFIDAVIT of Service for Subpoena to Testify at a Deposition and to Produce Documents in a Civil Action served on Jennifer Kok - Office Administrator at Sturgis Chamber of Commerce on May 21, 2012, filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.) Modified on 5/24/2012 (CMS).
May 23, 2012	Filing 63 (FILED IN ERROR) AFFIDAVIT of Service for Subpoena to Testify at a Deposition and to Produce Documents in a Civil Action served on Jim Doyle - Owner of Sturgis Motorcycles, Inc. d/b/a Black Hills Harley-Davidson d/b/a Sturgis Harley-Davidson on May 21, 2012, filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.) Modified on 5/24/2012 (CMS).
May 23, 2012	Filing 62 (FILED IN ERROR) AFFIDAVIT of Service for Subpoena to Testify at a Deposition and to Produce Documents in a Civil Action served on Mayor Mark Carstensen on May 21, 2012, filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.) Modified on 5/24/2012 (CMS).
May 23, 2012	Filing 61 (FILED IN ERROR) AFFIDAVIT of Service for Subpoena to Testify at a Deposition and to Produce Documents in a Civil Action served on Karen Simmons on May 21, 2012, filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.) Modified on 5/24/2012 (CMS).
May 18, 2012	Filing 60 ANSWER to 52 Amended Complaint, by Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit Amendment to Trademark Reg. No. 1,948,097 filed 1/31/95, # 2 Exhibit 5/8/01 Office Action during application for Reg. No. 3,923,284, # 3 Exhibit Chamber's Response to 5/8/01 Office Action, # 4 Exhibit Good Sports' Notice of Opposition Dated 12/11/02, # 5 Exhibit BH Harley-Davidson's Notice of Opposition Dated 12/13/02, # 6 Exhibit SMRI's Certificate of Incorporation Dated 3/31/10, # 7 Exhibit Certification Dated 9/2/10 filed with US Patent & Trademark Office, # 8 Exhibit Withdrawal of Opposition Dated 7/2/10 on behalf of Good Sports & BH Harley-Davidson) (Palmer, J.)
May 17, 2012	Filing 59 PROTECTIVE ORDER. Signed by U. S. District Judge Jeffrey L. Viken on 5/17/12. (SB)
May 16, 2012	Filing 58 ANSWER to 55 Answer to Amended Complaint, Counterclaim,,,,,, Of Defendants Rushmore Photo & Gifts, JRE, Carol Niemann, Paul Niemann and Brian Niemann by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
May 11, 2012	Filing 57 ORDER granting 54 Motion to Amend/Correct. Signed by U. S. District Judge Jeffrey L. Viken on 5/11/12. (SB)
May 9, 2012	Filing 56 RETURN OF SERVICE Executed upon Defendant Wal-Mart Stores, Inc. on 4-27-2012 (Loos, Michael)
May 4, 2012	Filing 55 Defendants Rushmore Photo & Gifts, Inc. JRE, Inc., Carol Niemann, Paul Niemann and Brian Niemann's ANSWER to 52 Amended Complaint,, COUNTERCLAIM against Sturgis Motorcycle Rally, Inc. by Rushmore Photo & Gifts, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, JRE, Inc.. (Attachments: # 1 Exhibit Trademark Reg. No. 1,948,097 by the Chamber filed January 31, 1995, # 2 Exhibit May 8, 2001, Office Action, # 3 Exhibit Chambers Response to the May 8, 2011, Office Action, # 4 Exhibit Good Sports Notice of Opposition, dated December 11, 2002, # 5 Exhibit BH Harley-Davidson's Notice of Opposition, dated December 13, 2002, # 6 Exhibit SMRIs Certificate of Incorporation, dated March 31, 2010, # 7 Exhibit "Sturgis" Certification, dated September 2, 2010, # 8 Exhibit Withdrawal of Opposition, dated July 2, 2010) (Palmer, J.)
April 27, 2012	Filing 54 Joint MOTION to Amend/Correct 47 Scheduling Order and to Amend Expert Deadline and Add a Second Expert Deadline by Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Text of Proposed Order (Proposed) Order Modifying Scheduling Order)(Palmer, J.)
April 24, 2012	Filing 53 Summons Issued as to Wal-Mart Stores, Inc. True and Correct copy hand delivered to counsel (SLT).
April 24, 2012	Filing 52 AMENDED COMPLAINT, with Jury Demand, filed by Sturgis Motorcycle Rally, Inc. (Attachments: # 1 Exhibit A - True and Correct Copies of U.S. trademark registration certificates, # 2 Exhibit B - 2011 merchandise order book, # 3 Exhibit C - Distributed Products, # 4 Exhibit D - Products sold by Wal-Mart) (SLT)
April 23, 2012	Filing 51 ORDER granting 48 Motion to Amend. Signed by U. S. District Judge Jeffrey L. Viken on 4/23/12. (SB)
April 2, 2012	Filing 50 Joint MOTION for Protective Order by Sturgis Motorcycle Rally, Inc.. (Attachments: # 1 Text of Proposed Order Exhibit A - Proposed Stipulated Protective Order)(Loos, Michael)
April 2, 2012	Filing 49 MEMORANDUM in Support re 48 MOTION to Amend/Correct 1 Complaint, MOTION to Amend/Correct 1 Complaint, filed by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
April 2, 2012	Filing 48 MOTION to Amend/Correct 1 Complaint, by Sturgis Motorcycle Rally, Inc.. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Exhibit A to Proposed Amended Complaint, # 3 Exhibit Exhibit B to Proposed Amended Complaint, # 4 Exhibit Exhibit C to Proposed Amended Complaint, # 5 Exhibit Exhibit D to Proposed Amended Complaint)(Loos, Michael)
December 5, 2011	Filing 47 SCHEDULING ORDER: Discovery due by 9/17/2012. Motions due by 10/31/2012. Signed by U. S. District Judge Jeffrey L. Viken on 12/6/11. (SB)
November 22, 2011	Filing 46 FORM 52 REPORT of Parties Planning Meeting re 45 Order for Form 52. (Loos, Michael)
October 21, 2011	Filing 45 ORDER For Form 52 Report and Scheduling Information. Signed by U. S. District Judge Jeffrey L. Viken on 10/21/11. (SB)
October 21, 2011	Filing 44 ORDER denying as moot 18 Motion to Dismiss. Signed by U. S. District Judge Jeffrey L. Viken on 10/21/11. (SB)
September 16, 2011	Filing 43 NOTICE of Filing of Official Transcript re: 34 Evidentiary Hearing. Notice mailed to non-ecf counsel. (JT)
September 16, 2011	Filing 42 TRANSCRIPT of Proceedings re 34 Evidentiary Hearing held on August 5, 2011 before Judge Jeffrey L. Viken. Court Reporter/Transcriber: Judith M. Thompson, Telephone number 605-348-8610. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (JT)
August 30, 2011	Filing 41 SMRI's ANSWER to 39 Amended Answer to Complaint, Counterclaim,,,,,, by Sturgis Motorcycle Rally, Inc..(Loos, Michael)
August 17, 2011	Filing 40 MEMORANDUM in Opposition re 18 MOTION to Dismiss Counterclaims One, Two, Five, and Six filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.)
August 16, 2011	Filing 39 AMENDED ANSWER to Defendants' Amended Answer and Counterclaims 1 Complaint,, COUNTERCLAIM against Sturgis Motorcycle Rally, Inc. by Paul A. Niemann, Rushmore Photo & Gifts, Inc., Brian M. Niemann, JRE, Inc., Carol Niemann. (Attachments: # 1 Exhibit Trademark Reg. No. 1,948,097 by the Chamber, filed January 31, 1995, # 2 Exhibit May 8, 2001 Office Action, # 3 Exhibit Chambers Response to the May 8, 2001 Office Action, # 4 Exhibit Good Sports Notice of Opposition, dated December 11, 2002, # 5 Exhibit BH Harley-Davidsons Notice of Opposition, dated December 13, 2002, # 6 Exhibit SMRIs Certificate of Incorporation, dated March 31, 2010, # 7 Exhibit "Sturgis" Certification, dated September 2, 2010, # 8 Exhibit Withdrawal of Opposition, dated July 2, 2010)(Palmer, J.)
August 11, 2011	Filing 38 PRO HAC VICE fee paid by Jason Sneed. (KKS)
August 8, 2011	Filing 37 ORDER denying 21 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc. Signed by U. S. District Judge Jeffrey L. Viken on 8/8/11. (SB)
August 8, 2011	Filing 36 Enter ORAL ORDER denying 21 Motion for TRO. Entered by U. S. District Judge Jeffrey L. Viken on August 5, 2011. (JLH)
August 5, 2011	Filing 35 Exhibit List from TRO Hearing held 08/05/2011.(JLH)
August 5, 2011	Filing 34 Evidentiary Hearing held on 8/5/2011 before U. S. District Judge Jeffrey L. Viken (Court Reporter Judy Thompson) (JLH) Modified on 9/2/2011 (JLH).
August 5, 2011	Filing 33 Witness List by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Supplement AMENDED Witness List)(Palmer, J.)
August 5, 2011	Filing 32 Exhibit List by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc...(Palmer, J.)
August 5, 2011	Filing 31 Witness List by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc..(Palmer, J.)
August 5, 2011	Filing 30 Witness List by Sturgis Motorcycle Rally, Inc..(Loos, Michael)
August 5, 2011	Filing 29 Exhibit List by Sturgis Motorcycle Rally, Inc...(Loos, Michael)
August 4, 2011	Filing 28 MEMORANDUM in Opposition re 21 MOTION for Temporary Restraining Order and a Preliminary Injunction filed by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
August 4, 2011	Filing 27 ORDER granting 26 Motion for Extension of Time. Signed by U. S. District Judge Jeffrey L. Viken on 8/4/11. (SB)
August 4, 2011	Filing 26 MOTION for Extension of Time (REQUEST for Leave To File by 4:30PM) by Plaintiff Sturgis Motorcycle Rally, Inc., Counter Defendant Sturgis Motorcycle Rally, Inc. re 21 MOTION for Temporary Restraining Order and a Preliminary Injunction. (Loos, Michael) Modified on 8/4/2011 (JLH).
August 4, 2011	Filing 25 Status Conference held on 8/4/2011 before U. S. District Judge Jeffrey L. Viken (Court Reporter Judy Thompson) (SLP)
August 3, 2011	Filing 24 SCHEDULING ORDER: Motion Hearing set for 8/5/2011 at 01:30 PM in Rapid City Courtroom 1 - Room 301 before U. S. District Judge Jeffrey L. Viken. Signed by U. S. District Judge Jeffrey L. Viken on 8/3/11. (SB)
August 3, 2011	Filing 23 AFFIDAVIT in Support re 21 MOTION for Temporary Restraining Order and a Preliminary Injunction, 20 MOTION for Temporary Restraining Order and Preliminary Injunction filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Exhibit 1, Certification by US Patent & Trademark Office Dated 9/2/10, # 2 Exhibit 2, Office Action from US Patent & Trademark Office Dated 5/8/01, # 3 Exhibit 3, Sturgis Chamber's Reponse to 5/8/01 Office Action, # 4 Exhibit 4, Good Sports' Notice of Opposition Dated 12/11/02, # 5 Exhibit 5, Black Hills Harley Davidson's Notice of Opposition Dated 12/13/02, # 6 Exhibit 6, SMRI's Certificate of Incorporation Dated 3/31/10, # 7 Exhibit 7, SMRI's Annual Report for 2011, # 8 Exhibit 8, Withdrawal of Opposition by Good Sports & BH H-D Dated 7/2/10, # 9 Exhibit 9 Amendment Dated 1/31/95, # 10 Exhibit 10 Email Chain Between Clint of Homeslice Group and Bar Meltzer Dated 7/29/11, # 11 Exhibit 11, Email from Dean Kinney to Bar Meltzer Dated 8/1/11, # 12 Exhibit 12, Email from Bar Meltzer to Dean Kinney Dated 8/1/11, # 13 Exhibit 13, Cease & Desist Letter Dated 8/2/11)(Palmer, J.) Modified on 8/4/2011 to add numbers to exhibits (BBH).
August 3, 2011	Filing 22 MEMORANDUM in Support re 21 MOTION for Temporary Restraining Order and a Preliminary Injunction filed by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Supplement Dec. of P. Niemann, # 2 Supplement Dec. of B. Niemann, # 3 Supplement Dec. of Angderson, # 4 Supplement Dec. of Butler, # 5 Supplement Dec. of Celist, # 6 Supplement Dec. of Crew, # 7 Supplement Dec. of Driggs, # 8 Supplement Dec. of Dvorak, # 9 Supplement Dec. of Elley, # 10 Supplement Dec. of Farhat, # 11 Supplement Dec. of Farrokhi, # 12 Supplement Dec. of Gold, # 13 Supplement Dec. of Gormley, # 14 Supplement Dec. of Houska, # 15 Supplement Dec. of Kirwan, # 16 Supplement Dec. of Levy, # 17 Supplement Dec. of Lich, # 18 Supplement Dec. of Lupo, # 19 Supplement Dec. of Meltzer, # 20 Supplement Dec. of K. Mortimer, # 21 Supplement Dec. of L. Mortimer, # 22 Supplement Dec. of Nowicki, # 23 Supplement Dec. of Quinn, # 24 Supplement Dec. of Rezel, # 25 Supplement Dec. of Schroeder, # 26 Supplement Dec. of K. Tranni, # 27 Supplement Dec. of V. Tranni, # 28 Supplement Dec. of Wallenberg, # 29 Supplement Dec. of Wiedman, # 30 Supplement Dec. of Young)(Palmer, J.)
August 3, 2011	Filing 21 MOTION for Temporary Restraining Order and a Preliminary Injunction by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting TRO)(Palmer, J.)
August 3, 2011	Filing 20 FILED IN ERROR MOTION for Temporary Restraining Order and Preliminary Injunction by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Def.'s/CtrClmt's Mtn. for TRO)(Palmer, J.) Modified on 8/4/2011 (BBH).
August 3, 2011	NOTICE of Filing Error: Motion for TRO, 20 filed by Carol Niemann, Paul A. Niemann, Brian M. Niemann, JRE, Inc., Rushmore Photo & Gifts, Inc. FILED IN ERROR (Palmer, J.)
July 27, 2011	Filing 19 MEMORANDUM in Support re 18 MOTION to Dismiss Counterclaims filed by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
July 27, 2011	Filing 18 MOTION to Dismiss Counterclaims by Sturgis Motorcycle Rally, Inc.. (Loos, Michael)
July 20, 2011	Filing 17 ORDER granting 16 Motion for Attorney Jason M. Sneed to appear Pro Hac Vice. Signed by U. S. District Judge Jeffrey L. Viken on 7/20/11. (SB)
July 19, 2011	Filing 16 MOTION for attorney Jason Sneed to Appear Pro Hac Vice by All Plaintiffs. (Loos, Michael)
July 13, 2011	Filing 15 NOTICE of PHV Compliance by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc. re 14 Order on Motion for Leave to Appear Pro Hac Vice (Palmer, J.)
July 11, 2011	Filing 14 ORDER granting 13 Motion for Attorney Aaron W. Davis to appear Pro Hac Vice. Signed by U. S. District Judge Jeffrey L. Viken on 7/11/11. (SB)
July 6, 2011	Filing 13 MOTION for attorney Aaron W. Davis to Appear Pro Hac Vice by JRE, Inc., Brian M. Niemann, Carol Niemann, Paul A. Niemann, Rushmore Photo & Gifts, Inc.. (Palmer, J.)
July 6, 2011	Filing 12 CORPORATE Disclosure Statement by Counter Claimants JRE, Inc., JRE, Inc., Defendants JRE, Inc., JRE, Inc. identifying Other Affiliate JRE, Inc. for JRE, Inc., JRE, Inc... (Palmer, J.)
July 6, 2011	Filing 11 CORPORATE Disclosure Statement by Defendants Rushmore Photo & Gifts, Inc., Rushmore Photo & Gifts, Inc., Counter Claimants Rushmore Photo & Gifts, Inc., Rushmore Photo & Gifts, Inc. identifying Corporate Parent Rushmore Photo & Gifts, Inc. for Rushmore Photo & Gifts, Inc., Rushmore Photo & Gifts, Inc... (Palmer, J.)
July 6, 2011	Filing 10 Defendants' ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Sturgis Motorcycle Rally, Inc. by All Defendants.(Palmer, J.)
June 28, 2011	Filing 9 CERTIFICATE OF SERVICE by Sturgis Motorcycle Rally, Inc. to Brian M. Niemann (Loos, Michael)
June 28, 2011	Filing 8 CERTIFICATE OF SERVICE by Sturgis Motorcycle Rally, Inc. to Paul A. Niemann (Loos, Michael)
June 28, 2011	Filing 7 CERTIFICATE OF SERVICE by Sturgis Motorcycle Rally, Inc. to Carol Niemann (Loos, Michael)
June 28, 2011	Filing 6 CERTIFICATE OF SERVICE by Sturgis Motorcycle Rally, Inc. to JRE, Inc. (Loos, Michael)
June 28, 2011	Filing 5 CERTIFICATE OF SERVICE by Sturgis Motorcycle Rally, Inc. re 4 Summons Issued to Rushmore Photo & Gifts (Loos, Michael)
June 22, 2011	Filing 4 Summons Issued as to All Defendants. True copies provided plaintiff's counsel for service (BBH) Modified on 6/24/2011 (BBH).
June 22, 2011	Filing 3 RECEIPT #SDX500002426 for civil filing fee in the amount of $350 (BBH)
June 22, 2011	Filing 2 CIVIL COVER SHEET (BBH)
June 22, 2011	Filing 1 COMPLAINT with Jury Demand., filed by Sturgis Motorcycle Rally, Inc.. (Attachments: # 1 Exhibit A, U.S. trademark registration certificates # 2 Exhibit B, 2011 merchandise order book issued by Defendant RPG # 3 Exhibit C, Products bearing the Defendants' Infringing Designations)(BBH) Modified on 6/24/2011 (BBH).

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Plaintiff: Sturgis Motorcycle Rally, Inc.
Represented By:	Michael C. Loos
Represented By:	Jason M. Sneed
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Defendant: Rushmore Photo & Gifts, Inc.
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Defendant: JRE, Inc.
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Defendant: Carol Niemann
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Defendant: Paul A. Niemann
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Defendant: Brian M. Niemann
Represented By:	Aaron W. Davis
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Counter_claimant: Paul A. Niemann
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Counter_claimant: JRE, Inc.
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Counter_claimant: Rushmore Photo & Gifts, Inc.
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Counter_claimant: Brian M. Niemann
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Counter_claimant: Carol Niemann
Represented By:	Aaron W. Davis
Represented By:	J. Crisman Palmer
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Counter_defendant: Sturgis Motorcycle Rally, Inc.
Represented By:	Michael C. Loos
Represented By:	Jason M. Sneed
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