2024-cv-05376

COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy; Jury Demand. Filing fee $ 405, receipt number AILNDC-22185992.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy by Michael A. Hierl

ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy by John Wilson

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).

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.

MINUTE entry before the Executive Committee: Case reassigned to the Honorable Edmond E. Chang for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice

(Request for reassignment) (ags)

MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 189 Defendants. R. 8. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 07/08/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 07/19/2024 at 8:30 a.m. Emailed notice

AMENDED complaint by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy Amended Schedule A

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy 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

MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy in support of motion for temporary restraining order, 15

Declaration Kloetzy Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy Exhibit 2 to Kloetzy Declaration

Notice of Claims Involving Trademarks by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy

MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy Plaintiff's Memorandum in Support of Joinder

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy Exhibit AA

MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the joinder memorandum and exhibit, R. 19, 20, the three Defendants use the same exact and unique 13-word advertising text, and the images are exactly the same as well. Joinder is satisfied at this preliminary stage. (2.) The Plaintiff's motion 15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 7 for leave to file under seal is granted in light of the asset-restraint goal. By 7/23/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The motion 14 to use extra pages is granted. The tracking status hearing of 07/19/2024 is reset to 08/02/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/26/2024. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/16/2024. Emailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy. (Document not scanned.)

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion on the TRO 24 is granted. The TRO is extended through 08/14/2024. The tracking status hearing of 08/02/2024 is reset to 08/16/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report and (if appropriate) a preliminary injunction motion by 08/09/2024. Emailed notice

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy in support of motion for preliminary injunction 26

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SUMMONS Returned Executed by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 8/8/2024, answer due 8/29/2024.

STATUS Report by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction 26 is granted. Given the answer deadline of 08/29/2024, the tracking status hearing of 08/16/2024 is reset to 09/13/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 09/06/2024. If the Defendants do not answer on time, then they shall be deemed in default, and the Plaintiff shall file a motion for default judgment in a sum certain by 09/06/2024. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/14/2024. Emailed notice

NOTICE of Voluntary Dismissal by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy Plaintiffs' Notice of Voluntary Dismissal as to Defendant No. 3

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal 33, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed with prejudice as to Defendant No. 3, RS Creative car stickers. The tracking status hearing of 09/13/2024, R. 31, to remain unchanged. Emailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A

(Exhibit A)

MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy in support of motion for default judgment, 36

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 36

(Exhibit Hierl Exhibit 1)

STATUS Report by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetsy

MINUTE entry before the Honorable Edmond E. Chang: On review of the motion for default judgment as to Defendants 1 and 2, the motion 13 is granted in part given the absence of a timely response to the complaint. Judgment entered in favor of the Plaintiff and against each Defendant in the amount of fifteen-thousand dollars ($15,000) each. In light of the willfulness established by the default, a permanent injunction shall be entered. A separate AO-450 judgment shall be entered. The status hearing of 09/13/2024 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 09/09/2024. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 09/09/2024. Emailed notice