2024-cv-11376

COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy; Jury Demand. Filing fee $ 405, receipt number AILNDC-22690649.

(Exhibit 1)

CIVIL Cover Sheet

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

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

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

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

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

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

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy 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. Kloetzy 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. Kloetzy in support of motion for temporary restraining order, 11

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. Kloetzy Exhibit 2 Part 1 of Kloetzy Declaration

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

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 3 of Kloetzy Declaration

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 4 of Kloetzy Declaration

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 5 of Kloetzy Declaration

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 6 of Kloetzy Declaration

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 7 of Kloetzy Declaration

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 8 of Kloetzy Declaration

SEALED DOCUMENT by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Exhibit 2 Part 9 of Kloetzy Declaration

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

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7, motion for temporary restraining order, 11, motion for leave to file excess pages 10 before Honorable Jeremy C. Daniel on 11/13/2024 at 09:30 AM.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, false designation of origin, and violations of the Illinois Uniform Deceptive Trade Practices Act against 179 defendants. (R. 1 and R. 8.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before November 20, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. The November 13, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on November 26, 2024, at 9:30 a.m. Mailed notice

AMENDED complaint by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy 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. Kloetzy Amended Schedule A

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

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

(Exhibit 1)

MINUTE entry before the Honorable Jeremy C. Daniel: Oral argument held. The complaint 1 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal 7 is granted. All other pending motions [10, 11] are denied as moot. The Court refers the plaintiff to the Court's order in 24-cv-09401, Dkt. No. 27, which addressed arguments in support of joinder similar to those raised by the plaintiff in this case. That Court's reasoning denying joinder in that case applies here. Mailed notice.

Second Amended Complaint AMENDED complaint by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy 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. Kloetzy Amended Schedule A

MINUTE entry before the Honorable Jeremy C. Daniel: Motion to seal document 7 is granted. In light of the order 31, motions 10 and 11 are denied as moot. Status hearing set for 1/9/2025 at 9:30 a.m. Mailed notice.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: In recognition of the National Day of Mourning for President James Earl Carter, Jr., the United States District Court for the Northern District of Illinois will be closed on Thursday, January 9, 2025. Any matter previously set for Thursday, January 9, 2025, is continued to Friday, January 10, 2025, at 10:00 a.m. Mailed notice.

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy for temporary restraining order Plaintiff's Renewed 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. Kloetzy in support of motion for temporary restraining order, [37]

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. Kloetzy Exhibit 2 to Kloetzy Declaration

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, [37] before Honorable Jeremy C. Daniel on 1/14/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. Plaintiff's renewed motion for entry of a temporary restraining order 3 is granted. The motion hearing set for 1/14/2025 is stricken. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 1/10/2025. Mailed notice.

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

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 43 before Honorable Jeremy C. Daniel on 1/28/2025 at 09:30 AM.

SURETY BOND in the amount of $1000.00 posted by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's ex-parte motion to extend the temporary restraining order nunc pro tunc to 1/24/2025 43 is granted. The TRO now expires on 2/7/2025 at 11:00 a.m. Mailed notice.

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

MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy in support of motion for preliminary injunction 47

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 47

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 47 before Honorable Jeremy C. Daniel on 2/6/2025 at 09:30 AM.

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. Kloetzy as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 2/3/2025, answer due 2/24/2025.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 2/6/2025. Motion hearing held. Plaintiff's motion for preliminary injunction 47 is granted. The plaintiff is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice.

NEW PARTIES: Motorcycle Rider Home Store added to case caption.

MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 3/20/2025. Mailed notice.

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

(Exhibit A)

MEMORANDUM by Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy in support of motion for default judgment, 54

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 54

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 54 before Honorable Jeremy C. Daniel on 3/18/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Mailed notice.

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

DEFAULT JUDGMENT. Signed by the Honorable Jeremy C. Daniel on 3/20/2025. Motion for entry of default and default judgment 54 is granted. Civil case terminated. Mailed notice.

MOTION by Plaintiffs Blue Sphere, Inc. d/b/a Lucky 13, Robert A. Kloetzy Plaintiff's Motion for Return of Bond

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 61 before Honorable Jeremy C. Daniel on 4/1/2025 at 09:30 AM.

ORDER. The one thousand dollar ($1,000) surety bond posted by Plaintiffs is hereby released via certified mail to counsel of record for Plaintiffs, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. Signed by the Honorable Jeremy C. Daniel on 3/31/2025. Plaintiffs' motion for return of bond 61 is granted. The motion hearing is stricken. Mailed notice.