2025-cv-06488

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-23609354.

(Exhibit 1)

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl

ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff KTM AG by John Wilson

ATTORNEY Appearance for Plaintiff KTM AG by Elizabeth Aubree Miller

MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG

Notice of Claims Involving Trademarks by KTM AG

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants the motion to seal 8, but upon review of the complaint, the Court sua sponte raises the propriety of joining more than 180 defendants in a single action. By June 20, 2025, plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, plaintiff has leave to file an amended complaint by June 20, 2025 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting the opinion issued in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) (Alexakis, J.). Mailed notice.

AMENDED complaint by KTM AG against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff KTM AG Amended Schedule A

DECLARATION of Hubert Trunkenpolz and Viktor Sigl

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Pt. 1 to Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz-Sigl Declaration

MEMORANDUM by KTM AG Plaintiff's Memorandum in Support of Joinder

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff can proceed on its amended complaint against the listed Defendants in docket entries 15 and 16. Any motion for electronic service of process or request for early discovery should be filed by June 30, 2025. Mailed notice.

SEALED DOCUMENT by Plaintiff KTM AG Schedule A Supplement

MOTION by Plaintiff KTM AG Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff KTM AG Plaintiff's Motion for Expedited Discovery

MINUTE entry before the Honorable Lindsay C. Jenkins: The motions for expedited discovery and for electronic service 26 27 are granted. Separate order to issue. Mailed notice. Modified on 7/1/2025.

ORDER Signed by the Honorable Lindsay C. Jenkins on 7/1/2025. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant ali-1026 Store and all other Defendants identified in the Amended Complaint

MINUTE entry before the Honorable Lindsay C. Jenkins: Assuming no defendant appears beforehand, plaintiff is directed to file a motion for entry of default and default judgment by August 11, 2025. Mailed notice.

SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/11/2025, answer due 9/1/2025.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of KTM AG

STATUS Report by KTM AG

MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the August 11, 2025 status report, the motion for entry of default and default judgment is to be filed by September 8, 2025. Mailed notice.