2023-cv-09586

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 402, receipt number AILNDC-21047416.

(Exhibit 1)

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment.

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

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

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment.

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 Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff KTM AG 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 KTM AG in support of motion for temporary restraining order, 10

Declaration Trunkenpolz/Sigl Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 1 of 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

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 7 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 8 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 9 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 10 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 11 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 12 of Trunkenpolz/Sigl Declaration

Notice of Claims Involving Trademarks by KTM AG

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case pursuant to IOP 13(f)(2)(b). Signed by Executive Committee on 9/18/2023.

MINUTE entry before the Honorable Harry D. Leinenweber: Motion to seal document 6 is granted. MOTION for leave to file excess pages 9 is granted. Motion for TRO 10 will be heard via Telephone Conference set for 10/4/23 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling on motion hearing held. Motion for TRO 10 is granted. Telephone Conference set for 10/18/23 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ENTER SEALED ORDER. Signed by the Honorable Harry D. Leinenweber on 10/4/2023:Mailed notice

SURETY BOND in the amount of $ 10,000 posted by KTM AG (Document not imaged)

MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status and ruling on motion hearing held. Oral motion to extend the TRO to 11/1/23 10 is granted. Telephone Conference set for 11/1/23 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Harry D. Leinenweber: Motion for extension of time of the TRO to 11/1/23 32 is granted. Mailed notice

MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

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

MEMORANDUM by KTM AG in support of motion for preliminary injunction 34

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 34

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

SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/27/2023, answer due 11/17/2023.

MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling on motion hearing held. Motion for preliminary injunction 34 is granted. Telephone Conference set for 11/30/23 at 9:00 a.m. Dial: 1-888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ENTER ORDER. Signed by the Honorable Harry D. Leinenweber on 11/1/2023:Mailed notice

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 71, 108, 149

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 246

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 143, 158, 253

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 69

MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference held and continued to 1/16/24 at 9:00 a.m. Dial: 1-888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 91, 224, 247

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No.202

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 187

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 Executive Committee on 12/28/2023: Mailed notice.

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 19, 106, 249

MINUTE entry before the Honorable Harry D. Leinenweber:Telephone conference set for 1/16/24 is re-set to 3/7/24 at 9:00 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

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

MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit Amended Schedule A)

MEMORANDUM by KTM AG in support of motion for default judgment, 53

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 53

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 3/7/24 is re-set to 1/24/24 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A [53] will be heard at that time. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling ion motion hearing held. Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A 53 is granted. Mailed notice (maf) Civil case terminated.

ENTER FINAL JUDGMENT ORDER. Signed by the Honorable Harry D. Leinenweber on 1/24/2024: Mailed notice

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment