2023-cv-15106

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 402, receipt number AILNDC-21236180.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

Notice of Claims involving Trademarks by Harley-Davidson Motor Company, Inc.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Edmond E. Chang. 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.

AMENDED complaint by Harley-Davidson Motor Company, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for discovery Expedited

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

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.

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion [3] to seal and the docket, the motion to seal says that the Plaintiff is seeking a TRO for, in part, asset-restraint purposes. But no TRO motion has been filed. Also, the Amended Complaint is public and lists the Defendant-seller's name, R. 11, though the Amended Schedule is sealed, R. 12. On or before 04/09/2024, the Plaintiff shall file a supplement to the motion to seal to explain the absence of the TRO motion and the inconsistency between the sealing status of the Amended Complaint versus Amended Schedule A. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/19/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Amended Schedule A (unsealed) regarding exhibit[2]

SUPPLEMENT to motion for leave to file[3] per minute entry [18]

ORDER Signed by the Honorable Edmond E. Chang on 4/3/2024: On review of the status report, R. 20, the motion [3] to seal is terminated as withdrawn. The motions for expedited discovery and service of process [13], [14] are granted. The tracking status hearing of 04/19/2024 is reset to 05/10/2024 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 05/03/2024, or if the Defendant has not appeared, then the Plaintiff shall file the status report. Emailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/2/2024, answer due 5/23/2024.

Declaration of Trevor C. Talhami

Exhibit A

STATUS Report pursuant to [21] by Harley-Davidson Motor Company, Inc.

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 23, and the return of service, R. 22, the response to the complaint is due on 05/23/2024. The tracking status hearing of 05/10/2024 is reset to 06/07/2024 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 05/30/2024. If the Defendant does not respond to the complaint on time, then the Defendant is deemed to be in default, and the Plaintiff shall file a motion for default judgment in a sum certain on 05/30/2024. Emailed notice

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), and to avoid unnecessary status hearings and to provide time to exchange consideration, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 02/24/2025. Status hearing of 06/07/2024 is vacated. Civil case terminated. Emailed notice