2025-cv-02259

COMPLAINT filed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC; Filing fee $ 405, receipt number AILNDC-23160655.

Exhibit 1

SEALED EXHIBIT by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

Notice of Claims Involving Trademarks by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Trevor Christian Talhami

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Madeline Halgren

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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.

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MAILED original ten-thousand-dollar ($10,000) surety bond posted by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc to Amy Crout Ziegler Greer, Burns & Crain Ltd., 200 W Madison St Ste 2100 Chicago, IL 60606 via certified mail #9589 0710 5270 0579 7779 42.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for temporary restraining order, [13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

DECLARATION of Sven-Eric Widmayer regarding memorandum in support of motion[14]

Exhibit 1

SEALED EXHIBIT by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. Exhibit 2 regarding declaration[16]

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for miscellaneous relief[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal [3] and motion for electronic service of process [18] are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) [13] is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 3/20/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO is to be filed by 3/17/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition the Court may deny entry of a preliminary injunction based on inadequate notice of the lawsuit if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 3/6/2025.

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

Registry Deposit Information Form by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

NOTICE of Correction regarding summons issued [25]

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 10,000.00 posted by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of extension of time[29]

DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[30]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the temporary restraining order [29] is granted; the ex parte TRO entered by the Court on 3/6/2025 is extended through 4/3/2025. The telephonic preliminary injunction hearing set for 3/20/2025 is vacated and reset to 4/3/2025 at 9:000 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO is to be filed by 3/28/2025. The Court reiterates that it will deny entry of a preliminary injunction based on inadequate notice of the lawsuit if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing.

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for preliminary injunction 34

(Declaration of Trevor C. Talhami)

SUMMONS Returned Executed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/17/2025, answer due 4/7/2025.

Declaration of Madeline B. Halgren

(Exhibit A)

MINUTE entry before the Honorable Matthew F. Kennelly: No defendant in this case has appeared or filed a response to the complaint or the motion for preliminary injunction. The telephonic preliminary injunction hearing set for 4/3/2025 is vacated. Plaintiff's motion for entry of a preliminary injunction [34] is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 6/6/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a status report on 5/30/2025. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 4/1/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation as to certain defendants

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Hannah Alexa Abes

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for entry of default, MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for default judgment as to all remaining Defendants

(Exhibit A)

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for entry of default, motion for default judgment, 41

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, 42

(Exhibit 1)

NOTICE of Voluntary Dismissal by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation as to certain defendants

NOTICE of Voluntary Dismissal by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation as to certain defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default [41] is granted. Final Judgment Order to follow. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 4/28/2025. Mailed notice.

MAILED Trademark report with certified copy of minute order dated 4/28/2025 to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding order[47] in the amount of $50,000 as to certain defendant