2025-cv-04715

COMPLAINT filed by Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy; Jury Demand. Filing fee $ 405, receipt number AILNDC-23417821.

(Exhibit 1)

CIVIL Cover Sheet

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

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

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

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

MOTION by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Blue Sphere, Inc. d/b/a Lucky 13 and Robert A. Kloetzy Sealed Schedule A

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

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

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. 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.

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7 before Honorable Sharon Johnson Coleman on 5/6/2025 at 10:00 AM.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff has filed a complaint alleging infringement by 50 defendants. This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" 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. 19 and 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 at least 7 days before the filing of the motion for temporary restraining order. Alternatively, by the same date, Plaintiff may file an amended complaint and amended Schedule A reducing the number of defendants. However, if Plaintiff names multiple defendants, Plaintiff must show that joinder of those defendants is proper. The Court directs Plaintiff to this Court's standing order in Schedule A cases regarding joinder on the Court's website. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/6/2025. Plaintiffs' motion for leave to file under seal 7 is granted. Mailed notice.

AMENDED complaint by Blue Sphere, Inc., 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., Robert A Kloetzy Amended Schedule A

MEMORANDUM by Blue Sphere, Inc., Robert A Kloetzy Plaintiffs' Memorandum in Support of Joinder

DECLARATION of Robert A. Kloetzy

SEALED EXHIBIT by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy Exhibit 2 to Kloetzy Declaration regarding declaration 19

MOTION by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy to expedite Plaintiffs' Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion to expedite 21 before Honorable Sharon Johnson Coleman on 5/14/2025 at 10:00 AM.

ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc., Robert A Kloetzy by Elizabeth Aubree Miller

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/14/2025. Plaintiffs' motion for expedited discovery 21 is granted. Enter Order. An in-person status hearing is set for 6/4/2025 at 10:00 AM. Mailed notice.

ORDER. Signed by the Honorable Sharon Johnson Coleman on 5/14/2025. Mailed notice.

ATTORNEY Appearance for Plaintiffs Blue Sphere, Inc., Robert A Kloetzy by Elizabeth Aubree Miller

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 6/4/2025. Counsel for plaintiff reported that she is waiting to receive defendants' information from the third-party platform Walmart and then counsel can have summons issued and served on defendants. An in-person status hearing is set for 7/8/2025 at 10:00 AM. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Case was called for a status hearing on 7/8/2025. No one appeared nor contacted the Court. The Court continues the status hearing to 7/22/2025 at 8:45 AM as an in-person hearing. If counsel for plaintiffs does not appear at the next status, the Court may dismiss the matter for want of prosecution. Mailed notice.

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

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Blue Sphere, Inc., Robert A Kloetzy

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 7/22/2025. Counsel for plaintiffs reported that defendants were served on July 9, 2025 and counsel anticipates proceeding with default. An in-person status hearing is set for 8/5/2025 at 10:00 AM. Mailed notice.

MOTION by Plaintiffs Blue Sphere, Inc., Robert A Kloetzy for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

Exhibit A

(Supplemental Chart)

MEMORANDUM by Blue Sphere, Inc., Robert A Kloetzy in support of motion for default judgment, 33

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 33

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 33 before Honorable Sharon Johnson Coleman on 8/5/2025 at 10:00 AM.

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 8/5/2025. Defendants did not appear nor contact the Court. Plaintiffs' motion for entry of default 33 is granted. Default is entered in favor of plaintiffs and against defendants identified in the Amended Schedule A. An in-person prove up hearing is set for 8/22/2025 at 10:00 AM. Mailed notice.

MEMORANDUM by Blue Sphere, Inc., Robert A Kloetzy Plaintiffs' Supplemental Memorandum in Support of a $100,000 Damage Award Per Defaulting Defendant

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit Figueroa Exhibit A)

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 8/22/2025 regarding the motion for default judgment 33. The motion is entered and continued to 9/12/2025 at 9:45 a.m. in courtroom 1241. Mailed notice

MINUTE entry before the Honorable Sharon Johnson Coleman: The in-person motion hearing set for 9/12/2025 at 9:45 AM is reset to 10:00 AM (NOTE TIME CHANGE ONLY). Mailed notice.

MEMORANDUM by Blue Sphere, Inc., Robert A Kloetzy Plaintiffs' Additional Supplemental Memorandum in Support of Statutory Damages Against Defaulted Defendants

MEMORANDUM Opinion and Order: The Court dismisses Plaintiffs' Complaint for lack of jurisdiction. Plaintiff's motion for entry of default and default judgment is stricken as moot 33. Hearing scheduled for 9/12/2025 is stricken. Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 9/10/2025. Mailed notice.

ENTERED JUDGMENT. Mailed notice.

MAILED Trademark report with certified copy of order dated 9/10/2025 to Patent Trademark Office, Alexandria VA