2025-cv-05985

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-23548561.

(Exhibit 1)

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

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Laura K. McNally. 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.

NEW PARTIES: ping07 Store added to case caption.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff represents in its corporate disclosure statement 10 filed May 29, 2025, that "KTM AG has no publicly held affiliates." Local Rule 3.2(a) requires disclosure of all persons and entities who own, directly or indirectly, five percent or more of the disclosing party regardless of whether the ownership interest is publicly or privately held or traded. Collectanea J. Ltd. v. Defs. Identified on Sched. A, 2024 WL 4604532, at *1 n.1 (N.D. Ill. Oct. 29, 2024). Plaintiff is instructed to file an amended notice of affiliates as promptly as practicable and in any event by and including June 12, 2025.Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG Amended Notification of Affiliates

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 8 for leave to file certain documents under seal on a temporary basis is granted. The Clerk is instructed to maintain the seal on all presently sealed documents until further order of court. Mailed notice

ORDER: An initial status report is due on or before July 28, 2025. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at https://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within fourteen days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report.If, by the due date of the scheduled status report, defendants have not been served, plaintiff should email chambers_gottschall@ilnd.uscourts.gov to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 6/16/2025. Mailed notice

STANDING ORDER IN "SCHEDULE A" CASES Signed by the Honorable Joan B. Gottschall on 6/16/2025. Mailed notice

ORDER: Plaintiff is ordered to show cause within seven days (on or before June 23, 2025) why joinder is permissible in this case under Rule 20(a)(2) and Bailie v. Schedule A Defendants, 734 F. Supp. 3d 798 (N.D. Ill. 2024). Signed by the Honorable Joan B. Gottschall on 6/16/2025. Mailed notice

RESPONSE by Plaintiff KTM AG Memorandum in Response to Order of June 16, 2025 [Dkt. No. 19]

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's request, made in its memorandum of law 20 filed June 23, 2025, for leave to file an amended complaint naming a subset of the 247 defendants is granted. As plaintiff proposes, its amended complaint and memorandum of law justifying joinder of the defendants named in the amended complaint are due by and including June 30, 2025. 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

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, 25

Declaration Paragoso Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 to Paragoso Declaration regarding memorandum in support of motion, 26

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 24, filed July 8, 2025, for leave to exceed the Local Rule 7.1 page limit is granted. Plaintiff's memorandum of law 26 filed July 8, 2025, is deemed filed with leave of court under Local Rule 7.1.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's ex parte motion 25 for entry of a temporary restraining order is denied without prejudice for the reasons stated in 6 of this court's standing order 18 in "Schedule A" cases.

MINUTE entry before the Honorable Joan B. Gottschall: The deadline to file a joint initial status report is extended to and including August 28, 2025, at the request of plaintiff's counsel. Mailed notice

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 Renewed 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, 32

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff KTM AG Figueroa Declaration

(Exhibit A)

SEALED EXHIBIT by Plaintiff KTM AG Proposed Order regarding MOTION by Plaintiff KTM AG for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Proces 32

MOTION by Plaintiff KTM AG for temporary restraining order Plaintiff's Amended Renewed 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

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of KTM AG

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 31 filed August 1, 2025, to exceed page limit is granted. Plaintiff's memorandum of law 33 filed August 1, 2025, is deemed filed with leave of court under Local Rule 7.1. Plaintiff is reminded that the minute order 16 of June 16, 2025, granted its motion to seal 8 documents filed earlier in this case, but the minute order did not authorize the filing of future documents under seal. Plaintiff must comply with Local Rule 26.2 and file a motion showing good cause to maintain the seal on all non public documents filed after June 16, 2025. Plaintiff's motion, if any, to seal is due by and including August 12, 2025. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's first motion filed August 1, 2025, for a temporary restraining order 32 is denied without prejudice because plaintiff superseded it by filing an amended motion for temporary restraining order 36 later that same day. Plaintiff's amended motion 36 filed August 1, 2025, for a temporary restraining order is ex parte as to defendant, but plaintiff gave notice of the motion 37 to the non party service provider named in the proposed temporary restraining order. Dkt. No. 35. Plaintiff asks the court to find the third party provider bound by the temporary restraining order under Federal Rule of Civil Procedure 65(d)(2). The third-party provider has until and including August 12, 2025, to file a written response to, or request a hearing on, plaintiff's motion. A response or request for hearing must be filed on the docket. Any motion hearing will be held by teleconference. Any response or request for hearing must be accompanied by: (i) a notice of appearance, and (ii) a Local Rule 3.2 notice of affiliates. Plaintiff is instructed to serve the third party provider with this minute order in accordance with Federal Rule of Civil Procedure 5(b). Plaintiff must file a certificate of service of this minute order by and including August 7, 2025. Mailed notice

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of KTM AG

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

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion to seal 41, filed August 12, 2025, is granted. The Clerk is instructed to maintain the seal on all presently sealed documents until further order of court. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 39 of August 12, 2025, to object to, or request a hearing on, plaintiff's motion 36 for temporary restraining order has come and gone, and nothing has been received. Upon consideration of the certificate of service 40 filed August 6, 2025, plaintiff's motion 36 for entry of a sealed temporary restraining order is granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for August 29, 2025, at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov.Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 8/15/2025.Mailed notice

SURETY BOND in the amount of $ 1,000 posted by KTM AG. Document not imaged. (Received at the Intake Counter on 08/22/2025.)

MOTION by Plaintiff KTM AG Motion for Leave to Serve Summons and Amended Complaint by Electronic Means

Exhibit A

(Exhibit B)

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

MEMORANDUM by KTM AG in support of motion for preliminary injunction 47

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 47

STATUS Report Initial Status Report by KTM AG

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for preliminary injunction was due August 26, 2025, and defendant had until 10:30 AM on August 27, 2025, to respond in writing or request a hearing. TRO ¶ 10, Dkt. No. 44. By filing and serving its motion for preliminary injunction 47 at approximately 12:42 PM on August 27, 2025, plaintiff deprived defendant of an opportunity to respond or request a hearing. For this reason, defendant's deadline to respond to, or request a hearing on, plaintiff's motion for preliminary injunction 47, filed August 27, 2025, is extended to 10:30 AM Central Time on August 28, 2025. Plaintiff is ordered to serve defendant with a copy of this order instanter and to file a certificate of service by 5:00 PM on August 27, 2025. Mailed notice

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of KTM AG

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the extended deadline 51, the preliminary injunction hearing 43 tentatively set for August 29, 2025, is stricken. Upon consideration of the second certificate of service 52 dated filed August 27, 2025, plaintiff's motion for preliminary injunction 47 and motion for electronic service of process 46 are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal all documents previously filed under seal in this case. The law firm of Hughes Socol Piers Resnick & Dym Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. The next status report is due on or before September 25, 2025. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 8/28/2025. Mailed notice

MOTION by Plaintiff KTM AG Plaintiff's Motion to Direct the Clerk of the Court to Issue a Summons

(Proposed Order)

STATUS Report by KTM AG

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's Motion 56 is granted. The Clerk is directed to issue summons in the name of ping07 Store. Mailed notice