2025-cv-06006

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-23551365.

(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 Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 7/24/2025 at 9:00 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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 Andrea R. Wood: Telephonic initial status hearing held on 7/24/2025. As stated on the record, Plaintiff's motion for leave to file under seal 8 is granted. Telephonic status hearing set for 8/12/2025 at 10:30 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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 Motion for a First Extension of Time to File an Amended Complaint, Amended Schedule A and Declaration

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for a first extension of time to file an amended complaint, amended schedule A and declaration 14 is granted. Plaintiff shall file its amended complaint by 8/18/2025. Mailed notice

AMENDED complaint by KTM AG against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended 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, 20

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 Part 1 of Paragoso Declaration regarding memorandum in support of motion, 21

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 2 of Paragoso Declaration regarding memorandum in support of motion, 21

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 3 of Paragoso Declaration regarding memorandum in support of motion, 21

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 4 of Paragoso Declaration regarding memorandum in support of motion, 21

MOTION by Plaintiff KTM AG to expedite Plaintiff's Motion for Expedited Discovery

SEALED DOCUMENT by Plaintiff KTM AG Kalbac Declaration

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 8/22/2025. For the reasons stated on the record, Plaintiff's motion for leave to file excess pages 19, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 20, and motion for to expedite discovery 26 are granted. Enter Sealed Temporary Restraining Order and Expedited Discovery Order. The Temporary Restraining Order and Expedited Discovery Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:00 a.m. on 8/22/2025 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 9/5/2025 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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.

SEALED TEMPORARY RESTRAINING signed by the Honorable Andrea R. Wood on 8/22/2025.

SEALED EXPEDITED DISCOVERY ORDER signed by the Honorable Andrea R. Wood on 8/22/2025.

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 Andrea R. Wood: Plaintiffs' ex parte motion to extend the temporary restraining order 31 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 9/19/2025. Telephonic status hearing set for 9/5/2025 is stricken and reset for 9/19/2025 at 8:45 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

(Exhibit 2)

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 1 regarding MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 34

MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Defendant Nos. 3, 6, 7,14, 16, 17, 39, 42, 49, 51, 62-65, 86, 92, 93, 95, 101, 137, 138, 144-147, 154, 156, 158, 164, 166, 167, 171, 172, 174, 182, 184, 185, 187, 193, 195, 197, 199, 215, 216, 220, 221 and 225

MEMORANDUM by KTM AG in support of motion for preliminary injunction, 37

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction, 37

SUMMONS Issued (Court Participant) as to Plaintiff KTM AG