2026-cv-00446

COMPLAINT against SCHEDULE A DEFENDANTS (Filing fee, including Administrative fee, $405, receipt number APAWDC-9436969), filed by KTM AG.

Civil Cover Sheet

(Exhibit 1)

MOTION for Leave to File Documents Under Seal by KTM AG.

(Proposed Order)

MOTION for Temporary Restraining Order, MOTION to Expedite Discovery, MOTION for Order to Show Cause by KTM AG.

(Proposed Order)

BRIEF in Support re 3 Motion for TRO, Motion to Expedite, Motion for Order to Show Cause filed by KTM AG.

Declaration of Jay Harvey Paragoso

(Declaration of Keaton Smith)

MOTION for Alternative Service by KTM AG.

(Proposed Order)

BRIEF in Support re 5 Motion for Alternative Service filed by KTM AG.

MOTION for Leave to File Excess Pages by KTM AG.

(Proposed Order)

Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by KTM AG.

NOTICE of Appearance by Keaton David Smith on behalf of KTM AG.

PATENT/TRADEMARK DOCUMENTS ISSUED.

Complaint

Exhibit 1

(Docket Sheet) (dmh)

Judge Christy Criswell Wiegand added.

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties.

ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 3/20/2026.

NOTICE REGARDING TELEPHONIC PROCEEDINGS: The parties are directed to use the following information to access any telephone conference scheduled in this case. Conference Phone Number: 1 412-547-0144. Phone Conference ID: 359 195 882#

ORDER GRANTING 2 MOTION for Leave to File Documents Under Seal filed by Plaintiff KTM AG. Signed by Judge Christy Criswell Wiegand on 3/27/2026.

ORDER GRANTING 7 MOTION for Leave to File Excess Pages filed by KTM AG. Signed by Judge Christy Criswell Wiegand on 3/30/2026.

ORDER GRANTING 5 Motion for Alternative Service filed by Plaintiff KTM AG. IT IS HEREBY ORDERED that the 5 Motion is GRANTED as set forth in the Order. Signed by Judge Christy Criswell Wiegand on 3/30/2026.

ORDER. On 3/18/2026, Plaintiff KTM AG moved for leave to file certain documents under seal, including the unredacted complaint and attachment Schedule "A" to the complaint, together with supporting documents. ECF No. 2. On 3/27/2026, the Court granted KTM AG's 2 motion for leave to file documents under seal. ECF No. 14. To date, KTM AG has not filed any additional documents, despite requesting emergency TRO relief in this case. The Court is unable to rule on KTM AG's 3 motion for temporary restraining order without reviewing KTM AG's attachment Schedule "A" to his complaint and documents supporting his motion. Accordingly, IT IS HEREBY ORDERED that KTM AG shall file his materials under seal on or before 4/13/2026. If all necessary documents are not timely filed, the Court will deny the 3 Motion. Signed by Judge Christy Criswell Wiegand on 4/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

ORDER FOR ADMINISTRATIVE CLOSING. On 4/9/2026, the Court ordered KTM AG to file certain materials necessary to rule on KTM AG's 3 motion for TRO on or before 4/13/2026. See ECF No. 17. In that Order, the Court stated that if all necessary documents were not timely filed, the Court would deny the 3 motion. To date, no such documents have been filed, and the Court's deadline to file the requisite documents has passed. Accordingly, IT IS HEREBY ORDERED that the 3 motion for TRO is DENIED. IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this CLOSED. Signed by Judge Christy Criswell Wiegand on 4/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.