| Court: | insd |
| Docket #: | 1:11-cv-00173 |
| Case Name: | DION et al v. ALLWIN POWERSPORTS CORPORATION, INC. et al |
| PACER case #: | 32440 |
| Date filed: | 2011-02-04 |
| Date terminated: | 2011-10-25 |
| Assigned to: | Judge Richard L. Young |
| Referred to: | Magistrate Judge Tim A. Baker |
| Case Cause: | 28:1338 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| STEPHANE DION Plaintiff |
David Scott Klinestiver Joseph Peter Rompala Todd Arthur Richardson |
| 91934885 QUEBEC INC. Plaintiff doing business asDION DESIGNS |
David Scott Klinestiver Joseph Peter Rompala Todd Arthur Richardson |
| ALLWIN POWERSPORTS CORPORATION, INC. Defendant |
Amanda C. Couture Charles C. Kinne Kathleen Ann DeLaney |
| ARTHUR LIAO Defendant |
Amanda C. Couture Charles C. Kinne Kathleen Ann DeLaney |
| MHR HELMET CO. LTD. Defendant |
Amanda C. Couture Charles C. Kinne Kathleen Ann DeLaney |
| FOSHAN SHUNDE FENGXING HELMETS LTD. Defendant |
Amanda C. Couture Charles C. Kinne Kathleen Ann DeLaney |
| JIANGMEN PENGCHENG HELMETS LTD. Defendant |
Amanda C. Couture Charles C. Kinne Kathleen Ann DeLaney |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-02-04 | 1 | 0 | Complaint | COMPLAINT with Jury Demand filed by STEPHANE DION and 91934885 QUEBEC INC. against ALLWIN POWERSPORTS CORPORATION, INC., FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, and MHR HELMET CO. LTD. (Attachments: # 1 Exhibit A-contract, # 2 Exhibit B-drawings and photographs, # 3 Exhibit C, part 1-drawings and photographs, # 4 Exhibit C, part 2-drawings and photographs, # 5 Exhibit D-homepage and website portion, # 6 Exhibit E-copies of product page, # 7 Exhibit F-page from catalog, # 8 Exhibit G-pages from catalog)(DH) (Entered: 02/04/2011) | 2011-02-05 23:48:17 | 187d2957fbb22596d599eae689960f93882c00fe |
| 1 | 1 | Exhibit A-contract | ||||
| 1 | 2 | Exhibit B-drawings and photographs | ||||
| 1 | 3 | Exhibit C, part 1-drawings and photographs | ||||
| 1 | 4 | Exhibit C, part 2-drawings and photographs | ||||
| 1 | 5 | Exhibit D-homepage and website portion | ||||
| 1 | 6 | Exhibit E-copies of product page | ||||
| 1 | 7 | Exhibit F-page from catalog | ||||
| 1 | 8 | Exhibit G-pages from catalog | ||||
| 2011-02-04 | 2 | 0 | Civil Cover Sheet | CIVIL COVER SHEET filed by Plaintiffs, 91934885 QUEBEC INC. and STEPHANE DION. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 3 | 0 | Receipt | RECEIPT #IP022472 in the amount of $350.00 for filing fee. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 4 | 0 | Summons Issued | Summonses Issued as to ALLWIN POWERSPORTS CORPORATION, INC., FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, and MHR HELMET CO. LTD. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 5 | 0 | Notice of Appearance | NOTICE of Appearance by Todd Arthur Richardson on behalf of Plaintiffs 91934885 QUEBEC INC. and STEPHANE DION. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 6 | 0 | Notice of Appearance | NOTICE of Appearance by Joseph Peter Rompala on behalf of Plaintiffs, 91934885 QUEBEC INC. and STEPHANE DION. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 7 | 0 | Magistrate Judge's Notice of Availability to Exercise Jurisdiction | MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 8 | 0 | Corporate Disclosure Statement | Corporate Disclosure Statement by 91934885 QUEBEC INC. and STEPHANE DION. (DH) (Entered: 02/04/2011) | ||
| 2011-02-04 | 9 | 0 | Motion for Preliminary Injunction | MOTION for Preliminary Injunction filed by Plaintiffs, 91934885 QUEBEC INC. and STEPHANE DION. (DH) (Entered: 02/04/2011) | 2011-02-06 00:03:12 | 0f2d7efd38b0dbb1f938840c0f22b0056c5ae897 |
| 2011-02-04 | 10 | 0 | Brief/Memorandum in Support of Motion | BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction filed by Plaintiffs, 91934885 QUEBEC INC. and STEPHANE DION. (DH) (Entered: 02/04/2011) | 2011-02-06 00:02:08 | 4f04c8ce0f2891ff4bb224823d653e591308613f |
| 2011-02-09 | 11 | 0 | ORDER REFERRING MOTION to Magistrate Judge Tim A. Baker: 9 MOTION for Preliminary Injunction filed by 91934885 QUEBEC INC., STEPHANE DION. Signed by Judge Richard L. Young on 2/9/2011. Motions referred to Tim A. Baker.(PG) (Entered: 02/09/2011) | |||
| 2011-02-09 | 12 | 0 | NOTICE OF TRANSMITTAL OF FEBRUARY 9, 2011 ENTRY, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION, re 11 Order Referring Motion. (Richardson, Todd) (Entered: 02/09/2011) | |||
| 2011-02-09 | 13 | 0 | AFFIDAVIT of Service for Summons; Civil Cover Sheet; Appearances; Verified Complaint & Jury Demand; Corporate Disclosure Statement; Consent for Referral to Magistrate; Motion for Preliminary Injunction and Brief in Support of Plaintiffs' Motion for Preliminary Injunction served on ALLWIN POWERSPORTS CORPORATION, INC. on 02-07-11, filed by 91934885 QUEBEC INC., STEPHANE DION. (Richardson, Todd) (Entered: 02/09/2011) | |||
| 2011-02-09 | 14 | 0 | ORDER SETTING PRELIMINARY INJUNCTION HEARING: Hearing set for 2/14/2011 02:30 PM in room #238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Parties shall appear by counsel, who shall be prepared to present evidence and/or argument. The purpose of this hearing is to address Pltfs' motion for preliminary injunction. [Docket No. 9]. Signed by Magistrate Judge Tim A. Baker on 2/9/2011.(SWM) (Entered: 02/09/2011) | |||
| 2011-02-09 | 15 | 0 | NOTICE OF TRANSMITTAL OF FEBRUARY 9, 2011 ENTRY SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION, re 14 Scheduling Order. (Richardson, Todd) (Entered: 02/09/2011) | |||
| 2011-02-10 | 16 | 0 | NOTICE of Appearance by Amanda C. Couture on behalf of Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Couture, Amanda) (Entered: 02/10/2011) | |||
| 2011-02-10 | 17 | 0 | NOTICE of Appearance by Kathleen Ann DeLaney on behalf of Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (DeLaney, Kathleen) (Entered: 02/10/2011) | |||
| 2011-02-10 | 18 | 0 | MOTION for Attorney(s) Charles C. Kinne to Appear pro hac vice. Filing fee $ 30, receipt number 0756-1899749., filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Attachments: # 1 Exhibit Declaration of Charles Kinne, # 2 Text of Proposed Order)(Couture, Amanda) (Entered: 02/10/2011) | |||
| 2011-02-10 | 19 | 0 | ORDER granting 18 Motion to Appear pro hac vice. Attorney Charles C. Kinne for ALLWIN POWERSPORTS CORPORATION, INC. added. Signed by Magistrate Judge Tim A. Baker on 2/10/2011. (SWM) (Entered: 02/10/2011) | |||
| 2011-02-11 | 20 | 0 | Corporate Disclosure Statement by ALLWIN POWERSPORTS CORPORATION, INC.. (Couture, Amanda) (Entered: 02/11/2011) | |||
| 2011-02-11 | 21 | 0 | NOTICE of Appearance by David Scott Klinestiver on behalf of Plaintiffs 91934885 QUEBEC INC., STEPHANE DION. (Klinestiver, David) (Entered: 02/11/2011) | |||
| 2011-02-11 | 22 | 0 | CERTIFICATE of Counsel re 21 Notice of Appearance (Corrected) by David Scott Klinestiver on behalf of 91934885 QUEBEC INC., STEPHANE DION (Klinestiver, David) (Entered: 02/11/2011) | |||
| 2011-02-11 | 23 | 0 | RESPONSE in Opposition re 9 MOTION for Preliminary Injunction (Summary), filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Attachments: # 1 Exhibit 1 - Declaration of Sandra Wearne, # 2 Exhibit 2 - Correspondence between Counsel)(DeLaney, Kathleen) (Entered: 02/11/2011) | |||
| 2011-02-09 | 24 | 0 | NOTICE of Filing of Verification, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION, re 1 Complaint. (PG) (Entered: 02/15/2011) | |||
| 2011-02-15 | 25 | 0 | REPORT AND RECOMMENDATIONS re 9 MOTION for Preliminary Injunction filed by 91934885 QUEBEC INC., STEPHANE DION. Signed by Magistrate Judge Tim A. Baker on 2/15/2011. (Attachments: # 1 Transcript of hearing)(SWM) (Entered: 02/15/2011) | |||
| 2011-02-15 | 26 | 0 | Plaintiffs' Objections to Report and Recommendation of Magistrate Judge on Motion for Preliminary Injunction, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION. (Richardson, Todd) Modified on 2/16/2011 (PG). (Entered: 02/15/2011) | |||
| 2011-02-16 | 27 | 0 | Submission of Response in Opposition to Plaintiffs' Objections to Report and Recommendation, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (DeLaney, Kathleen) (Entered: 02/16/2011) | |||
| 2011-02-17 | 28 | 0 | Submission of Reply In Support of Dion's Objections to Magistrate Judge's Report and Recommendation on Preliminary Injunction Motion, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION. (Richardson, Todd) (Entered: 02/17/2011) | |||
| 2011-02-17 | 29 | 0 | TRANSCRIPT of Preliminary Injunction Hearing held on 2-14-11, before Magistrate Judge Tim A. Baker. Court Reporter/Transcriber Jean Knepley, Telephone number (317) 686-0197. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 3/10/2011. Release of Transcript Restriction set for 5/18/2011. (Knepley, Jean) Released on 5/18/2011 (SWM). (Entered: 02/17/2011) | |||
| 2011-02-17 | 30 | 0 | NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held before Magistrate Judge Tim A. Baker on 2-14-11. (Knepley, Jean) (Entered: 02/17/2011) | |||
| 2011-02-17 | 31 | 0 | ENTRY denying 9 Motion for Preliminary Injunction; OVERRULING the Plaintiffs objections 26 ; and adopting Report and Recommendations re 25 . Signed by Judge Richard L. Young on 2/17/2011. (PG) (Entered: 02/18/2011) | |||
| 2011-02-25 | 32 | 0 | NOTICE of Parties' First Extension of Time, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (DeLaney, Kathleen) (Entered: 02/25/2011) | |||
| 2011-03-22 | 33 | 0 | MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) or, in the Alternative, MOTION to Transfer Case Pursuant to 28 USC 1404(a) to the Northern District of Illinois, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Kinne, Charles) (Entered: 03/22/2011) | |||
| 2011-03-22 | 34 | 0 | BRIEF/MEMORANDUM in Support re 33 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) or, in the Alternative MOTION to Transfer Case Pursuant to 28 USC 1404(a) to the Northern District of Illinois, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Attachments: # 1 Exhibit Exh A Decl of Chun Liu)(Kinne, Charles) (Entered: 03/22/2011) | |||
| 2011-03-23 | 35 | 0 | SCHEDULING ORDER: Initial Pretrial Conference set for 5/3/2011 09:00 AM in room #524, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. The parties shall file the proposed CMP no less than seven days prior to the pretrial conference (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 3/23/2011.(SWM) (Entered: 03/24/2011) | |||
| 2011-04-08 | 36 | 0 | AMENDED COMPLAINT and Jury Demand against ALLWIN POWERSPORTS CORPORATION, INC., FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD., filed by STEPHANE DION, 91934885 QUEBEC INC.. (Attachments: # 1 Exhibit A - Contract with Foshan Shunde Fengxing Helmets, Ltd., # 2 Exhibit B - FF385 helmet model pictures and designs, # 3 Exhibit C - New FF385 helmet model pictures and designs, # 4 Exhibit D - Allwin's website homepage and About Us section, # 5 Exhibit Ex E - Allwin's website product page showing details for each helmet, # 6 Exhibit F - Relevant page from the 2011 LS2 Europe catalog, # 7 Exhibit G - Relevant pages from the 2011 LS2 Europe catalog, # 8 Exhibit H - Certificate of Registration VAu 1-057-414, # 9 Exhibit I - Certificate of Registration VAu 1-057-415)(Richardson, Todd) (Entered: 04/08/2011) | |||
| 2011-04-08 | 37 | 0 | RESPONSE in Opposition re 33 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) or, in the Alternative MOTION to Transfer Case Pursuant to 28 USC 1404(a) to the Northern District of Illinois Opposition to Motion to Dismiss or Transfer, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION. (Richardson, Todd) (Entered: 04/08/2011) | |||
| 2011-04-18 | 38 | 0 | REPLY in Support of Motion re 33 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) or, in the Alternative MOTION to Transfer Case Pursuant to 28 USC 1404(a) to the Northern District of Illinois, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Kinne, Charles) (Entered: 04/18/2011) | |||
| 2011-04-25 | 39 | 0 | MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Kinne, Charles) (Entered: 04/25/2011) | |||
| 2011-04-25 | 40 | 0 | BRIEF/MEMORANDUM in Support re 39 MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Kinne, Charles) (Entered: 04/25/2011) | |||
| 2011-04-26 | 41 | 0 | CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION Joint Proposed Case Managment Plan. (Richardson, Todd) (Entered: 04/26/2011) | |||
| 2011-05-05 | 42 | 0 | ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED, provided, however the deft will not be seeking a stay as indicated in the CMP. Dispositive Motions due by 5/4/2012. Parties appeared by counsel on 5/3/2011, for an initial pretrial conference. Signed by Magistrate Judge Tim A. Baker on 5/5/2011.(SWM) (Entered: 05/06/2011) | |||
| 2011-05-12 | 43 | 0 | RESPONSE in Opposition re 39 MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION. (Richardson, Todd) (Entered: 05/12/2011) | |||
| 2011-05-23 | 44 | 0 | REPLY in Support of Motion re 39 MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Defendant ALLWIN POWERSPORTS CORPORATION, INC.. (Kinne, Charles) (Entered: 05/23/2011) | |||
| 2011-08-01 | 45 | 0 | NOTICE of Appearance by Charles C. Kinne on behalf of Defendants FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (Kinne, Charles) (Entered: 08/01/2011) | |||
| 2011-08-01 | 46 | 0 | NOTICE of Corporate Disclosure Statement, filed by Defendant FOSHAN SHUNDE FENGXING HELMETS LTD. (Kinne, Charles) (Entered: 08/01/2011) | |||
| 2011-08-01 | 47 | 0 | NOTICE of Corporate Disclosure Statement, filed by Defendant JIANGMEN PENGCHENG HELMETS LTD. (Kinne, Charles) (Entered: 08/01/2011) | |||
| 2011-08-01 | 48 | 0 | NOTICE of Corporate Disclosure Statement, filed by Defendant MHR HELMET CO. LTD. (Kinne, Charles) (Entered: 08/01/2011) | |||
| 2011-08-01 | 49 | 0 | NOTICE of Parties' First Extension of Time, filed by Defendants FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (Kinne, Charles) (Entered: 08/01/2011) | |||
| 2011-08-03 | 50 | 0 | NOTICE of Appearance by Kathleen Ann DeLaney on behalf of Defendants FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (DeLaney, Kathleen) (Entered: 08/03/2011) | |||
| 2011-08-03 | 51 | 0 | NOTICE of Appearance by Amanda C. Couture on behalf of Defendants FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (Couture, Amanda) (Entered: 08/03/2011) | |||
| 2011-08-24 | 52 | 0 | Unopposed MOTION for Extension of Time to September 12, 2011 to Answer or Otherwise Plead (Second Enlargement), filed by Defendants FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (Attachments: # 1 Text of Proposed Order proposed Order)(Kinne, Charles) (Entered: 08/24/2011) | |||
| 2011-08-26 | 53 | 0 | ORDER granting defts Arthur Liao, MHR Helmet Co., Ltd., Foshan Shunde Fengxing Helmets Ltd., and Jiangmen Pengcheng Helmets Ltd's 52 Motion for Extension of Time to File response to amended complaint to 9/12/2011. Signed by Magistrate Judge Tim A. Baker on 8/26/2011. (SWM) (Entered: 08/26/2011) | |||
| 2011-09-08 | 54 | 0 | ENTRY Referring re 33 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) or, in the Alternative MOTION to Transfer Case and 39 MOTION to Dismiss Plaintiffs' Amended Complaint to Magistrate Judge Tim A. Baker. Signed by Judge Richard L. Young on 9/8/2011.(PG) (Entered: 09/08/2011) | |||
| 2011-09-09 | 55 | 0 | Second (Unopposed) MOTION for Extension of Time to October 10, 2011 (Third Enlargement) to Answer or Otherwise Plead, filed by Defendants FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (Attachments: # 1 Text of Proposed Order [proposed] Order Granting Motion for Third Enlargement of Time)(Kinne, Charles) Modified on 9/13/2011 (PG). (Entered: 09/09/2011) | |||
| 2011-09-13 | 56 | 0 | NOTICE OF SERVICE, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION, re 1 Complaint, 36 Amended Complaint. (Attachments: # 1 Exhibit A - USM-94, # 2 Exhibit B - Affidavit, # 3 Exhibit C - Certificate - MHR, # 4 Exhibit D - Certificate - Jiangmen, # 5 Exhibit E - Certificate - Delivery Address) (Richardson, Todd) (Entered: 09/13/2011) | |||
| 2011-09-14 | 57 | 0 | ORDER granting Defts' 55 Motion for Extension of Time to File response to amended complaint to 10/10/2011. Signed by Magistrate Judge Tim A. Baker on 9/14/2011. (SWM) (Entered: 09/15/2011) | |||
| 2011-09-21 | 58 | 0 | ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 30 day. Signed by Magistrate Judge Tim A. Baker on 9/21/2011. (SWM) (Entered: 09/21/2011) | |||
| 2011-10-21 | 59 | 0 | STIPULATION of Dismissal and Order for Dismissal, filed by Plaintiffs 91934885 QUEBEC INC., STEPHANE DION, Defendants ALLWIN POWERSPORTS CORPORATION, INC., FOSHAN SHUNDE FENGXING HELMETS LTD., JIANGMEN PENGCHENG HELMETS LTD., ARTHUR LIAO, MHR HELMET CO. LTD.. (Richardson, Todd) (Entered: 10/21/2011) | |||
| 2011-10-25 | 60 | 0 | ORDER of Dismissal with prejudice. Signed by Judge Richard L. Young on 10/25/2011.(PG) (Entered: 10/26/2011) |